Digital Commons Network^™

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Language Of Love: Kafka’S Affective Meaning In Briefe An Milena, Kafka Aisyah Triny, Julia Wulandari

International Review of Humanities Studies

Franz Kafka is known for his twisted literature filled with dark atmosphere and word choices, however when it comes to writing letters to his muse, Milena, he uses words unknown to him. He expresses his barest soul to her using word choices that indicate someone who is amazed. For a person like Kafka, love is not all about complementing word choices and emotions, seen by his internal battles with himself and uncertainty regarding the topic of love. This research will use Geoffrey Leech’s semantic framework along with Monica Schwarz and Jeannette Chur’s Wortfeld theory. The study aims to examine Kafka’s …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Publicity Rights Metamorphosis: From The Right To Evoke To The Ultimate Evoked Rights, Mira Moldawer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

It’S Not Albright In Texas: How Ptab Expertise Can Illuminate Patent Litigation In Texas, Kaitlyn Mires

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Intellectual Property Inequality Alleviation, Daniel Benoliel

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Precise Operations, Imprecise Laws: How Nebulous Laws Wreak Havoc In Outer Space, Matthew H. Ormsbee, Harine Raaj

Washington Journal of Law, Technology & Arts

As space operations advance with unprecedented precision, the laws governing these activities remain outdated, vague, and incapable of addressing contemporary challenges. The Outer Space Treaty (OST) and the Liability Convention, drafted in the Cold War era, fail to adequately define fundamental terms such as damage, fault, and compensation. This lack of legal precision creates significant liability gaps, particularly as space debris, mega-constellations, and private-sector actors reshape the space landscape. This article explores how these ambiguities hinder legal predictability and fair compensation for victims of space-related harm. By analyzing real-world space incidents, including the Cosmos 954 reentry, the Iridium-Cosmos collision, and …

Redefining Child Pornography In An Age Of Technological Advancement: The Concept Of Avoidable Harm, Debra D. Burke, Christopher N. Doval

Washington Journal of Law, Technology & Arts

In 2020, Netflix released on its streaming service the movie Cuties, a coming-of-age story about an 11-year-old Senegalese immigrant who joined a dance group. The film is a commentary against the hyper-sexualization of children and the pressure young girls face from social media and society and received a director’s award at the Sundance Film Festival. Its release, however, kicked off a culture war, prompting a movement to cancel Netflix subscriptions in response to the film’s sexually provocative imagery of young girls. The movie’s award-winning director defended the film’s message, explaining that the film was her own story, struggling as a …

Tailoring The Law: Protecting Fashion In The Future, Imaad Huda

Washington Journal of Law, Technology & Arts

This article identifies how the current legal system in the United States harms fashion designers and the art they produce. It explains how fashion as an industry lacks a system of law that best fits the issues posed by design theft due to fast fashion. Fast fashion companies, through modern technology, are able to reproduce stolen designs with haste. Currently, there are a few notable cases that have spawned from design theft, but their verdicts may be limited in their ability to change policy or raise significant legal issues. This article analyzes both current federal enforcement mechanisms and design practices …

Legal Feasibility Of Uniform International Commercial Intellectual Property Terms (Incoipterms) In International Trade Contracts By Modeling Incoterms, Seyed Mohsen Hasheminasab Zavare

LLM Theses

In today's global landscape, protecting intellectual property in international commercial contracts is of paramount importance. Addressing concerns and establishing clear terms for intellectual property protection is crucial due to the prevalence of infringements and varying interpretations. The International Chamber of Commerce (ICC) has taken a significant step by introducing Incoterms within the framework of international goods sales. These commercial terms play a major role in international trade law, extending beyond mere contractual regulations. On one hand, they reflect commercial customs, and on the other, they precisely define the rights, obligations, and duties of the involved parties to prevent disputes and …

The Indian Pharmacopoeia: Enabling Open Access And Crafting A ‘Sovereign Function Exception’ For Government Works, Aparajita Lath

National Law School Journal

Standardisation of drugs and access to such standards are important levers for effective drug regulation. The Indian Pharmacopoeia, the official book of standards for drugs in the country prescribed by the Union government under the Drugs and Cosmetics Act 1940, are legally binding and enforceable. Not only do the standards have the force of law but are also government-created. The Indian Pharmacopoeia Commission (IPC), a division of the Union Department of Health and Family Welfare, has a legal monopoly over creating and publishing this compendium. Though it is legally binding, the Indian Pharmacopoeia is neither in the public domain …

Ai And The Erosion Of Law’S Moral Authority, Joseph Avery

BYU Law Review

Over the past decade, artificial intelligence (AI) has begun to assist, augment, and influence judicial and legislative work. At the end of 2023, U.S. Supreme Court Chief Justice John Roberts was “confident” that technological changes would continue to transform the common law and that judicial work would “be significantly affected by AI.”

In the legislative realm, there are AI tools devoted exclusively to drafting statutes, and the use of AI by members of the U.S. Congress is now officially sanctioned. These developments have led to a focus on technical and performance-related issues with AI, including those of accuracy and reliability, …

Cox Communications, Inc. V. Sony Music Entertainment, No. 24-171 (U.S. June 30, 2025), Charles Duan

Amicus Briefs & Court Filings

Under the Copyright Act, “[a]nyone who violates any of the exclusive rights of the copyright owner . . . is an infringer of the copyright." 17 U.S.C. §501(a). This Court has also recognized two categories of secondary liability, which means liability for the copyright infringement of another. Those two categories are “contributory” liability and “vicarious” liability. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U. S. 913, 930. This case concerns contributory liability, which requires that a provider intended its service to be used for infringement. A copyright owner can show the requisite intent in two ways. First, it can show …

Session 5: Ai Regulation From Domestic Sources: From Where And When?, Mark Geistfeld, Margaret Hu, Emile Loza De Siles

SITIE Symposiums

In the wake of high-profile calls for AI regulation from tech leaders like Sam Altman and Brad Smith, domestic efforts to shape AI governance in the U.S. are becoming more urgent. Moderated by Professor Steve Tapia, this panel of legal scholars examined the evolving field of AI regulation, here from domestic sources, focusing on gaps in legal literacy, the limits of tort law, and the promise of more transparent frameworks. Panelists explored the challenges posed by the “Black Box” nature of AI, including trade secret protections, opaque algorithms, and their impact on tort causation and discrimination. They highlighted tensions between …

8th Annual Innovation And Technology Law Conference: Regulating Artificial Intelligence: From Where And When?, Steven Bender

SITIE Symposiums

Since 2018, the Seattle University School of Law has presented an annual late spring/summer conference on innovation and technology, shifting to a virtual conference in 2020. The virtual format fosters inclusion of national and even international speakers (as this year with Marie-Charlotte Roques-Bonnet, Data Protection/AI Consultant & Research Lead, ID side.eu, joining from France), and participation from a broad base audience, which this year included over 200 registrants who joined live or watched the recording.

Arts-Based Sustainability: From New York To Malawi, Martha B. Lerski

Publications and Research

Recognizing that libraries serve multiple constituencies and subject areas, this chapter documents and advocates for development of transdisciplinary arts-based research (ABR) and culture-related projects linked to environmental challenges. Libraries contribute collections and spaces, as well as the research of library and information scientists. Libraries are currently among invisible contributors to sustainability planning and services. The chapter will link this invisibility to the value of what visual arts refer to as negative space elements in subjects ranging from traditional ecological knowledge to environmental science. Library collections, projects, and research contribute to education for sustainable development (ESD) as required to achieve the …

Third-Party Funding Of Patent Litigation: Problems And Solutions, Korok Ray, Adam Olson

Utah Law Review

This Article documents the rise of third-party funding in patent litigation. We track funding sources for patent lawsuits in the United States from 2002 to 2021, which show an increase in cases and percentage funded by third parties. While we cannot say third-party funding increased patent litigation, we can observe the correlation. The use of the champerty doctrine by patent trolls distorts the marketplace and causes frivolous litigation.

The secondary patent market created a robust litigation market in which non-practicing entities (NPEs) can buy from innovators and sue defendants. Capital investments bet on litigation, hoping for a return without interest …

Unlocking Platform Data For Research, Niva Elkin-Koren, Maayan Perel, Ohad Somech

Indiana Law Journal

Digital platforms, which control unique access points to the rich data stored on their servers, have become a “living lab” of real-time information. Scientists and researchers increasingly use platform data for various purposes, such as training machine learning (ML) systems and Natural Language Processing (NLP) models, and for studying diverse fields such as medicine, humanities, and social sciences, including the influence of digital platforms on society. However, researchers increasingly encounter significant barriers when attempting to access platform data. Although platforms typically lack proprietary rights over the data itself, they exert strong control over its use by imposing digital locks and …

Design Patent Law's Three Little Words, Mark D. Janis

Indiana Law Journal

U.S. design patent law protects the visual characteristics of articles of manufacture. For many years, major manufacturers of athletic footwear have protected their visually iconic designs with design patents, fueling a global market valued at nearly $100 billion. Today, however, shoe design has arrived in the digital universe. Digital sneakers such as Gucci’s Virtual 25 and Nike’s “Our Force Ones” can be “worn” only in virtual worlds but have substantial real world economic value. Yet U.S. design patent law makes it difficult—some would say impossible—to protect those designs, on the ground that they do not satisfy the statutory requirement for …

The Mirage Of Artificial Intelligence Terms Of Use Restrictions, Peter Henderson, Mark A. Lemley

Indiana Law Journal

Artificial intelligence (AI) model creators commonly attach restrictive terms of use to both their models and their outputs. These terms typically prohibit activities ranging from creating competing AI models to spreading disinformation. Often taken at face value, these terms are positioned by companies as key enforceable tools for preventing misuse, particularly in policy dialogs. The California AI Transparency Act even codifies this approach, mandating certain responsible use terms to accompany models.

But are these terms truly meaningful, or merely a mirage? There are myriad examples where these broad terms are regularly and repeatedly violated. Yet except for some account suspensions …

Analyzing Copyrightability Of Ai-Generated And Assisted Works Under A New Theory Of Authorship, Katherine Lu

Journalism

While pending cases like the New York Times’ case against OpenAI will be the first test for artificial intelligence (AI) in the copyright space, current copyright legislation inadequately answers questions regarding grey-area uses of generative AI in the creation of journalistic, creative, or academic works. The Copyright Office has established that copyright requires human authorship, but current legal definitions of authorship may include simple prompt writing as a form of authorship. This paper addresses the inadequacies of the current definitions of authorship, and proposes a new one that encompasses traditional definitions, the Copyright Office’s new motions addressing AI, and Christopher …