Digital Commons Network^™

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.

The Right To A Stable Climate: Common Law Remedies And Constitutional Protections In Washington State, Ella Koscher

Washington Journal of Social & Environmental Justice

The climate crisis touches every corner of the globe. Climate

change exacerbates the intensity of natural disasters, droughts, floods,

and wildfires, and accelerates sea level rise, desertification, habitat loss,

and species extinction. Billions of people, including millions of U.S. residents,

are currently highly vulnerable to these impacts. The science has

long established that greenhouse gases from fossil fuel use and production

are a main driver of climate change, and the largest source of greenhouse

gas emissions in the U.S. derives from our fossil fuel-based energy

system. Various oil and gas companies produce, advertise, and distribute

fossil fuels in the U.S., …

Front Matter, Washington Journal Of Social & Environmental Justice

Washington Journal of Social & Environmental Justice

No abstract provided.

Front Cover, Washington Journal Of Social & Environmental Justice

Washington Journal of Social & Environmental Justice

No abstract provided.

حقوق الإنسان في مناهج كليات الحقوق العراقية, وصفي الشرع

Proche-Orient, Études juridiques

No abstract provided.

فلسفة حقوق الإنسان في الكليات الإسلامية في العراق: الإمكان والواقع, عبد الأمير قاسم زاهد

Proche-Orient, Études juridiques

No abstract provided.

مفاهيم حقوق الإنسان في البرامج الدراسية الحوزة العلمية في النجف الأشرف, حسن بحر العلوم

Proche-Orient, Études juridiques

No abstract provided.

الحق باللاعنف: تطوير المناهج القانونية لحقوق الإنسان: أعمال الندوة حول النموذج العراقي, شبلي ملاط

Proche-Orient, Études juridiques

No abstract provided.

Avant-Propos, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Le Régime Juridique De La Filiation Illégitime Au Liban : Contribution À L'Étude Du Droit De La Famille, Adeline Sfeir

Proche-Orient, Études juridiques

No abstract provided.

Front Matter

ACTEC Law Journal

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 …

Real Promise For False Claims: A Whistleblower Litigation Strategy To Reward Investigative Journalism, Frank D. Lomonte

Washington Law Review

Every year, investigative reporters uncover stories of waste, fraud, and corruption, alerting the government to taxpayer ripoffs that had previously gone undiscovered or ignored. For decades, non-journalists have been reaping windfall rewards—sometimes in the millions—by using false-claims statutes to bring whistleblower actions on the government’s behalf. With news organizations struggling for their economic survival, and efforts to secure alternative financial support through government bailouts faltering, is it time for journalists to seek a share of the money they recoup for taxpayers by becoming plaintiffs?

This Article explores the possibilities, and downside risks, of using the federal False Claims Act, and …

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 …

Update: Colorado River Basin Storage Continues Slide Toward System Crash, Anne Castle, Jack Schmidt, Eric Kuhn, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

If the Colorado River Basin (Basin) experiences another dry year, similar to Water Year 2025, it is likely that reasonably accessible storage in Lake Powell and Lake Mead would be mostly depleted, even if consumptive uses and losses are at or near historic lows. Run-of-the-river operations would shortly ensue. This would be an outcome with devastating consequences. In contrast, if next year is very wet, similar to Water Year 2023, the Basin’s largest federal reservoirs would recover somewhat, but would provide only about two years of cushion before we find ourselves again in the same position we are in today, …

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 …

How Deals Die, Da Lin, Morgan Ricks

University of Chicago Law Review

The risk of deal breakage is central to merger and acquisition (M&A) dealmaking. Yet neither the finance nor corporate law literatures have systematically explored how and why deals fall apart. We rectify this deficiency, making three principal contributions.

First, we develop a comprehensive typology of eight M&A outcomes:
completed-as-announced deals and seven types of deal breakage. This precise mapping provides both positive and normative payoffs. Apart from revealing the multifaceted ways in which announced deals can be disrupted, we detail the starkly differing implications for the merging parties associated with each outcome type and thus illuminate why incorporating outcome heterogeneity …

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 …

Closing Time?, Aziz Z. Huq

Michigan Law Review

A review of No Democracy Lasts Forever: How the Constitution Threatens the United States. By Erwin Chemerinsky.

Fetal Personhood And Inheritance By Unborn Children, Alyssa A. Dirusso, Emily Price

ACTEC Law Journal

This article will first discuss the status of the law with respect to inheritance rights of the unborn, including both posthumous children and posthumously-conceived children. This paper next describes the fetal personhood movement and its recognition of not only life but also death before birth. The article explains the current law on survivorship and inheritance rights. Then this article discusses the implications of death before birth on intestate distributions. These implications lead the authors to recommend a default rule barring unintentional nevernatal inheritance. The authors support, however, practical provisions for the unborn for those who choose to do so.

"Health" In Hems Means Complete Well-Being, Claudia E. Tordini, Richard S. Franklin

ACTEC Law Journal

This article focuses on the definition of “health” as used in the ascertainable standard exception of Internal Revenue Code § 2041(b)(1)(A), most frequently articulated in trusts as “health, education, maintenance and support” (HEMS). It is clear that a discretionary power to distribute for one’s own health is permitted without causing a taxable general power of appointment, but there is a dearth of authority indicating the meaning of health for this purpose. This article provides the research and foundation for understanding that health as used in HEMS is a state of complete physical, mental, and social well-being, and not merely the …

Anti-Allyship And The Indirect Subordination Of Queer People, Richard Luedeman

Washington Law Review

This Article theorizes and interrogates anti-allyship as a central mechanism of modern subordination of queer people. While not new, anti-allyship is expanding rapidly under the second Trump administration. Defined as the deliberate imposition of legal, financial, and reputational costs on those who support queer individuals or institutions, anti-allyship is a strategy of indirect oppression. It targets not queer people directly, but the infrastructure of support on which queer communities rely: clinicians, educators, family members, researchers, and organizations. In doing so, it often evades the formal protections of civil rights law, which remain tethered to anticlassification models and status-based protections that …

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 …