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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 …

Language Of Love: Kafka’S Affective Meaning In Briefe An Milena, Kafka Aisyah Triny, Julia Wulandari

International Review of Humanities Studies

Franz Kafka is known for his twisted literature filled with dark atmosphere and word choices, however when it comes to writing letters to his muse, Milena, he uses words unknown to him. He expresses his barest soul to her using word choices that indicate someone who is amazed. For a person like Kafka, love is not all about complementing word choices and emotions, seen by his internal battles with himself and uncertainty regarding the topic of love. This research will use Geoffrey Leech’s semantic framework along with Monica Schwarz and Jeannette Chur’s Wortfeld theory. The study aims to examine Kafka’s …

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.

For The Greater Good: Civil Commitment For Addiction Amid The Overdose Epidemic, Steven P. Meerschaert

Cleveland State Law Review

America is facing a reckoning born of its own duality. Our society is gradually embracing an increasingly permissive stance on recreational drug use, while at the same time we lament the human costs of addiction. What the media has dubbed the “opioid epidemic” has seen increases in drug addiction diagnoses and opioid-involved overdose deaths nearly every year since 1999. In a rush to designate guilty parties and to crown a “gold standard” for treatment options, we have focused on theoretically flawed approaches that fail to follow the science precisely. At the same time, we dismiss validated treatment modalities in their …

Responding To Police Perjury, David R. Katner

Cleveland State Law Review

The way in which defense lawyers phrase their challenges in criminal proceedings where police witnesses are thought to have committed perjury might place decisionmakers in the awkward position of unintentionally or intentionally coming to the aid of the witnesses who are unable to defend themselves during closing arguments. This article proposes a shift in the paradigm of how defense counsel characterize and handle testimony that seems untruthful, without having to engage in tactics that intend to be disrespectful to all police officers, let alone to the witnesses in the trial. Creating a continuum from absolute truthfulness to absolute untruthfulness and …

One Nation Under Guard, Everett T. Glynn

Master's Theses

The rise of segments of the labor force devoted to functions other than production has received increased scholarly attention, particularly pertaining to the robust deployment of the police and criminal justice apparat in the neoliberal era. Critical perspectives align the rise of the securitization of society with political and economic transitions that occur within the contexts of changes to social inequality and crackdowns on social movements beginning in the 1970s. In a theoretical construction of the emerging concept of guard labor, this thesis finds that robust societal deployments of a form of functional labor used to entrench social inequality has …

Online Child Sexual Grooming: Understanding The Origins And Problems Within The Criminal Justice System, Tara Kristich

Doctoral Dissertations and Projects

Grooming children for sexual abuse is complex and challenging to understand because it is constantly evolving due to technology. Prior to the eruption of social media and internet platforms, predators typically had to be in a position to gain access to children or be close to a family with children to sexually groom, abuse, and exploit children. Technology has enabled predators to have instant access to children through chat applications and various internet platforms globally. This qualitative study explored the current platforms that impact child sexual victimization, the impact on victims' mental health, and the laws pertaining to online child …

Rethinking Ohio Mandated Reporting For Child Neglect, Stephanie L. Ash

Et Cetera

This article briefly outlines the history and harm of family separation, reviews applicable federal and Ohio laws concerning child neglect and screening guidelines for investigation, and examines the social justice implications of rethinking mandated reporting requirements and implementing alternatives to protect children from systemic oppression and violence from the family policing system.

Studying Religious Symbols And Bias In Court Proceedings, Nicholas A.R. Fraser, Colton Fehr

Osgoode Hall Law Journal

MOCK JURY STUDIES INVESTIGATING the impact of religious symbols on jurors have produced conflicting findings, raising questions about how religious bias should be studied in judicial settings. Our study adds to the literature in three ways. First, we develop a clear theoretical framework which identifies dispositional and situational triggers allowing researchers to more precisely define and measure religiously motivated bias. Second, we show that mock jury experiments with video-based treatments simulating audio-visual cues are more likely to produce reliable findings relative to text-based studies. Third, we present the first empirical evidence of how mock jurors react to courtroom oaths. Our …

Varieties And Domains: A Syncretic Synthesis Of Law And Justice In India ( Including A Special Emphasis On Alternate Dispute Resolution), Amrith Bhargav B

Theses and Dissertations

From the abstract idea of Dharma that enabled the practice and sustenance of local custom and usage, law was defined without verbiage but in meanings and understandings. In the colonial age, law was constantly being defined and codified not just textually, but through projects of economies of politics, knowledge and power in a way that their transactional metrics produced social and cultural genres that changed India forever. In that state of play, lawyers and their associated players contributed to the emerging culture of power and dominance with their tool of making the law through cases and mainstreamed the colonial legal …

Digital Evidence As A Means Of Proof In Criminal Proceedings In The Uae, Dr.Khaled Ramadan Soltan

Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة

This paper addresses key issues related to the admissibility of digital evidence—a pivotal concern in modern legal proceedings. The use of such evidence is fraught with challenges, particularly due to the rapid technological changes and heightened concerns surrounding electronic data privacy. In the criminal justice system, these challenges can impact the admissibility of evidence, its presentation in trial, and the charging and resolution of cases.

This study examines the difficulties of admitting digital proof before the UAE judiciary. Considering the trend towards the digital world as an alternative to the tangible world, interest is increasing in the extent of the …

Role-Playing For Learning: Enhancing Skills In Doctrinal Courses, Yael Efron, Nellie Munin

DRI Press

This book addresses the need that educators have to make theoretical concepts tangible. Teachers across various subjects and educational settings grapple with the challenge of communicating abstract ideas to diverse audiences while aiming to ignite curiosity and sustain engagement. The authors offer their insight into the method of role-playing in various law courses in a highly diverse class. The book contains thirteen simulations with teaching notes, along with the theoretical background for this method of teaching.

This is the first in a series of skills books published as part of Mitchell Hamline School of Law’s Laboratory for Advancing Dispute Resolution …

A Cancer Education Needs Assessment: Informing Middle-Aged Female Patients About The Relationships Between Obesity And Women’S Health Concerns In The Reproductive System, Breast, And Endometrial Health, Batul Mirza

MUSC Theses and Dissertations

Obesity significantly impacts women’s health, particularly among middle-aged women, by increasing the risk of hormone-sensitive cancers such as breast, endometrial, and reproductive system cancers. This study examines the educational needs of this demographic group regarding obesity-related cancer risks and explores effective intervention strategies. Obesity-induced mechanisms – hormonal imbalances, chronic inflammation, and insulin resistance – drive cancer susceptibility, emphasizing the need for targeted health education. The study employs a qualitative design, which includes interviews with subject matter experts (SMEs) and surveys of middle-aged women. The goal is to assess awareness, perceived barriers, and preferred learning methods. Findings suggest that with many …

Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman

Pepperdine Dispute Resolution Law Journal

Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …

Being There: Perils Of Disembodied Mediation, Rob Mcniff

Pepperdine Dispute Resolution Law Journal

Following the growth of online mediation during the COVID-19 pandemic, practitioners and ADR scholars sought to delineate the virtues and shortcomings of the online process. Many report satisfaction with online mediation. Still, critics find the process devoid of emotional experience or otherwise “dehumanizing.” As ADR practitioners contrast online and face-to-face experiences, and recommend a forum to disputing parties, they should acknowledge that online platforms can never replicate physical encounters between embodied persons. This Article draws on the work of 20th century philosophers, psychologists, and sociologists to explore mediation as corporeal encounter between embodied subjects. Online mediation, by constraining the involvement …

Report Of The Special Rapporteur On The Implications For Human Rights Of The Environmentally Sound Management And Disposal Of Hazardous Substances And Wastes, Marcos Orellana - Military Activities And Toxics, Marcos Orellana

PEEL Faculty Scholarship

Implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

Note by the Secretary-General

The Secretary-General has the honour to transmit to the General Assembly the report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana, in accordance with Human Rights Council resolution 54/10.

For Every Right A Remedy: Providing A Private Right Of Action Under The Church Amendments, Brad Grisenti

BYU Law Review

In 1973, Congress responded to the U.S. Supreme Court’s Roe v. Wade decision by passing legislation known as the “Church Amendments.” The Church Amendments were designed to protect healthcare workers from being compelled by their employers to perform or participate in abortion or sterilization procedures that conflict with their moral and religious beliefs. However, the Church Amendments suffer from an enforcement problem, largely due to Congress’s failure to explicitly provide a private right of action in the text of the statute. And thus far, courts have consistently refrained from interpreting it as containing an implied private right of action. Without …

Redefining Child Pornography In An Age Of Technological Advancement: The Concept Of Avoidable Harm, Debra D. Burke, Christopher N. Doval

Washington Journal of Law, Technology & Arts

In 2020, Netflix released on its streaming service the movie Cuties, a coming-of-age story about an 11-year-old Senegalese immigrant who joined a dance group. The film is a commentary against the hyper-sexualization of children and the pressure young girls face from social media and society and received a director’s award at the Sundance Film Festival. Its release, however, kicked off a culture war, prompting a movement to cancel Netflix subscriptions in response to the film’s sexually provocative imagery of young girls. The movie’s award-winning director defended the film’s message, explaining that the film was her own story, struggling as a …

Religious Freedom As Freedom, Helen M. Alvaré

BYU Law Review

In recent decades, the exercise of religious freedom is increasingly associated with oppression. This is not only due to the disagreement between religions and some governments concerning sexual expression matters—contraception, abortion, same-sex relations, and transgender identity—but is also due to diverging convictions about the substance and sources of freedom. This Article will examine a current and highly visible set of convictions about the contents of human freedom, which together suggest that a thriving religious witness threatens freedom itself. These convictions often surface in the context of laws touching upon sexual expression. It will then contrast these convictions with those found …

The Social Psychology Of Religious Liberty Depolarization, Asma T. Uddin

BYU Law Review

This Article examines the U.S. Supreme Court's approach to cases involving religious liberty and LGBTQ+ rights through the lens of social psychology. As Americans increasingly sort into opposing “mega- identities” defined by political, racial, and religious traits, religious liberty has become a deeply polarized issue, with traditional Christians and LGBTQ+ advocates often positioned as adversaries in a zero-sum conflict. Against this backdrop, the Article argues that the Roberts Court has employed social psychological techniques—specifically “aporia” (acknowledging complexity) and “affirmation” (validating diverse viewpoints)—to de-escalate this cultural tension. By analyzing key decisions in Masterpiece Cakeshop v. Colorado Civil Rights Commission, Fulton v. …

Guidelines On Access To Justice And Effective Remedies In The Context Of Toxics, Marcos Orellana

PEEL Faculty Scholarship

Guidelines on access to justice and effective remedies in the context of toxics

Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana.

The Last Human Job: The Work Of Connecting In A Disconnected World By Allison J. Pugh, Princeton University Press, 2024, Karen Levy

Comparative Labor Law & Policy Journal

“I FEEL SO SEEN!” has become a Gen-Z catchphrase for the sense of personal validation when something you experience resonates with your own way of being in the world — say, when you learn that a lyric you’ve always misheard is also misunderstood by someone else, or that a guilty pleasure in which you indulge isn’t unique to you. These days, the phrase is often thrown around light-heartedly online in response to memes or TikTok videos. But the experience of really “being seen” is far from trivial; it’s a form of recognition essential to human functioning and community. Seeing another …

Why The Ai Act Fails To Understand Generative Ai, Claire Boine, David Rolnick

Minnesota Journal of Law, Science & Technology

No abstract provided.

Surpassing Bostock: Sec Filing Deficits Mask Prevalence Of Lgbtq+ Workplace Discrimination In Big Tech, Clovia Hamilton, Eric Sader, Benjamin Ale-Ebrahim

Minnesota Journal of Law, Science & Technology

No abstract provided.