Digital Commons Network^™

The Promise And The Law—Part I: Establishing The Relationship Between Promise Keeping And Contract Law, Ben Tice

Western New England Law Review

Many accounts of contract law are promise based, however, these accounts fail to treat The Promise as a tangible social institution. Also, legal realist and law and economic accounts of contract law fail to acknowledge that The Promise exists at all. Using scholarship from political economy, this Article shows that The Promise and contract law are distinct entities. This differs from promissory accounts which treat contracts as a subspecies of promises. This gap in the scholarship matters because the existence of The Promise raises important normative considerations that existing accounts cannot accommodate by failing to address the existence of The …

Exploring Recruitment, Retention, And License Purchase Probability Of Waterfowl Hunters Using A Mark-Recapture Approach, K. A. Graham, Mark P. Vrtiska, D. H. Humburg, Larkin A. Powell, A. H. Raedeke, P. K. Devers, Christopher J. Chizinski

School of Natural Resources: Faculty Publications

No abstract provided.

“We Advocate A Semi-Revolution”: An Honors Conference Undergoes Transformation, Betsy Greenleaf Yarrison, Bruce Thompson

Honors in Practice Online Archive

Since the 1980s, the Maryland Collegiate Honors Council has offered an annual conference on a host campus in late February. In 2020, MCHC slipped in the conference just before the apocalyptic arrival of COVID-19 in March. Because this conference is hugely popular statewide, we decided to organize it virtually in 2021. Our topic—In Honors…Black Lives Matter—was too important for us to wait out the pandemic. We charged nothing, partly to encourage students and member institutions to participate and partly because it cost us nothing. Attendance tripled. Students who could not miss class or work were able to attend. Programs were …

Mindfulness In Honors: An Experiment In Collaborative Learning And Team Teaching, Pascale F. Engelmajer, Massimo A. Rondolino

Honors in Practice Online Archive

What do students hear when we talk of mindfulness? To reframe unexamined assumptions among students who conceptualize both mindfulness and honors education as “doing more” (more exercises to gain psychological benefits and more work to gain higher GPAs), the authors of this paper piloted a new course in philosophy and religious studies. In this essay, they discuss their collaborative experience designing, co-teaching, and assessing an honors course on mindfulness: its roots in Buddhist thought and practices, its contemporary secular developments, and its potential impact on students’ learning and lived experience. Integral to this experiment is also an approach to teaching …

Addressing The Climate Crisis Through Science And Art: The Value Of Interdisciplinary And Intergenerational Team Teaching, Megan Jacobs, Kineo Memmer

Honors in Practice Online Archive

The climate crisis is a growing concern for many people, especially those who are of college age, making it an important and pressing issue to explore in honors courses. Eco-Art: Using Art to Reconcile with the Climate Crisis, a University of New Mexico (UNM) Honors College course, integrates the disciplines of art and environmental justice to examine climate change and address the social and emotional toll of climate grief. The class was co-created and team taught by Associate Professor Megan Jacobs and UNM undergraduate honors and environmental science student Kineo Memmer. This article unpacks the methodologies and lessons learned from …

An Involvement Journal Assignment Encourages First-Year Students To Attend A Variety Of Events And Engage In Meaningful Reflection And Development., Jean-Paul Benowitz

Honors in Practice Online Archive

After 24 years of trial and error, an honors leadership course evolves to become relevant to the needs of the students while reflecting the learning objectives of the curriculum and giving students something tangible for learning in the real world.

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 …

Residual Effects Of Same Day Lower Extremity Strength Training On Countermovement Jump Performance In Collegiate Women Athletes, Bryan L. Riemann, Matthew J. Johnson, George J. Davies, Andrew A. Flatt

Physical Therapy Faculty Publications

alancing of strength programming intensity with sport demands is necessary to avoid excessive workloads that could inhibit performance. To expand previous jump height focused literature, this study evaluated whether countermovement jump (CMJ) movement strategies, including eccentric characteristics, might reveal CMJ execution strategy shifts to achieve similar afternoon CMJ height following a morning resistance training session (RTS). Fifteen collegiate women’s soccer and volleyball athletes (18–24 years, 73.6 ± 8.4 kg, 1.74 ± 0.19 m) participating in an offseason RTS completed five CMJs during two afternoon sessions (48 h apart), one 4–6 h post morning RTS, and one on a rest day. …

Unlocking Adolescent Mental Health: Exploring Social Determinants And Depression With The Social Ecological Model, Lauren B. Robins, Danielle Rodgers, Yusuf Barburoglu, Jasmine Griffith, Cearra L. Arnold

Counseling & Human Services Faculty Publications

Employing the robust framework of the Social Ecological Model (SEM) and drawing insights from the Social Determinants of Health (SDOH), this research sought to uncover the interplay between SDOH and mental health among adolescents. With a focus on depression, the study unraveled how various social determinants, both individually and collectively, shape the mental well-being of adolescents, leveraging the rich dataset provided by the National Survey of Children’s Health 2018. Utilizing advanced statistical techniques, the study revealed the predictive power of SDOH in understanding adolescent mental health. Results illuminate the significant influence of social determinants on depression, underscoring the imperative for …

Dropping The Veil: How An Investigation Into One Asylum Office Reveals Systemic Failures Within The U.S. Affirmative Asylum System, Anna R. Welch, Sara P. Cressey

Faculty Publications

The eleven asylum offices scattered throughout the United States make life-or-death decisions every year in tens of thousands of asylum cases. Yet, little is known about the internal workings of U.S. asylum offices where the informal, non-adjudicative framework for deciding asylum claims takes place behind closed doors. Our three-year study into the Boston Asylum Office is the first ever comprehensive empirical study into the inner workings of an asylum office in the United States. This Article takes a deeper dive into our study’s various findings to highlight systemic failures that are likely pervasive throughout the U.S. affirmative asylum system. We …

About The Authors [Jnchc (2024) 25(1)]

Journal of the National Collegiate Honors Council Online Archive

About the authors from the Journal of the National Collegiate Honors Council (2024) volume 25, number 1, pages 185-189.

Caregiver Burden And Resilience In Family Members Of Alcohol Dependent Patients: Observations From Eastern India, Shatavisa Mukherjee, Nikhil Era, Siddhartha Roy

Digital Journal of Clinical Medicine

Background: Caregiver burden for alcohol dependent patients refers to the physical, emotional, financial, and social challenges faced by individuals who provide care and support to someone struggling with alcohol dependence. Caregivers often experience high levels of stress, anxiety, and emotional distress when dealing with a loved one's alcohol dependence. The present study tried to analyse the caregiver burden and resilience among family members of alcohol dependent individuals in eastern India.

Methods: A cross-sectional observational study patients attending general outpatient clinics who had positive alcohol consumption history and were being accompanied by their caregivers to the facility. Patient and caregiver’s demographics …

Parental Perception Of Improvement In Prelinguistic Skills In Kids With Autism In Two Months Of Goal Directed Cognitive Approach, Ratnapriya Chowdhry, Santosh Kondekar, Surbhi Rathi, Abhinaya V, Tasneem Motiwala

Digital Journal of Clinical Medicine

The study aimed to assess the parental perception of improvement in prelinguistic skills in children with Autism Spectrum disorder [ASD] after 1 and 2 months of Goal Directed Cognitive Approach. This was assessed by a questionnaire filled by parents of 26 consecutive ASD kids at a neurodevelopmental center. Parents were asked to rate these skills on a Likert scale of 1-5 before and after 1 month and 2 months of GDCA to check for any improvement. 69% of ASD kids were boys. Mean age at presentation was 2.6 years. The children were subjected to GDCA for an average duration of …