Digital Commons Network^™

You Must Be This Tall To Scroll: California's Questionable Approach To Parenting By Policy, Caroline M. Cuddy

Pace Law Review

This note examines California's Protecting Our Kids from Social Media Addiction Act (SB 976), signed into law in September 2024, which prohibits personalized algorithmic feeds on minors' accounts without pa- rental consent and restricts platform notifications during school hours and nighttime. Drawing on the Supreme Court's decision in Brown v. Entertainment Merchants Association and related federal litigation, this note argues that SB 976 is unconstitutional under the First Amendment. Specifically, SB 976 is underinclusive because it fails to meaning- fully reduce minors' screen time, exempts comparable addictive plat- forms, and permits the very algorithmic feeds it deems harmful upon parental …

Bridging Covenant And Efficiency: A Mixed-Methods Exploration Of Faith-Based Environmental Nonprofits Under New Public Management Reform, Jacob Berry

Journal of Law and Government

This paper explores covenantal environmental administration as a significant framework for contemporary public governance within faith-based environmental nonprofits (FENs). As New Public Management (NPM) reforms increasingly shape nonprofit administration through efficiency and performance metrics, covenantal governance emerges as an alternative rooted in mutual obligation, ethical leadership, and spiritual stewardship, concepts deeply embedded in Judeo-Christian traditions exemplified by loving fulfillment. Contrary to perceptions of incompatibility between ethical-spiritual values and data-driven accountability, this study argues that integrating covenantalism with New Public Management practices can enhance organizational performance, stakeholder trust, and ecological outcomes. Employing theoretical analysis and empirical tools (notably the Covenantal Empowerment …

Introducing The Covenantal-Noncentralization Index (Cni) For Assessing Localism, Social Capital, Community Challenges And Community Health, Kahlib Fischer, Edwin Christmann, Melissa Stewart, Todd Robatin, Zachary Federico, John Kebles, Lucy Lambert, Alex Mishra

Journal of Law and Government

Numerous indices measuring social capital and community challenges at the local level exist, but none attempt to offer a measure of community health as an independent variable in comparison to community challenges as a dependent variable. Therefore, we propose the Covenantal-Noncentralization Index (CNI) in an effort to provide a more nuanced understanding of social capital at the local level as well as to differentiate between an independent variable index consisting of family stability, religious adherence, non-profit activity, and charitable giving and dependent variables representing various community challenges: violent crime, childhood poverty, STD rate, high school diploma completion, GDP, and unemployment. …

Defending The West By Reclaiming The Past, Steven Alan Samson

Journal of Law and Government

The Western world was originally shaped by the fine arts and philosophy of Greece, the architecture and law of Rome, and the faith, morality, and prophetic traditions of Judaism and Christianity. As the West loses the religious bond that generated its culture, careful attention should be given to reclaiming and rebuilding this moral and spiritual infrastructure.

Generating Solutions To Generative Ai, Joseph M. Marrero

Widener Commonwealth Law Review

No abstract provided.

Covid-19 Student Litigation & The Risk To Higher Education, Kiera R. Flannery

Widener Commonwealth Law Review

No abstract provided.

The Impact Of Artificial Intelligence On Strengthening Democracy, Lect. Dr. Majid Hamed Faraj, Lect. Dr. Mahmood Noori Matlab

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

The research aims to examine the impact of artificial intelligence on promoting democracy and the associated challenges. Using an analytical approach, the findings suggest that AI can improve the accuracy and objectivity of information, contribute to strengthening the rule of law and public opinion analysis, and play a role in the legitimacy of elections by ensuring their integrity. However, the findings indicate that overreliance on technology may weaken direct interaction between government and citizens and negatively impact individual rights. There are also risks related to the collection of voters’ personal data and the unethical exploitation of AI. The study suggests …

Are The Big Ten And Sec Monopoly Pros? Publicity Rights Organizations And New Nil Antitrust Questions, Michael H. Leroy

Seton Hall Law Review

No abstract provided.

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …

Savoring Food Safety: California Stirs The Pot For Safer Food Additive Standards While The Fda's Recipe Loses Its Flavor, Paige Rufolo

Seton Hall Law Review

No abstract provided.

Bright Future For Campaign Finance Reform? Reexamining Independent Expenditures After Loper Bright, Nicholas E. Webb

Seton Hall Law Review

No abstract provided.

Table Of Contents

American Indian Law Journal

No abstract provided.

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

The Meaning Of Ai And Its Implications For Antitrust Law, Giovanna Massarotto

Seton Hall Law Review

No abstract provided.

Front Matter

ACTEC Law Journal

No abstract provided.

Intellectual Humility By Design: How Courts Earn Legitimacy And Improve Decisions, Steve Leben

Faculty Works

Courts decide disputes as one branch of our government. Their authority depends not only on getting the outcome right but also on public acceptance of their authority. In a time when confidence in institutions is under pressure, courts cannot assume that legitimacy will take care of itself. They must earn it—case by case—through both the substance of what they decide and the way they exercise authority in public view.

A large body of procedural-justice research explains one side of that equation. People are more willing to accept court decisions, even unfavorable ones, when the process communicates voice, neutrality, respect, and …

Real Promise For False Claims: A Whistleblower Litigation Strategy To Reward Investigative Journalism, Frank D. Lomonte

Washington Law Review

Every year, investigative reporters uncover stories of waste, fraud, and corruption, alerting the government to taxpayer ripoffs that had previously gone undiscovered or ignored. For decades, non-journalists have been reaping windfall rewards—sometimes in the millions—by using false-claims statutes to bring whistleblower actions on the government’s behalf. With news organizations struggling for their economic survival, and efforts to secure alternative financial support through government bailouts faltering, is it time for journalists to seek a share of the money they recoup for taxpayers by becoming plaintiffs?

This Article explores the possibilities, and downside risks, of using the federal False Claims Act, and …

Stafford Act's Requirement To Consider Climate Change In State Hazard Mitigation Plans, Olivia N. Guarna

Sabin Center for Climate Change Law

Climate change is fueling an unprecedented number of extreme weather and climate disasters with dire costs on human life and property. States and local governments now face a responsibility to adapt to these increasing disaster risks to improve community resilience and avoid an ever-growing magnitude of loss. Congress passed the Stafford Act in 1988 to provide a means for sustained and coordinated federal aid in response to disasters. The Stafford Act includes a comprehensive non-emergency hazard mitigation program. Hazard mitigation assistance empowers states, tribes, and local governments to engage in planning and mitigation activities that improve disaster outcomes and minimize …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How Deals Die, Da Lin, Morgan Ricks

University of Chicago Law Review

The risk of deal breakage is central to merger and acquisition (M&A) dealmaking. Yet neither the finance nor corporate law literatures have systematically explored how and why deals fall apart. We rectify this deficiency, making three principal contributions.

First, we develop a comprehensive typology of eight M&A outcomes:
completed-as-announced deals and seven types of deal breakage. This precise mapping provides both positive and normative payoffs. Apart from revealing the multifaceted ways in which announced deals can be disrupted, we detail the starkly differing implications for the merging parties associated with each outcome type and thus illuminate why incorporating outcome heterogeneity …

"Health" In Hems Means Complete Well-Being, Claudia E. Tordini, Richard S. Franklin

ACTEC Law Journal

This article focuses on the definition of “health” as used in the ascertainable standard exception of Internal Revenue Code § 2041(b)(1)(A), most frequently articulated in trusts as “health, education, maintenance and support” (HEMS). It is clear that a discretionary power to distribute for one’s own health is permitted without causing a taxable general power of appointment, but there is a dearth of authority indicating the meaning of health for this purpose. This article provides the research and foundation for understanding that health as used in HEMS is a state of complete physical, mental, and social well-being, and not merely the …

Disability And Constitutional Legitimacy, Katherine A. Macfarlane

Washington Law Review

Disability classifications can take one of two forms. The more familiar form targets people with disabilities on account of their disability and harms them. This type of government classification receives deferential rational basis review and is therefore difficult to challenge. But government action that benefits people with disabilities also classifies on the basis of disability and receives rational basis review. This Article focuses on classifications that provide preferential treatment to disabled people precisely because of their disability—through disability affirmative action programs—and argues that their legitimacy is bolstered, not weakened, by the rational basis standard. It does so by distinguishing the …