Digital Commons Network^™

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 …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

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 …

Structure And Legitimation In Capitalism: Law, Power, And Justice In Market Society, Yochai Benkler

Law and Contemporary Problems

This article introduces a new institutional political economy of capitalism that explains the distinctive dynamics that drive sustained productivity growth, recurring social dislocation, and persistent patterns of exploitation in modern market societies. It then analyzes the role of law in structuring social relations of production in capitalism and legitimating those structures so as to stabilize the asymmetric social relations they create. Law structures social relations of production by allocating control over labor, knowledge, natural resources, and technology, as used for purposes of both subsistence and market-oriented production, as well coordination and cooperation in labor and investment processes, access to means …

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 …

Diverse Legalities: Towards A Legal Theory For A Postcapitalist Political Economy, Amy J. Cohen, Stephen Healy

Law and Contemporary Problems

Law and political economy (LPE) scholars have revived a longstanding debate over the relationship among law, capitalism, and postcapitalist possibility. Is law a creature of capitalism, destined to reproduce its dynamics of exploitation and dominance? Or are there moments of indeterminacy in law that function specifically as openings to a postcapitalist elsewhere?

We enter this debate by posing a different question. Following feminist Marxist economic geographers J.K. Gibson-Graham, we ask what questions arise for LPE scholars if we begin instead with the presumption "that postcapitalist worlds are already here but have been cast into shadow by a singular economic framing …

The Key To Acquiring The Language Of Law, Science, And Technology In The Esl College Classroom, Patricia George-Hunter

Journal of English Learner Education

Since vocabulary plays a significant role in second language acquisition, expansive vocabulary targets should be set and pursued. This paper explores the results of introducing affixes to develop vocabulary and increase motivation for beginner to intermediate-level English language learners (ELLs) pursuing academic disciplines in law, science, and technology at a New York City community college. Participants included 23 ELLs with diverse linguistic, educational, and sociocultural backgrounds enrolled in an online synchronous Integrative Language Seminar (ILS) designed to develop all areas of English language proficiency. Pre‑, post‑, delayed tests, questionnaires, and post‑intervention interviews were conducted and analyzed to establish the language …

A Core Proposal For Budget Caring - Will The E.U. Adopt A Progressive Corporate Tax?, Domenico Imparato, Reuven S. Avi-Yonah

Articles

On 16 July 2025, the European Commission unveiled its proposed EU budget for the 2028–2034 period, representing a nearly EUR two trillion fiscal commitment for the bloc’s taxpayers – both individual and corporate. As leaked by some media outlets in the days leading up to the official announcement, the EU budget would introduce a new mechanism known as the ‘Corporate Resource for Europe’ (CORE). In the Commission’s proposal, CORE is described as a ‘financial contribution’ from the corporate sector, intended to become part of the European Union’s system of own resources. In practical terms, however, it would function as a …

State-Specific Secondary Sources, Joshua Levine

Library Staff Online Writings

As legal research instructors, we regularly teach students that it’s a good idea to start their research with secondary sources. If the research issue falls under the law of a specific state, it’s especially helpful to consult a secondary source that discusses that law of that state. However, you might not find relevant state-specific secondary sources – they simply might not be available – and that poses a special set of challenges.

The Life Of A Copyright, Annabel Haddock

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On August 23rd, 2021, stand-up comedian Caroline Timoney posted a TikTok video where she stated, “I fear I may have girl bossed a little too close to the sun.” The video went viral and, to this day, it is her most viewed post on the platform, with upwards of seven and a half million views as of October 13, 2025, and over twenty-four thousand videos reposted using her audio. Taylor Swift’s twelfth and most recent album, The Life of a Showgirl, was released on October 3rd, 2025, and includes a song titled “CANCELLED!” featuring the lyric “Did you girlboss …

Ndls Communicator: Week Of 10.27.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School names 2025-26 Murphy Fellows
• Notre Dame Law School names inaugural Kopko Family Law Fellows
• J.S.D. candidates Nicolás Buitrago-Rey and Juan Carlos Gazmuri conduct research on democracy and human rights at the Max Planck Institute

Faculty Briefs

• Marcus Cole
• Nicole Garnett
• Fr. Pat Reidy
• Mary Ellen O'Connell
• Sherif Girgis
• Haley Proctor
• Rick Garnett
• Kimberly Orr
• Emily Bremer
• Paolo Carozza
• Diane Desierto
• Susan Azyndar
• Lloyd Mayer
• Derek Muller
• Jimmy Gurule
• Mark Hill KC

Events

• Law and Economic Seminar
• Job Talk
• Staff Town Hall
• President's Faculty Address
• Law School Trick-or-Treat
• Halloween
• Provost Open Office Hours

Around …

Season 2 Episode 7: Money Changes People, Sara Gras

Season 02

The question of how legal sports betting has changed, and will continue to change, the culture of sports is a complicated one. The wide array of platforms and products certainly increases opportunity and decreases risk for bad actors to influence athletes or impermissibly utilize inside information. On the other hand, technology advances and data sharing have made anomalies easier to detect. And while wagers may increase emotional investment that benefits the bottom line, that emotion often spills over onto athletes in undesirable ways.

Features excerpts of interviews with:

Matt Holt, CEO (former)
IC360

Bob Boland, Assistant Professor of Law …

International Conference On Law, University For Business And Technology (Ubt) In Kosovo

UBT International Conference

UBT Annual International Conference is the 14th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make them be aware of the recent …

Employment And The Impact Of Nepotism In Human Resources, Arsim Gjinovci, Dren Gjinovci

UBT International Conference

The two interconnected problems of nepotism and corruption damage economic growth and public institutions while breaking down the rule of law. Nepotism manifests when organizations give employment opportunities to family members and personal acquaintances instead of selecting candidates based on their professional qualifications. Nepotism and corruption together create an environment of unfair competition that damages public trust between citizens and investors which threatens democratic governance. The research investigates which elements support nepotism and corruption while studying their effects on organizations and economic performance of the nation. The research investigates how these phenomena directly influence personnel selection and career progression throughout …

Enumerating Environmental Exemptions In Section 501(C)(3), Samuel D. Brunson

Pace Environmental Law Review

Tens of thousands environmental charities operate with the United States. These charities operate to “preserve, protect, and improve the environment.” Roughly half of the revenue of environmental charities is sourced directly from the public. These public donations depend, at least in part, on the organizations’ tax-exempt status, which allows donors to deduct their donations for tax purposes. Because donors take into account the after-tax cost of their donations, an environmental charity’s tax exemption encourages donors to donate more than they would if the charity lacked a tax exemption. However, an environmental organization’s tax-exempt status is tenuous and contingent on agency …

Rewriting The Monopoly Playbook: Implications Of U.S. V. Google For Antitrust Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

A Shield For Whom? The Disastrous Hidden Toll Of Section 230 On Children, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.

Death & Taxes: Preserving The Second Amendment From "Absolute Obliteration" With Congress' Powers Of Taxation?, Christian Ketter

University of Cincinnati Law Review

No abstract provided.

14th International Conference On Business, Technology And Innovation 2025, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2025

UBT Annual International Conference is the 14th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

Brief Of Amicus Curiae Lindsay And Matt Moroun Religious Liberty Clinic In Support Of Plaintiff-Appellant, John A. Meiser, Meredith Holland Kessler

Court Briefs

No. 25-5641
Roderick E. Theis, II v. InterMountain Education Service District Board of Directors

On Appeal from the United States District Court for the District of Oregon
No. 2:25-cv-00865-HL

From the Introduction

The First Amendment promises religious believers, of all faiths, the right “to participate on equal terms” in public life. Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819, 852–53 (1995) (Thomas, J., concurring). The Supreme Court has repeatedly rejected the idea that individuals sacrifice those rights by accepting government employment. See, e.g., Pickering v. Bd. of Educ. of Twp. High Sch. Dist. 205, …

The Second Amendment's Catholic Problem, Jared Danaher

Duke Law Journal

After New York State Rifle & Pistol Association v. Bruen, history is the touchstone of Second Amendment analysis. Thus, this Note explores an understudied part of America's long and complicated history with weapons: Catholic disarmament. By undertaking a detailed historical analysis of three Catholic disarmament measures in the late colonial United States, this Note attempts to determine what the history means for present day firearms law. It concludes that even though courts frequently cite America’s history of Catholic disarmament, they rarely use it in a historically accurate way. Modern courts use Catholic disarmament to justify weapons bans on people …

Unflexed Muscle: Sec Enforcement And Officer Sox Section 302 Certifications, Marc I. Steinberg, A.B. Steinberg

University of Miami Law Review

This Article represents the first work to analyze the Securities and Exchange Commission’s (SEC) neglect in its enforcement of the chief executive officer (CEO) and chief financial officer (CFO) Sarbanes-Oxley certification requirement. The Article addresses the appropriate construction of the statute’s reach, the enforcement proceedings instituted by the SEC under this provision, and the Commission’s failure to fulfill its legislative directive to adequately enforce this statute and Rule 13a-14 promulgated thereunder. In its implementation of the CEO and CFO certification requirement, the SEC has brought relatively few enforcement actions during over a two-decade period. Its enforcement with respect to CEOs …

Authoritarian Transfers, Günter Frankenberg, Fernanda G. Nicola

University of Miami Law Review

The rapid proliferation of foreign agent laws globally has become a hallmark of rising authoritarianism, with these laws weaponized to suppress dissent and stifle civil society. While the post-World War II study of legal transplants focused on liberal legal orders, the rise of authoritarian regimes has introduced a new dimension: the transnational movement and adaptation of authoritarian legal frameworks, or authoritarian transfers. This Article fills a critical gap by developing an analytical framework to distinguish authoritarian transfers from democratic ones, using transfer theory, a central theme in comparative law that explores how laws travel, adapt, and transform within new social …

Brewbaker And The Undermining Of Criminal Antitrust Enforcement, Itiel J. Wainer

University of Miami Law Review

In United States v. Brewbaker, a Fourth Circuit panel overturned a criminal conviction under § 1 of the Sherman Act, holding that a bid-rigging conspiracy between direct competitors constituted a hybrid “dual distribution” arrangement subject to the rule of reason rather than per se illegality. The court’s rationale rested on the existence of a separate vertical relationship between the parties, even though that relationship served only as consideration for the horizontal agreement to rig bids.

This Comment argues that Brewbaker rests on three doctrinal errors: misclassifying established bid-rigging tactics as a “new” restraint simply because the payoff took a …

Personal Jurisdiction And The Declaration Of Independence, Ryan C. Williams

Duke Law Journal

The Declaration of Independence accuses King George III of having "obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers." But despite the seemingly natural resonance of this particular charge with the legal profession, legal scholars have given remarkably little attention to the controversy that provoked this particular complaint. This Article traces the colonists' complaint to a somewhat surprising and unexpected source—a dispute about personal jurisdiction.

During the late eighteenth century, administrative officials responsible for overseeing Britain's North American possessions sought to eliminate the use of the custom of foreign attachment by colonial court systems. …

Responsible Ai: Applications And Ethical Considerations, Emuesiri Oduaran, Skye Ese Oduaran

Communications of the IIMA

As artificial intelligence (AI) rapidly transforms industries and societies, its applications present both immense opportunities and significant ethical challenges. This paper explores the concept of Responsible AI, emphasizing the importance of integrating ethical considerations into AI development and deployment. It examines a range of AI applications, from healthcare and finance to autonomous systems, highlighting their potential to drive innovation while also raising concerns about bias, privacy, accountability, and job displacement. The paper evaluates the ethical principles that should guide AI design, including transparency, fairness, privacy protection, and human oversight. Furthermore, it critically analyzes the current landscape of AI governance, identifying …

Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.