Digital Commons Network^™

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

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.

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 …

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 …

Addressing The Stale Line Of Sports-Betting Behavior: Examining The Economic Shortfalls And Tax Solutions In Legalizing Sports Betting, Peyton Rameas

Vanderbilt Journal of Entertainment & Technology Law

Sports betting is a form of gambling that does not suffer from the same negative social stigma as casino gambling despite its equally addictive properties and damaging impact on household consumption. While sports betting was previously banned in most of the United States, following the Murphy v. National Collegiate Athletic Association decision, which empowered states to regulate sports betting within their borders, a wave of states that previously banned all forms of sports betting legalized the practice. Unsurprisingly, this rapid legalization of sports betting was accompanied by a flurry of statewide regulations, leading to disparate consumer protection across the states. …

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 …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

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 …

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 …

"Speech Swept Up"—The Constitutionality Of State Prohibitions Of Conversion Therapy For Lgbtq+ Youth, Lauren A. Chivers

Washington Law Review

Since 2012, individual states have passed laws prohibiting state-licensed mental health professionals from engaging in conversion therapy with minor clients. Despite the breadth of research undermining its efficacy and documenting harms, the practice of conversion therapy persists. State regulation of conversion therapy—and thereby licensed professionals’ conduct with their clients—has emerged as a contentious issue for the judiciary. Most significantly, the U.S. Supreme Court weighed in on the matter for the first time in 2026. In Chiles v. Salazar, the Court addressed a challenge to Colorado’s conversion therapy ban, confronting fundamental questions about this unsettled area of First Amendment law. …

Deaf In Prison: The Courts' Failure To Remedy Ada Violations In Prisons, Ruby Grossman

Washington Law Review

The carceral system is one of the many institutions that fails to adequately accommodate individuals with disabilities. D/deaf individuals specifically face a severe lack of resources and accommodations, pervasive mistreatment, and inadequate services while incarcerated. While the Supreme Court has recognized that individuals necessarily do not retain all their constitutional rights while incarcerated, there are constitutional rights and statutory protections with which prisons are required to comply. The Americans with Disabilities Act (ADA) is one such statute. When it comes to D/deaf incarcerated individuals, the ADA requires that prisons provide reasonable accommodations so those individuals are not deprived of programs, …

The Impact Of Ai Companions On Family Law, Clare Huntington

Faculty Scholarship

People of all ages and backgrounds regularly use AI companions — virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As …

Good Intentions, Mixed Messages: Considering Mental Health In Attorney Discipline, Sarah J. Schendel

Suffolk University Law School Faculty Works

The legal profession urges struggling lawyers to seek help—but what happens when those same lawyers become the subject of discipline? As mental health challenges among lawyers become more widely acknowledged and understood, the disciplinary systems that govern the profession remain uneven and opaque in their treatment of mental health as a mitigating factor. This Article presents the first comprehensive review of over a decade of disciplinary decisions and admonitions in Massachusetts, focusing on how mental health is considered during sanctioning and whether current standards meaningfully reflect the profession’s stated commitments to fairness, public protection, and attorney well-being.

The analysis reveals …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Regulating Wellness: Reimagining Legal Frameworks In The Age Of Preventative And Aspirational Health, Barbara Zabawa

UMKC Law Review

The 2025 Wellness Law Symposium was held October 3, 2025 at the University of Missouri-Kansas City School of Law.

Wellness Disputes, Maria Cudowska

UMKC Law Review

No abstract provided.

Breaking The Lease, Breaking The Cycle: Restructuring Missouri’S Lease Termination Law For Survivors Of Domestic Violence, Ries Freeman

UMKC Law Review

No abstract provided.

Wellness, Transhumanism, And The Death Of Health Law, Leah Fowler

UMKC Law Review

No abstract provided.

Should All Entry Points To Wellness Be Regulated Equally? What Mapping Existing And Emerging Entry Points Reveals, Tanya E. Karwaki

UMKC Law Review

No abstract provided.

Illness/Wellness, Ableism & Perfectibility In The Tax Code, Diane Klein Kemper

UMKC Law Review

No abstract provided.

Wellness Influencer Scienceploitation: An American Medicine Show Revival, Jennifer D. Oliva

UMKC Law Review

No abstract provided.

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …

Regulating Psychological Wellness Grifters, Jennifer D. Oliva

Georgia State University Law Review

The rapid expansion of social media has transformed the delivery of psychological wellness advice, shifting mental health guidance from licensed professionals to digital influencers operating outside of traditional regulatory frameworks. As the global wellness industry surpasses $2 trillion, millions of Americans—particularly adolescents and young adults—consume mental health content from uncredentialed creators who often monetize psychological distress without professional oversight. Documented harms include misinformation about psychiatric medications, improper management of suicidality, unqualified diagnostic claims, and the migration of disciplined clinicians into unregulated “life coaching” roles.

This Article argues that state professional licensing regimes—governing psychologists, clinical social workers, professional counselors, and marriage …