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Political, Legal & Ethical Implications Of The United Nations Resolution 1441 & Its Resulting Iraq War, Anika Elyse Segall

Honors Projects

This paper analyzes the political, legal, & ethical implications of the United Nations Resolution 1441 & its resulting Iraq War. The central question of this paper is answered in these sections: 1. Politics: Is it politically convincing (whom did it convince and not convince) to invade Iraq?  2. Law: Is it legally convincing (which body of law) to invade Iraq? 3. Political Ethics: How has this informed how the US has conducted foreign policy and war-making in the Middle East since 2003?

What's The Point Of Reparation?, Daniel Fryer

Tulsa Law Review

No abstract provided.

Colonial To Neoliberal Governmentality In Monument Governance: Shifting Positionalities Of The Monument Adjacent Communities In India, Ujal Kumar Mookherjee, Shreyasi Bhattacharya

Socio-Legal Review

Organised monument governance in India began during the colonial rule. The colonial governance enterprise was bureaucratic and worked through stringent laws which often came down heavily on the monument-adjacent communities. The totalising nature of Indian colonial governmentality fractured the local community, disabling their engagement with the State either as civil society, as individuals or as social groups, while on the other hand enabling such engagement through a “community” constructed on religious lines. Colonial continuities in monument governance meant that a roughly similar position continued in the post-colony. On the international plane, however, there has been a discursive shift in valorisation …

Phasing Out A Way Of Life: How Decarbonization Affects Coal Dependent Communities, Alex Loeb

Duke Environmental Law & Policy Forum

As member states seek to comply with European Union industry rationalization directives that will force mines that cannot compete with free-market prices without subsidies to close, domestic governments across Europe will face competing pressure from civil society. Many traditional European mining communities are dependent on the coal industry and will resist the phase out of its position in the European energy mix. In Asturias, Spain, the phase out of non-competitive coal mines has had devastating impacts on former mining towns, as they struggle to transition to a coal-free economy. After phasing out coal, Asturias has struggled with unemployment and significant …

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 …

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.

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 …

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 …

Letter From The Editor, Kahlib Fischer

Journal of Law and Government

No abstract provided.

The Dangers Of Unregulated Artificial Intelligence: Should The United States Adopt International Ai Regulations?, Katrina P. Perea

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 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 …

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.

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.

The Degradation Of Prices: Platform Power, The Erosion Of Price Comparison, And Rebuilding Comparison Shopping In The Digital Economy, Stephanie T. Nguyen, Shaoul Sussman

Seton Hall 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.

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 …

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 …

The Specter Of Future Blight: State Approaches To Speculative Takings, Julianna G. Bass

University of Chicago Law Review

This Comment creates the first comprehensive taxonomy of state eminent domain regimes’ treatment of private-to-private takings for the purpose of preventing future blight. Following the Supreme Court’s expansion of the Public Use Clause in Kelo v. City of New London, many states moved to limit takings justified solely by economic development yet maintained broad blight statutes that continued to authorize the condemnation of property to eliminate or prevent blight. This Comment exposes the indeterminate contours of the future-blight takings landscape and ultimately urges state legislatures and courts seeking to cabin sweeping public use determinations to find the prevention of future …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Accessibility In The Edtech Era: The Growth In Implementation Oflearning Technologies And Thestudents Who Are Left Behind, Madeleine Braksick

Vanderbilt Journal of Entertainment & Technology Law

Educational Technology (EdTech) has gained popularity in recent years, enabling distance learning and connectedness across school districts, and among students, teachers, and families alike. However, vague or nonexistent standards for regulating these technologies have led to students with rights to special education services not having those services upheld to the same standard as traditional educational mechanisms. While the Individuals with Disabilities Education Act (IDEA) has been modified over time to form heightened standards for making education appropriate for all students, it has consistently fallen short in its regulation of both assistive and educational technologies. This Note explores the consequences of …

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 …

Cross-Enforcing The Plain Smell Doctrine, Alexa Perez

Washington Law Review

In a state that has legalized marijuana, does a state officer have probable cause to conduct a warrantless search of a vehicle based on the smell of marijuana alone, because marijuana is still prohibited under federal law? This Article is the first to consider that unsettled question. Over the last ten years, almost every state has altered the legality of marijuana in some way, either through decriminalization or legalization. Yet the possession, use, and cultivation of marijuana continue to be illegal at the federal level. Prior to these reforms, state courts generally upheld warrantless searches of vehicles based on nothing …

Presidential Noncompliance And Judicial Response: A Two-Branch Dialectic, Seth Waxman

Washington Law Review

No abstract provided.