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Sheep & Goat Research Journal, Volume 39, 2024

Sheep and Goat Research Journal

Sheep & Goat Research Journal, Volume 39, 2024

Public Primacy In Corporate Law, Dorothy S. Lund

Seattle University Law Review

This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …

Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu

Seattle University Law Review

Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …

The Limits Of Corporate Governance, Cathy Hwang, Emily Winston

Seattle University Law Review

What is the purpose of the corporation? For decades, the answer was clear: to put shareholders’ interests first. In many cases, this theory of shareholder primacy also became synonymous with the imperative to maximize shareholder wealth. In the world where shareholder primacy was a north star, courts, scholars, and policymakers had relatively little to fight about: most debates were minor skirmishes about exactly how to maximize shareholder wealth.

Part I of this Essay discusses the shortcomings of shareholder primacy and stakeholder governance, arguing that neither of these modes of governance provides an adequate framework for incentivizing corporations to do good. …

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman

Seattle University Law Review

After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …

Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells

Seattle University Law Review

Adam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one …

On The Value Of History: A Review Of A.C. Pritchard & Robert B. Thompson’S A History Of Securities Law In The Supreme Court, Joel Seligman

Seattle University Law Review

A.C. Pritchard and Bob Thompson have written a splendid history of securities law decisions in the Supreme Court. Their book is exemplary because of its detailed use of the long unpublished papers of Supreme Court justices, including those of Harry Blackmun, William O. Douglas, Felix Frankfurter and Lewis F. Powell, primary sources which included correspondence with other Justices and law clerks as well as interviews with law clerks. The use of these primary sources recounted throughout the text and 67 pages of End Notes deepens our understanding of the intentions of the Justices and sharpens our understanding of the conflicts …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Seattle University Law Review

The information we gathered during 2021–2023 shows that critical faculty and other academic resources are present throughout most of U.S. legal academia. Counting only full-time faculty, our limited research identified 778 contacts in 200 schools equating to nearly four contacts on average per school. But no organized critical “core” had coalesced within legal academia or, more broadly, throughout higher education expressly dedicated to defending and advancing critical knowledge and its production up to now. And yet, as the 2021–2022 formation of the Critical (Legal) Collective (“CLC”) outlined below demonstrates, many academics sense or acknowledge the need for greater cohesion among …

Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman

Seattle University Law Review

The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …

Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, Anthony E. Varona, Michèle Alexandre, Michael J. Kaufman, Madeleine M. Landrieu

Seattle University Law Review

This Article is a transcript of a panel moderated by Anthony E. Varona, Dean of Seattle University School of Law. During the panel, Jesuit and religious law school deans discussed what law schools with religious missions have to add to the conversation around SFFA and the continuing role of affirmative action in higher education.

The Class Of Injuries Test: A Unifying Proposal To Determining Duty, Proximate Cause, And Superseding Cause In Negligence Claims, Judge Leonard J. Feldman, Julia Doherty

Seattle University Law Review

While there seems to be universal agreement that liability in tort cannot be unlimited, there is widespread disagreement regarding the various tests that courts utilize to limit such liability. We assume here that breach can be proven: the defendant failed to conduct themself in accordance with the salient standard of conduct (for example, failure to exercise reasonable care under all the circumstances). In the ensuing litigation, the court and jury are asked to decide several issues that each limit liability for negligence. Here, we focus on three oft-debated issues: duty, proximate cause, and superseding cause. The tests for each are …

Ai, New Technologies, And Corporate Governance: Three Phenomena, Martin Petrin

Seattle University Law Review

Artificial intelligence (AI) and other new technologies are increasingly influencing the operations, business models, and structures of companies. This Article focuses on three emerging phenomena that impact significant aspects of corporate governance and regulation: (1) perforation and blurring of firm boundaries through the ubiquitous use of externally provided AI services; (2) businesses engaging in strategic access and leveraging of critical resources held by third parties without owning them; and (3) the unusual hybrid role of online platforms between market facilitators and markets themselves. The Article explores how these phenomena challenge traditional views of firms as separate units, with technology leading …

A Meaningful Life: The Future Of Juvenile Justice In Washington After Anderson, Samuel Coren

Seattle University Law Review

Until 2022, Washington’s line of juvenile sentencing jurisprudence gave every indication of continuing along the course set by Miller v. Alabama, as Washington courts recognized that “children are different” and should not be subjected to the harshest punishments available in the criminal legal system. State v. Anderson marked a stark diversion from this course. In upholding the constitutionality of a de facto life sentence for a juvenile, the Washington Supreme Court all but rejected the well-established scientific consensus surrounding juvenile brain development and implicit racial bias. Whether this decision reflects a minor aberration or a broader trend in the court’s …

Reconciling Disjunct Cryptocurrency Securities Enforcement With Purchaser Expectations, Jacob E. Simmons

Seattle University Law Review

The Southern District of New York’s July 2023 decision in SEC v. Ripple Labs, Inc. has been touted as a monumental win for cryptocurrency purchasers and related businesses. The Ripple court held that, except institutional investor transactions, all sales of Ripple’s XRP token were not investment contracts, a class of security subject to federal securities law. The court’s ruling meant that Ripple could not be held liable for the unregistered trading of XRP beyond its sales to institutional investors. Ripple adds new insights to a pervasive policymaking dilemma addressed in this Note: is the Securities and Exchange Commission’s (SEC) regulatory …

A Blueprint To Reclaim Legal Education From External Rankers, Scott Rempell

Seattle University Law Review

The U.S. News & World Report (U.S. News) law school rankings have impacted the perceptions and behaviors of everyone in the rankings ecosystem for decades. Commentators have almost universally condemned these ordinal rankings, yet they continue to influence the legal education market, often in highly detrimental ways.

The influence of these rankings stems from legitimate market demands, for reasons that the psychology of choice literature makes clear. People want (or need) to efficiently acquire and digest information that could help them make consequential decisions. At a time when consumers of law school information did not have such choice-making assistance, U.S. …

Real-World Consequences For Online Actions: The Case For Expanding Employee Harassment Protection Via Employers’ Rights Of Action, Alexander Barnes

Seattle University Law Review

This Note argues for expanding employers’ access to legal remedies that allow them to recoup the costs of protecting their employees from swatting, doxing, and other online harassment arising from their employees’ professional activity. Part I provides a brief description and history of the online harassment problem and its potentially deadly dangers. Part II describes employers’ legal responsibility to take action to protect their employees from harassment aimed at their employees within the scope of their employment. Part III explores common legal remedies that are currently available to employers, using the state of Washington as an example. Part III also …

Foreseeability And Duty In Washington Negligence Law: Leaving The Road Less Traveled By, Leo Linder

Seattle University Law Review

Washington negligence law is a confusing labyrinth of foreseeability that not even Ariadne’s string could guide plaintiffs out of. Foreseeability is implicated in four distinct analyses, several of which overlap considerably. Doctrines that were once questions of law are now questions of fact, and vice versa. Something needs to change.

Washington has taken the novel approach of bifurcating the duty element into two parts—duty’s mere existence, which is a question of law for the court to determine; and duty’s scope, which is a question of fact handed off to the jury to determine. Foreseeability impacts both of these assessments, but …

Mystery At Silvery Falls: A Novel Approach To Christian Moral Development: Leader’S Guide, Marlin Miller

Books

No abstract provided.

Mystery At Silvery Falls: A Novel Approach To Christian Moral Development, Marlin Miller

Books

No abstract provided.

2024 Resident Scholar Reflection: Elizabeth Groppe, Elizabeth Groppe

Marian Fellowships and Other Sponsored Research in the Marian Library

One of my favorite places to spend a summer Ohio morning is in our family garden of lavender bee balm and ripening cherry tomatoes. But in the summer of 2024, I deepened my appreciation for gardening in the Marian Library as a Marian Resident Scholar. Each day spent in the reading room, I admired a display of some gorgeous Marian artwork including images of Marian flowers drawn by Brother A. Joseph Barrish, S.M.; a botanical rosary by Katrina Rose Harrington; and a painting of Mary encircled by echinacea and monarch butterflies (inset image) by Ann Marie Coolick and Megan Coonelly. …

“The Direful Spectacle Of The Wrack”: Teaching Against Colonialism Through Shipwrecks And Shakespeare, Sara A. Rich

Journal of the National Collegiate Honors Council Online Archive

It has become increasingly apparent that anti-colonial and anti-racist pedagogies are necessary in higher education classrooms, and honors education as an experimental zone is an ideal place to test ideas that can be taken into the wider university community. Honors professors epitomize the teacher-scholar model, and this paper presents a six-year trajectory of anti-colonial pedagogy coupled with original interdisciplinary research in the social sciences, arts, and humanities. Bringing canonical Shakespeare into conversation with historical shipwrecks and their aftermath, students learn how The Tempest was written at a pivotal point in history, coincidentally situated in the same year as the earliest …

The Crucial Role Of Community Medicine In Improving Public Health, Malik Maaz Ahmad, Imran Ahmed Khan, Neha Priyanka

Digital Journal of Clinical Medicine

Community medicine, also known as Social and Preventive Medicine, is a specialized field of medicine that focuses on promoting and protecting the health and well-being of communities and populations. Unlike other medical specialties that primarily focus on individual patients, community medicine takes a broader approach, addressing the health needs of entire populations. The specialty of community medicine plays a vital role in clinical practice and public health. Its focus on prevention, population health, and evidence-based medicine makes it an essential discipline in improving the health and well-being of communities. Community-based medical education is of vital relevance in the modern change …

Gwayak Ateg Onaakonigewi Dibenjigewin: Decolonizing Jurisdiction In Anishinaabe Tribal Courts, Kekek Jason Stark

Nebraska Law Review

It is generally understood as a matter of federal Indian law that determinations of tribal law should properly be interpreted by tribal courts. This is because tribal courts do not always adhere to the same legal philosophy as their settler colonial counterparts. Many tribal courts subscribe to traditional law, which is an “essential source” of tribal jurisprudence. Anishinaabe communities have maintained a rich body of traditional tribal law since time immemorial. However, these customary law principles are only recently being included in modern-day Anishinaabe tribal court determinations. This Article builds upon the Anishinaabe law principles articulated in recent opinions and …

Additions To The Millipede Family Caseyidae Verhoeff, 1909, Iii: Proposal Of The New Subfamily Ochrogrammatinae, New Records Of Vasingtona Irritans (Chamberlin, 1910), Established Species Of Ochrogramma Gardener And Shelley, 1989, A New Species Of Ochrogramma From Washington State, Usa (Diplopoda: Chordeumatida: Striariidea), And Observations On Spermatozoa And Spermatophores, William A. Shear, Paul E. Marek

Insecta Mundi

The genera Ochrogramma Gardner and Shelley, 1989 and Vasingtona Chamberlin, 1941 (Diplopoda: Chordeumatida: Striariidea: Caseyidae) are assigned to the Ochrogrammatinae Shear and Marek, new subfamily. The new subfamily is diagnosed by the broad ventral lamina of the mandibular stipes and extremely long gonapophyses (found in males), the peculiar, elaborately branched processes of the gonopods, and other characters. New records and new SEM illustrations are provided for the species Vasingtona irritans (Chamberlin, 1910), Ochrogramma bentona (Chamberlin, 1952) and Ochrogramma haigi Gardner and Shelley, 1989. The range of O. bentona is extended north from the Columbia River to the Puget …

A Preliminary Investigation Of Adherence To Shell Length Regulations And Adaptive Capacity Of The Turneffe Atoll Queen Conch (Aliger Gigas) Fishery, Belize, Elsa M. K. Brenner, Vincent Sollitto, Vincent Baribeau, Rebecca Branconi, Paul Simonin

Gulf and Caribbean Research

No abstract provided.

Lessons From An Iconic Grouper: Sex, Science, And Serendipity, Yvonne J. Sadovy De Mitcheson

Gulf and Caribbean Research

From a common little damselfish and spectacular grouper aggregations, to disappearing reef fishes and the dark side of the international seafood trade, my journey has passed through a fascinating and worrying period of change in the way we view and treat our oceans. Although much of my career has been in the Indo—Pacific, I focus here mainly on my professional ‘roots’ in the Caribbean and on the Nassau Grouper Epinephelus striatus, a species that kept me curious, taught me patience, never to assume and always to stay hopeful. This fish is almost an obsession; why can we not better safeguard …

Assessing College Students' Knowledge Of Applied Behavior Analysis And Evaluating The Effects Of A Fact Sheet To Address Misconceptions, Hannah Goike

Senior Honors Theses and Projects

Previous research has indicated that college students consistently endorse misconceptions about behavior analysis (e.g., use of physical punishment, Applied Behavior Analysis [ABA] is only intended for people with autism). This study aims to assess college students’ knowledge of behavior analysis and identify the extent to which participants are likely to endorse common misconceptions. This study replicated Artzen et al. (2010) and extended it by adding questions related to the recent trends and reported misunderstandings in the field of ABA that stem from public misconceptions. The current study also evaluated the effects of a brief intervention for improving participant knowledge of …

The Integration Of Certified Therapy Dog Teams Into Special Education: Insights Of Volunteer Handlers, Rana Aabed

Senior Honors Theses and Projects

The purpose of this study was to better understand how certified volunteer dog therapy handlers can be integrated into special education settings. Although the pet therapy discourse confirms the overall impact dog therapy has on youth’s psychological health (e.g., Groenewoud et al., 2023), research that could elucidate how volunteer handlers modify the way they have their dogs interact with special education populations is a present-day need that has otherwise not appeared in the literature. In response, this study involved a qualitative multiple-case investigation about the role of volunteer certified handlers and the dog therapy provisions they offer special education populations. …