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The Lawyer: Spring 2025, Seattle University School Of Law

Lawyer

No abstract provided.

Clean Data: Recursion As Pollution In Environmental Ai, Joshua Fairfield

Scholarly Articles

If “data is the new oil,” then corruption in the data used to train artificial intelligence (AI) constitutes a new form of pollution. Environmental AI has traditionally been discussed in terms of its indirect effects on the environment—the irony of burning power, processor cycles, and heat to produce solutions to stop and heal environmental damage. But there is a deeper problem. When environmental AI suggests interventions, its outputs are written onto the landscape. If that landscape is then read as data to retrain AI, there is a risk of model collapse and catastrophic forgetting, as the snake devours its own …

Legal Precedents For Slavery And Manumission In Colonial Virginia, Sydney Gilbert

Helms School of Government Spring Public Policy Conference

Legal precedence played a significant role in the development of Virginia’s slave and manumission laws. Virginia’s society and government is derived from English legal traditions and common law; however, as the colony developed, the Virginia courts and General Assembly produced their own traditions and precedents in response to its growing society. Similarly, the colony’s slave system initially relied on principles from English law but was established in response to Virginia’s unique societal and economic developments through court rulings and laws by the General Assembly. In addition to the laws passed by the Virginia General Assembly, the status of Africans and …

The Death Penalty In The Bible: What Does God’S Word Say?, Caily Shriver

Helms School of Government Spring Public Policy Conference

The death penalty is widely debated among Christians, as various verses are used to support both sides of this argument. Although this topic can be controversial, the Bible shows that God said, “Thou shall not murder” when he gave Moses the Ten Commandments and that Jesus tells Christians to love their neighbor. Christians need to have a more unified view on this issue because many Christians on the opposing side of the death penalty essentially claim that the Bible contradicts itself. Such a belief destroys the Bible’s credibility and our credibility as Christians because our beliefs come from God’s Word. …

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Analysis Of The Agenda For Sccr 46, Pijip

Joint PIJIP/TLS Research Paper Series

Protection of Broadcasting Organizations

The central question for the Broadcasting Treaty, in line with the 2007 General Assembly Mandate, is whether there is sufficient “agreement on objectives, specific scope and object of protection” to warrant a recommendation for a diplomatic conference. (WO/GA/34/16). The 2006 GA mandated that the Broadcasting Treaty be “confined to the protection of broadcasting and cablecasting organizations in the traditional sense” and “based on a signal-based approach” (WO/GA/33/10, para 107, 2006).

The SCCR 45 Chair’s Summary states:“[w]ith respect to objectives, there is common understanding … that the treaty should be narrowly focused on …

Objectives And Principles For An Instrument On Limitations And Exceptions: Relevant Excerpts And Proposals, Sean Flynn, Luca Schirru

Joint PIJIP/TLS Research Paper Series

The Committee on Copyright and Related Rights (SCCR) has been mandated by the 2012 General Assembly to work toward “an appropriate international legal instrument or instruments (whether through model law, joint recommendation, treaty, and/or other forms)”. In SCCR 43, the Committee adopted a Work Program (SCCR/43/8) to draft “objectives, principles, and options” for potential instruments. With the goal of facilitating the discussion within the Committee and the design of principles and objectives, our research team systematically gathered and organized relevant excerpts from a variety of sources including existing treaties, laws, SCCR documents, academic contributions, and civil society proposals. This document …

Legal Writing Simplified, Michelle Zakarin

Open Touro Created

2025

This book has been designed to help law students learn to write analytically in a straight-forward, simple, yet effective style. I have included text to explain the particular writing concepts and videos that explain concepts clearly. Different modalities can be useful in order to appeal to different learning styles. My hope is to demonstrate that mastering the art of legal writing can positively impact all aspects of law school and all aspects of a legal career.

The Decalogue As A Transitional Model For Fear, Pamela Jensen Ikasalo

Liberty Theological Review

God’s original intention for relationships was disrupted by the fall of man as recorded in Genesis 3. From that point, fear of man played an intricate role in both interpersonal relationships and decision-making. The purpose of the Decalogue was to moderate relationships among the people and with their God. However, there is an additional purpose as well. The Decalogue serves as a transitional model from fear of man to fear of the Lord. When God’s people live according to the precedents found in Exodus 20 and Deuteronomy 5 their lifestyle no longer follows the pattern set by fallen humanity. Both …

Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter

Joint PIJIP/TLS Research Paper Series

This article identifies copyright impediments existing in the sphere of science, and then tentatively suggests how such impediments may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, and specifically asks whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 1966. …

When Anti-Fraud Laws Become A Barrier To Computer Science Research, Madelyne Xiao, Andrew Sellars, Sarah Scheffler

Faculty Scholarship

Computer science research sometimes brushes with the law, from red-team exercises that probe the boundaries of authentication mechanisms, to AI research processing copyrighted material, to platform research measuring the behavior of algorithms and users. U.S.-based computer security research is no stranger to the Computer Fraud and Abuse Act (CFAA) and the Digital Millennium Copyright Act (DMCA) in a relationship that is still evolving through case law, research practices, changing policies, and legislation

Amid the landscape computer scientists, lawyers, and policymakers have learned to navigate, anti-fraud laws are a surprisingly under-examined challenge for computer science research. Fraud brings separate issues that …

Technologically Competent Reprised: Ethical Practice In An Ai Age And Considerations For Our Courts In A Burgeoning Ai Era, Heidi L. Frostestad

College of Law Faculty Publications

The recent explosion of artificial intelligence and generative AI undeniably impacts our federal and state courts. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for an ethical practice. This Article will identify the technical competence obligations embodied in Model Rule 1.1 and examine the implications of AI for technological competence standards. After reviewing the timeline of cases that invoke AI hallucinations and other issues and current scholarly literature, this Article will propose a more specific ethical standard for baseline knowledge of various AI technologies according to current practice and use of ever-expanding technologies …

Unraveling The Ties That Bind: How Dobbs And Loper Bright Might Reconfigure American Party Politics, Gregory A. Elinson

College of Law Faculty Publications

What happens to partisan politics when long-standing doctrinal equilibria are upended? In search of answers, this essay engages in an extended comparison of two recent landmark Supreme Court rulings: Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade, and Loper Bright Enterprises v. Raimondo, which overruled Chevron USA v. Natural Resources Defense Council.

It begins with the observation that opposition to abortion and judicial deference on the right, and support for abortion and judicial deference on the left, helped unite the major party coalitions, forging durable alliances among elected officials, organized interests, donors, activists, …

Cronyism In Creating Chronic Disease—A Path To Food Justice, Martha Leonard

St. Thomas Law Review

Central to this discussion is a quote often attributed to the ancient Greek physician Hippocrates: “Let food be thy medicine, and medicine be thy food.” Today, physicians recognize the crucial role of diet in maintaining good health and preventing chronic disease, but U.S. laws fail to reflect this understanding. The health field has seen significant progress in scientific research on pathology; however, nutritional research presents a challenging and contradictory landscape. Corporate influence in scientific research leads to a lack of consensus on the most optimal diet for promoting general health, presenting a challenge for policymaking. The dark reality is that …

The New World's Pandemic: Sexual Exploitation In The Digital Age, Rocio Iglesias Gonzalez

St. Thomas Law Review

Mary is a fifteen-year-old who is excited about starting her sophomore year of high school. Unbeknownst to Mary, George, a classmate whose romantic advances Mary had rejected, created a sexually explicit image generated by artificial intelligence, most commonly known as a deepfake, of Mary and started sending it to other classmates. Once Mary discovered the deepfaked pictures, she and her parents sought legal advice on available remedies. Unfortunately, Mary lives in Nevada, a state that has no legislation addressing the issue of nonconsensual sexually explicit deepfakes. Similarly, at the federal level, Mary has no course of action against her offender. …

2025 Shepard Broad College Of Law Admissions Viewbook, Nova Southeastern University

Shepard Broad College of Law Viewbook

No abstract provided.

6. Mark: Sources And References, Matthew Lipman

Secondary School Curriculum

This sequential bibliography matches the 1980 edition of Mark page by page. It contains both sources—works that influenced Matthew Lipman in writing the novel—and references to philosophical works he and Ann Margaret Sharp recommend to explore the novels’ philosophical themes.

Profess, Apply, Pickle, And Trash: Four Legal Educators' Approaches To The Law, David Ray Papke

Saint Louis University Law Journal

Outsiders might assume that law professors at a given school teach their students all of the laws. But alas, an undertaking of that sort would be impossible. The laws are simply too numerous and variable to be presented in full. What law professors can and do convey, meanwhile, are approaches to the selected laws they might be teaching. After graduation from law school, many lawyers will hold onto and use their professors’ approaches for the rest of their professional lives.

Affording Oral Tradition Evidence Due Weight Before The International Court Of Justice, Terrence Neal

Lewis & Clark Law Review

Oral traditions are irreplaceable sources of historical information, particularly with regard to Indigenous Peoples’ histories and cultures. However, when states have submitted oral traditions as evidence of historical practices, events, and circumstances in cases before the International Court of Justice (“Court”), the Court has been reluctant to afford them significant weight. This Article, which is the first detailed study on the Court’s treatment of oral traditions, examines whether the Court is failing to provide them due or appropriate weight. Based on historical, archaeological, and anthropological research, it establishes that oral traditions can be as reliable as written documents for reconstructing …

Admitting Science: Problems With Current Admissibility Standards, William O'Donohue, Sneha Gupta

Lewis & Clark Law Review

Attorneys use expert testimony to advance legal positions in courtrooms. Because expert testimony can have tremendous influence over judges and juries, it is admitted only if it meets specific admissibility standards, i.e., Frye and Daubert. These standards provide different admissibility criteria, have been adopted by distinct sets of jurisdictions, and, we argue, are of questionable validity. These standards are attempts to ensure that only knowledge is admissible and are, then, essentially an epistemic matter. Science serves as a proxy for knowledge because science is the epistemic process that has been successful at generating knowledge. However, both epistemology and the philosophy …

Cause Of Death? -- It's Probably Not What's Reported On The Death Certificate, Lauren R. Roth

Lewis & Clark Law Review

In the age of big data, this country has a data problem—inaccurate and incomplete information in death certificates. The problem has long been hidden by the numbers reported—as have the people whose deaths go uncounted, but the COVID-19 pandemic unveiled the scope of the issue. Since the beginning of the pandemic, “excess deaths” (i.e., any deaths above the number predicted by existing mortality models) have increased significantly. Most of these excess deaths are likely attributable to COVID-19 because the decedent was never tested for COVID-19 or it was one of multiple factors contributing to their death. Other deaths are uncounted …

Survival Of The Social Interest: Redefining The Bruen Standard To Protect Women From Violence Through United States V. Rahimi, Katelyn M. Sundstrom

Lewis & Clark Law Review

This Note explores the intersection of gun rights and gender-based violence within the U.S. legal system. It delves into the pervasive issue of domestic violence and explores the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, which rejected the use of “interest balancing” in evaluating gun regulations in favor of a purely historical and traditional approach. This shift placed significant legal scrutiny on existing firearm restrictions, including 18 U.S.C. § 922(g)(8), which prohibits individuals subject to domestic violence restraining orders from possessing firearms.

The analysis centers on the 2023 case United States v. Rahimi, …

Disrupting Public Defense: A Transitions Theory Approach, Matt Bender

Lewis & Clark Law Review

Public defense problems are well known, but a solution has been elusive. This Article analyzes public defense’s adaptive features using the Multi-Level Perspective (MLP) for the first time. The MLP is a theoretical framework that is often employed to study institutional and societal barriers to innovative ideas, like climate change responses and clean energy transitions. This Article describes the MLP’s theoretical model and uses it to examine why public defense reform consistently fails.

This Article then goes beyond the MLP framework to explore how transition management tools can be used to design and nurture new approaches to public defense. I …

You Had One Job: The Supreme Court's New Chance To Fix The Constitutional Law Of Sentencing Factfinding, Benjamin J. Priester

Faculty Articles

Four decades after the enactment of the federal Sentencing Reform Act, one might expect a settled consensus to have emerged addressing the constitutional constraints on implementing norms such as predictability, consistency, and uniformity in the imposition of criminal punishment in the United States. In reality, the United States Supreme Court has failed to provide stability or clarity in the doctrinal principles implicated in millions of criminal cases nationwide. Spanning a quarter century, the Apprendi v. New Jersey line of cases has featured narrow or fragmented majorities, significant concurring opinions, and multiple instances of individual justices either overtly admitting to changing …

Humanizing The Law: Building Better Lawyers Through Mediation Coursework, Simone A. Haberstock

Saint Louis University Law Journal

Many students enter law school with the goal of helping others. Traditional law school classes do not help students develop empathy and an understanding of client needs and interests. This paper argues that mediation training in law school helps students improve their understanding of the human experience of litigants involved in legal disputes and builds important empathic, relational, conflict resolution, and problem-solving skills. These skills not only help students connect with and understand their clients better but can promote the self-awareness and self-care necessary for students to become healthier and happier practicing attorneys. This results in students who are more …

The Unethical Practices Of Force-Placed Insurance: How To Protect And Indemnify The Forgotten Investors Of Mortgage-Backed Securities, Devin Moore

St. Thomas Law Review

In the United States, the media has been attempting to inform homeowners of an abusive insurance policy: force-placed insurance. Force-placed insurance is a type of policy that only protects the interest of the mortgage lender or mortgage servicer, and not the homeowner. While federal and state governments have restricted force-placed insurance policies for homeowners, the laws do not protect investors of mortgage-backed securities with force-placed insurance policies. These investors have an extensive impact on the general population since their investments are funded by retirement savings plans. As a result, the investors could lose the retirement savings of millions without proper …

Tsai Today (2025), Southern Methodist University, Dedman School Of Law, Tsai Center For Law, Science And Innovation

Tsai Today

No abstract provided.

The Irony Of Humphrey's Executor & The Separation Of Powers Doctrine, Nicholas R. Barrow

St. Thomas Law Review

The vestiges of the Humphrey’s Executor1 exception for independent agencies are crumbling. Just as with Chevron, the Roberts Court—particularly in the turbulent wake of Free Enterprise, Lucia, and Seila Law—has seemed to suggest that Humphrey’s days are numbered. When Consumers’ Research v. Consumer Product Safety Commission finally arrived at the doorstep of the high Court, the inevitable had seemingly arrived—Humphrey’s was finally to fall. Yet there were not four votes to hear the case. The Fifth Circuit was so hotly divided amongst itself as to Humphrey’s continued meaning and applicability to modern administrative agencies that a bare-thin majority (9-8) concluded …

Clarifying The Constitutional Boundaries Of Income Taxation After Moore V. United States, Catherine Gluchowski

St. Thomas Law Review

Despite the significance of the term “income,” both the United States Supreme Court and the Internal Revenue Code do not provide an explicit definition of the term. This ambiguity causes the constitutionality of income taxation to remain a contested issue. Central to this ongoing debate is the issue of realization as a prerequisite for income taxation, exemplified by the case of Moore v. United States. In a landmark decision, the Ninth Circuit ruled that realization is not a constitutional requirement for Congress to impose a tax exempt from apportionment under the Sixteenth Amendment. This decision marked a pivotal departure from …

Oh Mother, Where Art Thou Paycheck?: Answering The Mommy Blogger Dilemma With Increased Privacy And Financial Protections For Minors, Sarah M. Parker

SPARK Symposium Presentations

This paper provides an overview of the current child entertainment laws and highlights the need for increased protection of minors working on social media, ultimately arguing for the adoption of a nationwide Coogan Law modeled after Illinois' law and the European Union's General Data Protection Regulation. The paper provides a sample Uniform Coogan Code that jurisdictions could adopt to implement such protections for minors online, including provisions covering required savings, financial access by parents, and the right to be forgotten.