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Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Forfeiture Takings, Police Power, And Necessity Destruction, Shelley Ross Saxer

University of Miami Law Review

Civil forfeiture laws allow law enforcement to seize property when there is probable cause it has been used or possessed in violation of legal rules, often before an owner has a chance to contest the government’s seizure in court. In the criminal context, forfeiture is typically an in personam action that requires a criminal conviction and is part of a defendant’s sentence. In the civil context, however, forfeiture is an in rem proceeding brought against the property derived from or used to commit an offense––not against the person who committed the offense. As such, a civil forfeiture may not require …

United States V. Minor: Two Major Issues, Hemangi Patel

Texas A&M Law Review

This Note analyzes a 2024 Fifth Circuit opinion concerning two issues: “(1) whether the district court erred by applying the career-offender enhancement when calculating Minor’s . . . range” under the United States Sentencing Guidelines (“Guidelines”), and “(2) if so, whether that error was harmless.” In United States v. Minor, the Fifth Circuit first held that the district court erred by applying the career-offender enhancement when calculating Minor’s Guidelines range because the defendant’s prior marijuana convictions no longer qualified as predicate offenses under the Controlled Substances Act (“CSA”). Second, the court held that the error was not harmless because …

Pardon Me Please: Evaluating Clemency For Marijuana Offenders, Mitchell F. Crusto

Washington and Lee Law Review Online

Since 2012, several states and municipalities have decriminalized the non-violent use and possession of small amounts of recreational marijuana by adults. These criminal law reforms raise the issue of whether individuals who were convicted in the past should be exonerated retroactively by way of pardons or clemency. Consequently, many past marijuana offenders remain in state prisons for committing acts that are no longer deemed illegal in many states. Furthermore, these prisoners, as well as persons who were formerly accused or imprisoned, suffer from the stigma and negative collateral consequences of their alleged criminality. In response to these injustices, many governors …

Structurally Harmless: Why Brecht Should Apply On Collateral Review Of Structural Errors, Jaden M. Lessnick

Notre Dame Law Review Reflection

Even when a prisoner has overcome all of AEDPA’s requirements and the Supreme Court’s equitable bars to relief, the writ of habeas corpus may issue only as “law and justice” require. The Court has recognized in recent Terms that the habeas statute thus confers on courts discretion to deny relief notwithstanding the satisfactions of the statutory and equitable preconditions. This discretion, the Court has said, is not boundless. A judge may grant the writ only after considering the principles of finality and federalism. Whatever else that includes, the Supreme Court has made clear that a judge must apply Brecht’s …

What Is Trump Immunity?, Carlos M. Vázquez

Notre Dame Law Review Reflection

By definition, the immunity of a former President is not an immunity ratione personae, as this sort of immunity applies only to current officeholders. It is an immunity ratione materiae extending only to certain types of acts. The Court in Trump made clear that the immunity a former President enjoys is at least an immunity from judicial proceedings. It is for this reason that she is entitled to an immediate appeal from the denial of a motion to dismiss the claim against her. The Court left unclear whether the President’s immunity is also an immunity from primary obligations or an …

The Presumption Against Extraterritoriality And Wire Fraud, L. Jackson Howell Jr.

Fordham Law Review

As globalization and technology increasingly blur geographic boundaries, federal prosecutors have turned to the wire fraud statute as a powerful tool for targeting transnational misconduct. Despite its popularity in international fraud prosecution, the statute’s application to foreign conduct continues to raise unresolved and pressing questions under the presumption against extraterritoriality. Specifically, courts have struggled to identify when a domestic wire communication is sufficient to bring a largely foreign fraudulent scheme within the reach of U.S. law. With the U.S. Supreme Court silent on the wire fraud statute directly, and zigzagging in its extraterritoriality jurisprudence more generally, lower courts are split …

Making Youth Matter, Kimberly Ambrose

Washington Law Review

Gun violence is the leading cause of death for children and adolescents in the United States. The harm caused by this public health crisis falls disproportionately on Black and Brown youth. While it is broadly accepted that children are less blameworthy than adults for their criminal behavior, what does this mean when they have access to and use guns? The Supreme Court held that youth matters when juveniles face life without parole sentences because children are different from adults—they fail to appreciate risks and consequences; are more impulsive; more susceptible to peer and family influence; less able to remove themselves …

Another Broken Promise: The Mmiwg2s Crisis And The Violation Of The Federal Indian Trust Obligation, Marley Forest

Washington Law Review

Indigenous Women, Girls, and Two-Spirit people go missing and are murdered at rates nearly ten times the national average in the United States. This disproportionate epidemic of violence has been labeled the Missing and Murdered Indigenous Women, Girls, and Two-Spirit (MMIWG2S) crisis. Several factors exacerbate this crisis. First, European colonizers used violence against Native people, especially women and Two-Spirit people, as a tactic of control and domination since first contact in the 1600s. Second, nearly two hundred years of legislative actions and case law have effectively stripped Native Nations of all criminal jurisdictional power over crimes committed on their land …

The Crime Of Being Immoral, Randy D. Gordon

Faculty Scholarship

Despite a general abhorrence of retrospective laws as a matter of legal theory and Constitutional dictate, US. courts continue-in es sence-to create new crimes by injecting fazzy moral considerations into determinations under the federal fraud statutes. They do so by deeming a failure to act with "moral uprightness" sufficient to consti tute criminal fraud. Under such an amorphous standard, the unwitting find themselves in a legal bind, even though their conduct may not in volve any of the traditional elements of common-law fraud. This Article traces the roots of novel fraud theories with tools drawn from legal theory, linguistics, and …

Look What You Made Me Do, Russell M. Gold

Washington and Lee Law Review

We have understood for centuries that crime is both the product of social forces and individual choice. We know now that crime is affected by economic deprivation, addiction, trauma, and mental health issues. But American criminal legal processes hide this reality by coercing defendants into expressing a profoundly simple narrative: crime is solely individual choice to do wrong. This coerced narrative finds defendants during a plea colloquy standing up in court saying that they are pleading guilty because they are guilty and for no other reason. A defendant who goes off-script to tell the judge that they have been repeatedly …

A Call For Canceling Compassionate Release And Restoring Federal Parole, Honorable Chief Judge C.J. Williams

Washington and Lee Law Review

The current federal sentencing scheme is a patchwork quilt of provisions that grant judges virtually unfettered and unreviewable discretion imposing sentences on the front-end and in granting compassionate release on the back end. It was not designed in the beginning to be this way. The advisory-only sentencing guidelines scheme we have now resulted from the Supreme Court’s finding that mandatory guidelines violated the Constitution. The recent sentencing reform movement—of which compassionate release is a significant part—has sought to find ways of ameliorating what is seen as the draconian result of the war on drugs. The question is whether granting Article …

When Executions Don't Kill: The Stories Of Eight People Who Survived Their Date With Death, Austin Sarat, Julia Morgan-Canales, Aidan Gemme

Cardozo Journal of Equal Rights & Social Justice

This Article focuses on the eight people who have survived execution attempts in the last 100 years. Some of them faced a second attempt to carry out the sentence. Others escaped that fate only to die in prison; one reached an agreement with the state to allow them to remain in prison for the rest oftheir life, and the fate of another is up in the air.

By examining what went wrong in their executions and the accounts of those events offered by defense lawyers, state officials, and judges, this Article suggests that these executions fall into distinct genres. Each …

Benchmarking Age-Gates, Katharine B. Silbaugh

Faculty Scholarship

This article examines how legal actors—particularly legislators, judges, and attorneys—invoke chronological age to justify the application of legal rules to adolescents. In doing so, they often rely on comparisons to existing “age-gates,” treating these thresholds (such as ages 18 or 21) as self-justifying reference points. Age 18, marking the legal transition from childhood to adulthood, and age 21, the former age of majority and current sales age for certain controlled substances, serve as especially powerful rhetorical anchors in age-based legal reasoning. These anchor points shape how legal actors advocate for or against particular age thresholds, often substituting analogy for substantive …

Criminal Court's Disability, Zohra Ahmed

Faculty Scholarship

Do criminal courts meaningfully accommodate psychiatric disability? A review of competency proceedings across the United States suggests not. In competency to stand trial proceedings, criminal court actors offer a narrow vision of psychiatric disability that excludes many defendants. Ultimately, the institutional context of criminal court undermines even the meagre accommodations that the competency framework provides.

Competency proceedings are the constitutional accommodations available to disabled defendants if they can establish that they are unable to consult with their lawyers or if they do not have a rational or factual understanding of the proceedings against them. After a finding of incompetency, the …

Breaking The Chains: Addressing Criminal Records For Sex Trafficking Survivors Through Vacatur Laws, Charlotte Kessinger

Advanced Issues in Criminal Law: Sex Offenses

No abstract provided.

Duck, Duck, Prisoner Abuse: Trump Presidency, Prison Labor, And The Racketeer Influenced And Corrupt Organizations Act (Rico), Maya Huffman

Immigration and Human Rights Law Review

The use of compulsory prison labor in American jails and prisons has reached alarming levels. Despite the Thirteenth Amendment’s purpose of abolishing slavery in the United States, slavery-like conditions persist under the guise of compulsory prison labor. The Thirteenth Amendment created an important caveat to the prohibition of slavery in the United States: involuntary servitude is permissible as a punishment for crime. Across the country, incarcerated individuals are forced against their will to engage in physical labor with sub-standard safety protocols, endure physically and mentally abusive superiors, and receive little to no pay. Despite domestic and international condemnation of the …

#Falseflag: Exploring Themes In Conspiracy Theory Tweets Regarding The Robb Elementary School Active Shooter Event, Madison K. Doyle, Carolyn Willis

Qualitative Criminology (QC)

"Little is known about the content of conspiratorial posts on social media, specifically regarding active shooter events. This study explores the content of conspiracy theory tweets during the six months following the active shooter event at Robb Elementary School in Uvalde, Texas. 194 tweets were analyzed. The analysis resulted in two main themes: False Flag and Hypothesized Reasoning. These themes represent the similarities and variations in content among the tweets. In line with research suggesting that people are most vulnerable to conspiratorial thinking when trying to explain unusual and unsettling events, results indicate that many posts were attempting to provide …

“Oh, Are You Gay?”: An Exploration Of Lgbtq+ Students’ Lived Experiences With Microaggressions And Finding Safety On A University Campus, Christina Policastro, Courtney Crittenden, Jadon Clark, Rileigh Arrington

Qualitative Criminology (QC)

"Studies demonstrate that LGBTQ+ college students experience explicit and covert discrimination with research documenting various microaggressions reported by university students whose gender and/or sex identities are minoritized. Building off existing models of LGBTQ microaggressions, the current study adds to this literature by utilizing focus groups to explore campus safety perceptions among a sample of U.S. undergraduate students who identify as LGBTQ+. Findings highlight the diverse microaggressions experienced by students at the interpersonal and environmental level. Moreover, the results displayed the mechanisms students employed to avoid or disengage from situations where microaggressions may be encountered, as well as underscored ways in …

Are Cyber-Investigators Resilient In The Face Of Adversity? An Inductive Qualitative Analysis Exploring Investigators’ Perceptions Regarding The Challenges And Successes In Online Crime Police Investigations, Julien Chopin, Camille Faubert, David Décary-Hétu, Benoît Dupont, Jerry Ratcliffe, Aili Malm

Qualitative Criminology (QC)

"Cybercrime investigations continue to pose a significant challenge for most law enforcement agencies. Specifically, these investigations present knowledge, legal, and forensic challenges that hinder police officers’ ability to successfully complete their tasks and develop a sense of well-being on the job. Studies have shown that in the face of such adversity, individuals exhibit a positive coping capacity known as the resilience process. In this research, we set out to improve our understanding of both the difficulties police officers face when investigating online crimes and their ability to cope by analyzing their perceptions of success. To do this, we conducted interviews …

Prosecution In The Eyes Of The Justice-Involved: A Community-Based Participatory Research Approach, Belén Lowrey-Kinberg

Qualitative Criminology (QC)

"Community based participatory research (CBPR) centers the voices of community members in the research process. Long used in the field of healthcare, criminal justice researchers have employed CBPR only in limited contexts, and never in the context of prosecution research. This paper reports on findings from a CBPR study that employed focus groups with justice-involved individuals to identify their perceptions of the pre-trial process, prosecutors’ priorities, and recommended directions for research. The findings from these focus groups were used as the basis for developing interview questions for prosecutors, which were subsequently implemented in two larger research projects examining prosecutor discretion. …

Communication Inhibitors: Dilemmas In Community Partnerships Amidst Mental Health Crises In Texas, Alessa Juarez, Kendra N. Bowen, Johnny Nhan

Qualitative Criminology (QC)

"Community partnerships between police departments, social services, and healthcare providers continue to struggle in various ways, with mental health crisis response remaining a primary yet fragmented service delivery. Using the nodal governance perspective, this paper provides qualitative insight into the existing communication and resource barriers between law enforcement personnel and social service providers in a large urban county in Texas. Four key themes are presented: staff and resource availability, continuity of care, staff personnel and characteristics, and communication efficiency. Policy implications are also discussed, with the study’s findings supporting the prioritization of building stronger communication between existing social service providers, …

California Public Defense Workloads And Staffing, Malia N. Brink, Pamela R. Metzger, Andrew L.B. Davies, Cynthia G. Lee

Deason Center Reports

This report assesses the current workloads and staffing of California public defense providers. The report concludes that California’s public defense attorneys are almost universally burdened by workloads that far exceed nationally recommended standards. Additionally, compared to district attorneys’ offices in the same jurisdictions, public defender offices typically have 20-45% fewer attorneys.

This report also details how public defense providers in California also lack the appropriate support staff – investigators, social workers, paralegals, and administrative assistants – necessary to efficiently and effectively represent their clients. At their current workload and staffing levels, public defense attorneys simply cannot do all that their …

Civil Servant Disobedience: An Alternative Legal Strategy To Prevent Bureaucratic Pathology, Richo Andi Wibowo

The Indonesian Journal of Socio-Legal Studies

This paper seeks to provide conceptual and empirical justifications for civil servants to engage in disobedience to curb bureaucratic pathology. Various civil servants have long complained that they face illegal instructions from their superiors. The cases discussed here are from public procurement, which has a dimension of political corruption, a recurring problem in many places in Indonesia. Thus, the problem shall be seen as a bureaucratic pathology rather than as maladministration. As the reporting of superiors to legal enforcers may be too risky, the disobedience can be accomplished by refusing to cooperate with superiors who give illegal instructions. The term …