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The Lawyer: Fall 2023, Seattle University School Of Law

Lawyer

No abstract provided.

Unavoidability In U.S. Privacy Law, Laura M. Moy

Georgetown Law Faculty Publications and Other Works

Why is U.S. privacy law structured the way it is, with a series of sectoral laws rather than a cross-sectoral law or laws? Why does U.S. privacy law protect information shared in certain contexts—such as information shared with an attorney, a healthcare provider, or a financial provider—rather than particular types of information? One possibility is that sectoral laws apply to contexts in which people typically share highly “sensitive” information containing intimate secrets or with the potential to harm them financially or psychologically.

But this Article argues that there is something else at play—that in fact, an under-discussed and underappreciated factor …

Country-Of-Origin Information Reports: The Political And Legal Geographies Of Central American Migrants, Elise Dosch

Senior Theses

Country-of-origin information reports provide purportedly objective information on the political, economic, security, and humanitarian situation of a certain country. Within the context of asylum adjudication, country-of-origin information reports provide contextual information on the country-of-origin of the person seeking asylum. Academic literature on the legal use and application of these reports is limited, with the majority of research being contained within the European context. This thesis uses interviews with legal practitioners from the United States to investigate the use of country-of-origin information reports in the asylum adjudication process. These interviews revealed the uses of country-of-origin information reports by 3 key actors …

A Comparative Measure Of Judicial Legitimacy, Rahul Hemrajani

Theses and Dissertations

In the Federalist papers, Hamilton emphasized the vulnerability of courts as the weakest branch of government, lacking both the power of the "purse" and the "sword." Consequently, courts can secure compliance with their decisions only if people believe in the legitimacy of their actions. Courts that are seen as legitimate by the public can better prevent governmental overreach, enhance the rule of law, and protect democratic rights. However, there is no consensus on how to validly measure the legitimacy of courts. Additionally, existing research on legitimacy focuses on courts in the United States; we know little about judicial legitimacy in …

Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps

The Cardinal Edge

This paper begins by examining the unionization efforts of the Louisville Metro Public Defender Corporation and seeks to link those conditions with national trends to cultivate a rich understanding of why the attorneys are unionizing and what policy solutions they hope to achieve. After surveying the sources of funding and oversight for indigent defense across varying state systems, it synthesizes a policy recommendation wherein federal intervention (National Labor Relations Board), state and local government budgetary oversight and appropriations powers (Kentucky General Assembly, Louisville Metro Council), and the collective bargaining and unionization process (concerted activity), protected by law, are utilized in …

Phenomenological Study Of African American Female Partners In Top U.S. Corporate Law Firms, Tony Kelly

Doctor of Business Administration (DBA)

This doctoral dissertation delved into the intricate experiences of African American female law partners, seeking to unravel the diverse array of factors that shaped their ascension to the pinnacle of their legal careers. Employing a rigorous qualitative research methodology, this study undertook an extensive exploration of narrative data derived from in-depth interviews, with the overarching aim of addressing the research questions articulated at the outset. These questions revolved around understanding how African American female law partners perceived the factors influencing their professional promotion and how race and gender impacted their leadership journeys and broader careers within the legal profession. The …

With Name, Image, And Likeness, College Sports Enters The Gig Economy, Sam C. Ehrlich, Joe Sabin, Neal C. Ternes

Management Faculty Publications and Presentations

With the arrival of name, image, and likeness (NIL), the college sports labor market has distinctly taken on similar characteristics to the gig economy, with athletes able to earn extra compensation through external NIL-based independent contractor “gigs.” But with this comparison comes comparable issues, and scholarship and litigation examining and challenging gig economy structures have identified several legal and ethical concerns both individual to each worker and more broadly affecting labor markets. Building off this literature, we conceptualize the NIL phenomenon within the gig economy space, exploring the legal and ethical concerns that have plagued companies like Uber and applying …

Above Reproach? The U.S. Supreme Court's Ethical Issues, Christopher J. Przemieniecki, Jana Nestlerode, Carli Younce

Criminal Justice Faculty Publications

With society scrutinizing the American criminal justice system, a standard of ethics becomes ever so important for law enforcement officials, members of the bench, and correctional personnel. Creating a code of conduct not only benefits the individual players in the criminal justice system but it also protects the integrity of each institution. Unfortunately, one of the most important judicial branches in the criminal justice system, the United States Supreme Court, does not have, nor follow an ethical code of conduct. This creates a problem for criminal justice practitioners, the media, and society. This article examines the current requirements for a …

Constitutional Law—Filling The Gap: The Need For Legislative Action To Protect The Right To Record Police In The Age Of Citizen Journalism, Madalyn J. Goolsby

University of Arkansas at Little Rock Law Review

No abstract provided.

Artificial Intelligence And Interspecific Law, Daniel J. Gervais, John J. Nay

Vanderbilt Law School Faculty Publications

Several experts have warned about artificial intelligence (AI) exceeding human capabilities, a “singularity” at which it might evolve beyond human control. Whether this will ever happen is a matter of conjecture. A legal singularity is afoot, however: For the first time, nonhuman entities that are not directed by humans may enter the legal system as a new “species” of legal subjects. This possibility of an “interspecific” legal system provides an opportunity to consider how AI might be built and governed. We argue that the legal system may be more ready for AI agents than many believe. Rather than attempt to …

Defamation In The Twenty First Century: Some Observations And A Brief Taxonomy, John G. Culhane

Lincoln Memorial University Law Review Archive

Defamation law has had a bumpy ride lately. Designed as a mechanism for the restoration of unfairly sullied reputations, recent high-profile cases have revealed the tort’s limitations in the era of social media saturation and virality. Some of these cases should never have been brought, while others would more naturally have been based in other torts, including intentional infliction of emotional distress or interference with business relations.

Beginning with a brief, targeted history of defamation law that focuses on its essential purpose, this article then discusses several recent, high-profile cases that have both exposed the limitations of defamation law and …

Commentary: Further Prosecutions Over The 2020 Election Are Not Justified, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

In The Room Where The Constitution Happens, Lorianne Updike Toler

College of Law Faculty Publications

Constitution-writing, according to the United Nations, should be participatory, non-exclusionary, and transparent. Recent scholarship has identified group inclusion, or ensuring that a broad swath of enfranchised groups is welcomed into the drafting room, as the lodestar of constitutional process. In making this comparative case--one which has important implications for modern constitution-writing--scholarship provides precious little empirical evidence, particularly from the historical genre. This ignores the benefit of studying the oldest constitution-writing traditions in America and all that can be learned by tracing a practice or idea to its roots.

This study, the first monogram on New Hampshire’s five constitution-writing processes between …

Did The Biden Administration Violate The First Amendment?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

“In A Religious Celebration”? The Religious Defense Of Lgbt Rights In U.S. Federal Courts, Kelsy Burke, Emily Kazyak, Maia Behrendt

Department of Sociology: Faculty Publications

This article advances scholarship on the relationship between sexuality, religion, and the law within the United States by analyzing case summaries and court opinions of the federal appellate cases decided between 1990 and 2020 that involve a religion-based claim being used to advance or defend gay and lesbian rights. Contrary to dominant public narratives that position religion uniformly in opposition to progressive sexual values, these cases show how Americans’ religious beliefs and practices include diverse sexual identities. We find that the courts’ reactions to such cases, however, illustrate the tension within legal discourse and hesitancy for the courts to equate …

Today’S Supreme Court: ‘Not A Normal Court,’ But Not Unprecedented Either, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Universities As Agents For Innovation, Living Values, Sustainable Community Development And Progressive Society Building, Danjoo Ghista, Ravi S. Sharma

All Works

In this paper, we revisit Higher Education 4.0 and examine the power of universities as agents of new knowledge and innovations, for sustainable community development and progressive society building. With the benefit of retrospective economic analysis, we may posit that universities will continue to be central to socio-economic development. We can envision that in the face of a changing economic landscape, universities have the potential to serve as powerful agents of change toward a more equitable, just, and sustainable world. The power of universities in this modern era lies in their ability to create and disseminate knowledge, foster critical thinking, …

Pardon Me? Why Biden Should Pull A Gerald Ford When It Comes To Trump, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk

St. Mary's Law Journal

No abstract provided.

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

The Durham Report Shows Why We Don’T Want The Fbi Involved In Politics, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Jane Crow Constitutionalism, Evan D. Bernick

College of Law Faculty Publications

On June 24, 2022 The United States Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization; overturning Roe v. Wade, and destroying fifty years of precedent to protect the constitutional right to abortion in the United States. This overturning sets a dangerous, new precedent that reinforces the State’s control of reproduction, and criminalizes a woman’s right to choose, with very few exceptions. In states like Mississippi, Black women are already experiencing the highest rates of maternal mortality, incarceration, and poverty.

This article posits that Dobbs operates to maintain a racialized and gendered underclass, and names this phenomenon …

The Women Of Justice: Narratives Of Women Attorneys In California During The 1960s And 1990s, Sarah Zion

Master's Theses

This thesis interviews two women attorneys who have not previously shared their stories to relate their experience of going to law school and entering the field after graduation. The study of women lawyers and their stories is not a new topic, however, there is a focus in the scholarship to only explore the tales of the women who reached the big firsts, such as first female lawyer or first female judge. By providing interviews of women who have not reached these big accomplishments, the field gains a more rounded understanding of the history of female lawyers. The two women interviewed …

Jane Crow Constitutionalism, Evan D. Bernick

Northern Illinois University Law Review

On June 24, 2022 The United States Supreme Court issued its decision on Dobbs v. Jackson Women’s Health Organization; overturning Roe v. Wade, and destroying fifty years of precedent to protect the constitutional right to abortion in the United States. This overturning sets a dangerous, new precedent that reinforces the State’s control of reproduction, and criminalizes a woman’s right to choose, with very few exceptions. In states like Mississippi, Black women are already experiencing the highest rates of maternal mortality, incarceration, and poverty.

This article posits that Dobbs operates to maintain a racialized and gendered underclass, and names this phenomenon …

Integration & Transformation: Incorporating Critical Information And Literacy And Critical Legal Research Into Advanced Legal Research Instruction, Courtney Selby

Northern Illinois University Law Review

Today’s law students exist in an information ecosystem where access to information is plentiful. Between the open web and the proliferation of databases offering countless research resources, retrieving potentially relevant search results is relatively easy. The struggle for our students is filtering through seemingly endless search results to find the best resources for the legal problem at hand. For many of us, the summer of 2020 was a watershed moment, not because of the pandemic, but because of the brutal murder of George Floyd. Make no mistake, there was a genuine need for CIL and CLR in our legal research …

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

If The Gop Won’T Do It, Democrats Will Have To Block Trump’S Nomination For Them, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan

CISLA Senior Integrative Projects

No abstract provided.

Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson

Honors Theses

Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …