Digital Commons Network^™

High-Tech Industries' Global Resource Utilization And Transaction Cost Economics, Bei Johnson

Akron Law Review

No abstract provided.

Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park

Akron Law Review

No abstract provided.

What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen

Akron Law Review

This article reports on the background, method, findings, and implications of a national survey of parent-side attorneys, mediators, and school-side attorneys who all have extensive experience in the settlement of special education disputes. The focus is on identifying the major factors that influence whether these disputes are settled in the context of due process hearings.

Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson .

Journal of the North American Management Society

From 2014 to the present, police shootings with the use of deadly force among communities of color have become a matter of heightened national concern. This study draws on an extensive literature review gathered from open sources, academic journal articles in law enforcement, criminal justice and government documents as well as on key definitional foundations to explore the impact of cultural competence training activities for police officers. Through a case study of primary research, insights are offered from an adult education community-based multicultural immersion program. The authors of this paper argue for the integration of community-based multicultural immersion learning approaches …

There's Not Enough Cement And Too Much Air In That Concrete: Addressing The Weakness Of The Supreme Court's Concrete Injury Analysis, Sidney Balaban

St. John's Law Review

(Excerpt)

“Zombie” debt collectors—third-party entities who purchase from creditors and attempt to collect on debts that have passed the statute of limitations periods—have become a particular nuisance and source of distress to the unsuspecting consumer. A serious problem arises in some states, such as Illinois, which allow for the limitations period to restart if the debtor began making payments again or promised to make payments, giving nefarious debt collectors the chance to trick consumers into renewed legal liability—a true zombification. Fortunately, in 1978, Congress passed the Fair Debt Collection Practices Act (“FDCPA” or “the Act”) to “eliminate abusive debt collection …

Modern Challenges To Mandatory Immigration Detention: Building Constitutional Walls Around Statutory Expansions, Timothy Zurcher

St. John's Law Review

(Excerpt)

Pierre Michel arrived in the United States from Haiti at three years old as a Lawful Permanent Resident (“LPR”). After developing substance abuse issues in his adolescence, Michel received several nonviolent criminal convictions and was detained in contemplation of his deportation. Nearly two years later, Michel was finally released after successfully petitioning for Cancellation of Removal. Michel had no opportunity to obtain his freedom sooner, despite his clear eligibility for relief. Like Michel, in 2003, student Sylvester Owino pled guilty to second-degree robbery without understanding the immigration consequences of his conviction. After serving over two years in prison, Owino …

Wake Up: How Application Of Garcetti To Public Educator Speech Harms Educators And Students Through The Lens Of Florida's Individual Freedom Act, Lindsay Mccarthy

St. John's Law Review

(Excerpt)

Nearly twenty of the nation’s states have enacted some kind of law that limits the teaching of controversial topics like race, gender, and politics. Within the last three years, these laws have become more commonplace as social movements like Black Lives Matter and #MeToo have brought topics like systemic racism and gender inequality to the nation’s attention. As the country becomes more polarized, state legislatures—typically conservative ones—have resorted to these censorship laws to fight back against the perceived indoctrination of children. The state that has gained the most notoriety for such laws is Florida. In 2022, Florida passed a …

The Collection Problem: How The Circuit Split On Pleading Standards In Securities Fraud Claims Undermines Federal Regulatory Goals, Lucas Immer

St. John's Law Review

(Excerpt)

The Great Depression is generally recognized as the greatest economic calamity in United States history. One of the Great Depression’s many causes was reckless financial speculation driven in part by financial fraud. In response to the crisis, Congress passed the 1934 Securities Exchange Act (“the Exchange Act”), which courts have long held creates a private right of action for plaintiffs who experience an economic loss due to reliance on a material misstatement surrounding the purchase or sale of a security. A prima facie claim for securities fraud under the Exchange Act requires a showing of scienter, defined as “a …

Stare Decisis And The 1l Classroom: Can Legal Reasoning Be Taught Without Judicial Respect For Precedent?, Mark C. Niles

St. John's Law Review

(Excerpt)

I began my career as a law professor in 1998 and, in every year but one, since then I have taught at least one first-year required law school course. I have taught Civil Procedure each of these years and some version of a required Constitutional Law course in about half of them. I want to say just a little bit about stare decisis and its importance in our legal system from the perspective of a law professor teaching first-year students.

I have found that although teaching Civil Procedure involves a focus on a range of substantive issues including judicial …

Stare Decisis And Zombie Laws, Alicia Bannon

St. John's Law Review

(Excerpt)

In recent years, the Supreme Court has shown little interest in stare decisis—the principle that courts should honor precedent—as an animating value in constitutional interpretation. This has put many fundamental rights in a vulnerable posture. This Essay focuses on one underappreciated dimension of the decline in respect for stare decisis as it relates to fundamental rights: the relationship between stare decisis and what I will call, and what others have called, “zombie laws.”

Zombie laws are laws that were rendered inoperative by courts but never rescinded; for example, an abortion ban that became unenforceable after Roe v. Wade. …

A Conversation About Stare Decisis, The Honorable Debra Ann Livingston, John Q. Barrett

St. John's Law Review

(Excerpt)

John Q. Barrett (“JQB”)

Chief Judge Debra Ann Livingston, welcome back to St. John’s.

The Chief Judge has been a friend to us for many years. It is an honor to host someone of her talent and someone in her position: the Chief Judge of the U.S. Court of Appeals for the Second Circuit.

We’re going to have a conversation for the first part of the program, about judging, her work, and stare decisis.

But first, we need to meet you and hear a little bit about your background—where you are from—and the path that took you to the …

How Closely Should We Compare?: A Statutory Analysis On State Comparability Standards Under The Clean Water Act, Brenna M. Skiles

Helms School of Government Undergraduate Law Review

This Note aims to evaluate the basis for general statutory interpretation to apply it to § 309(g) of the Clean Water Act. The United States Courts of Appeals have been divided on which standard for determining State law comparables under section 309(g) of the Clean Water Act is the most appropriate standard to use. So far, the First, Sixth, Eighth, Ninth, Tenth, and Eleventh Circuit Courts have set forth an opinion on the matter. Even though each the six courts have interpreted the statute, there is still no “universally” applied standard. The First, Sixth and Ninth Circuits have each come …

The Delegation Dilemma: Assessing How The Overturn Of Chevron Paves The Way For The Revitalization Of The Nondelegation Doctrine, Elizabeth Paige Sonnenschein

Helms School of Government Undergraduate Law Review

The nondelegation doctrine is derived from Article I of the United States Constitution, and it prohibits Congress from delegating its enumerated legislative powers to other branches or agencies of the government. However, the nondelegation doctrine has been limited over the last century, and it has not been enforced to the fullest extent in the Supreme Court since the 1935 ruling in A.L.A Schechter Poultry Corp. v. United States. As a result, Congress has been allowed the discretion to delegate quasilegislative powers to administrative agencies and the executive branch under the premise of the intelligible principle and various levels of …

Some Corrections To The Record On Lemkin’S Early Years: The Evidence From Poland, Zachary Mazur

Genocide Studies and Prevention: An International Journal

This piece addresses some misunderstandings regarding Raphael Lemkin's early years in Poland, his influences and the development of his ideas. While discussing some of the extent published information, I point out what other archival documents from Poland and the League of Nations have to say about Lemkin's past. One of the main points is that Lemkin was an unreliable narrator on his own life, and this has caused confusion.

Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok

International Review of Humanities Studies

This article is multidisciplinary study of cosmology, archaeology and astronomy of the Khmer stone temples in Sakon Nakhon. The study investigates of the temple’s architectural structure and environmental geography which related to the astronomical knowledge. The result of study found that the plan and structure of temples is influenced by the concept of Indian cosmology which has Mount Meru as the central axis. Buildings is signified as mountain or heaven with high and multi-layered base. The main building is symbolically important as the origin of power for the whole temple. The objects and positions are the transforming of cosmology concept …

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 …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

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 …

Advertising Appeals Through Instagram Caption Code Switching, Irma Aulia Irawan, Myrna Laksman-Huntley

International Review of Humanities Studies

The COVID-19 disease required everyone to go into lockdown. All activities and communications were carried out through mobile devices, driving online content consumption to double. The Instagram app, which is part of social media, increased its visits by 43 percent during the lockdown of the COVID-19 pandemic. As users turn to social media, influencers are emerging as figures in shaping online interactions and trends. One of the popular French influencers is Léna Mahfouf (@lenamahfouf). As a global fashion influencer, Mahfouf often uses English transitions in her captions. This qualitative research will identify the types of code-switching found with Poplack's theory …

The Pursuit Of Municipal Sovereignty: How The Ohio Legislature Is Attempting To Violate The Right To Local Self-Governance, Cole Sundermann

Cleveland State Law Review

This Note examines the Ohio Legislature’s recent efforts to undermine the constitutional right to local self-governance guaranteed by the Ohio’s home rule amendment within the Ohio Constitution. By focusing on Senate Bills 91, 137, and 158, it analyzes the legislative initiatives aimed at preempting municipal powers to implement participatory budgeting and ranked-choice voting systems. These bills exemplify a broader trend of the Legislature’s attempt at eroding municipal autonomy in Ohio, cutting against the principles of local sovereignty established by the 1912 Constitutional Convention. The Note argues that such preemption efforts violate the core right to self-governance as interpreted by the …

Comparing Solutions To Reduce Inaccuracies Within Eyewitness Testimonies, Dequentin Augustine, Dr. Chandra V. Thornton

Cleveland State Law Review

Comparing Solutions to Reduce Inaccuracies within Eyewitness Testimonies informs readers about how inconsistencies within eyewitness statements have led to wrongful convictions by examining factors and statistics that lead to highlighting inaccuracies within eyewitness testimonies. We identified three psychological methods that may be beneficial in reducing these inaccuracies: 1. double-blind lineup; 2. cognitive interview; and 3. expert testimony. After examining their strengths, weaknesses, and counterarguments, we agree that these three methods may be beneficial in reducing inaccuracies within eyewitness testimonies by establishing federal recommended guidelines to which states should adhere.