Digital Commons Network^™

What's The Point Of Reparation?, Daniel Fryer

Tulsa Law Review

No abstract provided.

This Is Not Who We Are: Punishment Is Justified As Disavowal, Mark Pickering

Tulsa Law Review

No abstract provided.

Les Conventions Réglementées Carences Et Solutions : Le Droit Libanais À L'Heure Française, Saba K. Zreik

Proche-Orient, Études juridiques

No abstract provided.

Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith

Journal of Feminist Scholarship

In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …

The Alaska Wolf War: Action On The Prince Of Wales Island Complex, Edward A. Fitzgerald

Alaska Law Review

This Article examines Alaska's management of the Alexander Archipelago wolf on the Prince of Wales Island Complex, pursuant to constitutional and statutory requirements. It begins by reviewing the history of unsuccessful efforts to declare the wolf a threatened or endangered species under the Endangered Species Act. It then analyzes Bennett v. State, which focused on the changed management regime and devastating wolf harvest of the 2019–20 season. The Article argues that the district and Alaska Supreme Court's decisions in the case were flawed because they failed to properly implement the "hard look" doctrine.

Note From The Editor

Alaska Law Review

No abstract provided.

A Trainwreck In The Making: The Alaska Railroad Right-Of-Way, John W. Pletcher, Mia E. Manney

Alaska Law Review

This Article argues that the Ninth Circuit erred in Alaska Railroad Corp. v. Flying Crown Subdivision Additions Nos. 1 & 2 Property Owners Ass'n by recognizing an exclusive use easement that permits the Alaska Railroad Corporation to unilaterally exclude private property owners from non-interfering uses of the right-of-way. Drawing on common law easement principles reaffirmed in Marvin M. Brandt Revocable Trust v. United States, the Article demonstrates that exclusivity must be conferred through specific language in a creating instrument and cannot be implied from federal railroad legislation. The Article calls for legislative reform and remedial judicial interpretation to curtail …

Protecting Bearded Seals In Alaska: The Esa, Critical Habitat Designations, And Climate Change, Caitlyn Leary

Alaska Law Review

Rapid climate change in the Arctic has accelerated the loss of sea ice, threatening the survival of one of Alaska's most vital species: the bearded seal. In 2012, the National Marine Fisheries Service (NMFS) listed the bearded seal as "threatened" under the Endangered Species Act (ESA). Ten years later, the agency designated approximately 174 million acres of occupied critical habitat for the seals on the northern coast of Alaska, along the Bering, Chukchi, and Beaufort Seas. NMFS reasoned that a large designation was necessary to account for the dynamic and seasonal nature of sea ice. In 2024, however, the U.S. …

Carbon Cash Back: A Green Ubi For A Decarbonized Future, Lily Skopp

Alaska Law Review

This Note supports a framework for climate governance that transforms carbon tax revenues into equal per‑capita cash distributions for all United States residents: a green universal basic income (UBI). It examines how the institutional structure of the Alaska Permanent Fund Dividend (PFD) can guide the design of a federal resource‑based dividend. By combining economic analyses of efficiency and distribution with legal scholarship on political salience and administrative design, the Note uses Alaska's PFD as an empirical case study to connect two often separate literatures. The Note introduces the PFD's key features—universality, independent fund management, and a narrative of collective resource …

Abundance And The Supreme Court, Nicholas Bagley

Articles

Scarcity mars much of American life. Housing prices in our most productive cities are out of control. The nation’s transportation infrastructure is aging and obsolete because it costs so much more to build here than in other developed countries. Meanwhile, China generates nearly three times as much solar energy as the United States, with the gap growing every year.

Why does the richest nation in the history of the world struggle so mightily to get stuff done? That’s the question that propels Ezra Klein and Derek Thompson’s 2025 bestseller Abundance, which galvanized what may be the hottest and most controversial …

Can Technology Augment Order Writing Capacity At Regulators?, Natasha Aggarwal, Amrutha Desikan, Bhavin Patel, Satyavrat Bondre, Dipyaman Sanyal

Indian Journal of Law and Technology

This article critically examines the opportunities and challenges of using technology, in particular Large Language Models (‘LLMs’), to assist regulatory order writing in quasi-judicial settings in India. It proposes augmenting rather than replacing human decision-makers, aiming to improve regulatory order writing practice through responsible use of LLMs. This article identifies the core principles of administrative law that must be upheld in these settings and analyses how inherent limitations of LLMs may undermine these principles. The article reviews international frameworks and case studies from various jurisdictions, highlighting common design principles. It proposes a comprehensive Problem-Solution-Evaluation ('PSE') framework for responsibly integrating LLMs …

Blurred Lines: Did Booker Change Federal Sentencing Outcomes?, Hugh M. Mundy

Pace Law Review

This article considers whether United States v. Booker, the 2005 Supreme Court decision that replaced the then-mandatory federal sentencing guidelines system with an advisory scheme, had any enduring impact on sentencing outcomes. Commemorating Booker’s recent twentieth anniversary requires a balancing act: at once, recognizing the decision’s watershed impact while avoiding claims of lasting change where little exists. The criminal defense community hailed the ruling as a kind of liberation from the guidelines’ dispassionate rigidity. Today, while most lawyers and defendants would still prefer the current system, a legitimate question exists about Booker’s actual effect on federal sentencing. I propose that …

The War For American Independence Was Biblical And Just*, Mark David Hall

Journal of Law and Government

In his essay, Mark David Hall presents an overview of Christian scholarship on the question of whether the War for American Independence is biblical and just. He then considers Romans 13 and shows that Protestants, especially Calvinists, came to interpret these verses to permit active resistance to tyrannical rulers. Finally, he discusses the conflict in light of the just war tradition and contends that the patriots had excellent reasons to believe their active resistance was biblical and just.

Was The American Revolution Biblical And/Or Just?, Gregg L. Frazer

Journal of Law and Government

The questions of whether the American Revolution was biblical and whether it was just may be necessarily intertwined. If it was biblical, then it was just. If it was unbiblical, it was necessarily unjust. If it was merely non-biblical, that is, if the Bible does not speak to the question, then it could be either just or unjust by some human standard. For the purposes of this paper, the question of whether it was just by a merely human standard will be addressed independently of, and in addition to, the infinitely more important question of whether it is biblical. We …

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 …

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.

Paying For Care Behind Bars: Why The Federal Bureau Of Prisons Should Eliminate Copayments, Fern Holt

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 …

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.

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

American Indian Law Journal

No abstract provided.

The Power Of Secondary Patents: Measuring The Effect Of Key Secondary Patent Types On Granted Protection Period And Generic Entry Time, Robin Feldman, Ramy Alsaffar, Tanziuzzaman Sakib, Gideon Schor, Vaughn Goehrig, Beatrice Goddu

Seton Hall Law Review

No abstract provided.

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

Seton Hall Law Review

No abstract provided.

Time Lapse: Deducting Claims And Expenses Under Section 2053, Grayson M.P. Mccouch

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 …

After Advisory Votes: Exploring Alternatives For Voter Engagement In Washington Tax Policy, Emma Morse

Washington Law Review

In 2023, the Washington State legislature repealed the state’s advisory vote system, which allowed taxpayers to express their opinions on enacted tax measures. This system was the first of its kind in the United States, a novel concept that no other state had implemented. Although the advisory votes were non-binding, they provided a platform for public input on tax policy decisions. The repeal of this system raises important questions about voter participation in tax policy, particularly in a state already known for its regressive tax structure. This presents an opportunity to consider whether Washington voters should have input on tax …

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 …