Law Commons^™

A Catalyst For Change: The Extraordinary Anaka Women’S Collective During The June 2026 Belfast Pogrom, Dianne Kirby

The Journal of Social Encounters

Prompted by the pogrom that erupted in Belfast in June this year, this article explores how a women’s collective, Anaka, established by female asylum seekers, refugees and migrants (ASRMs) less than a decade previously, took the lead in ensuring the safety and welfare of the city’s migrant communities in a context where they were horrifically failed by police and politicians, by the state and the institutions meant to protect them. Anaka began as a small-scale endeavour to mitigate the difficulties confronting women struggling to navigate a harsh asylum system. It became a widely respected advocacy and campaigning group for ASRMs. …

Operation Metro Surge In Central Minnesota: A Personal Perspective, Pedro A. G. Dos Santos

The Journal of Social Encounters

This essay provides a personal account, grounded in social science intellectual traditions and methods, of Operation Metro Surge and its aftermath in Central Minnesota. Emphasizing the differences between what happened in Central Minnesota (and other rural areas in the state) and what happened in the Twin Cities Metro area, this essay focuses on two events to contextualize the ways in which Operation Metro Surge disrupted the lives of immigrants and of the Minnesotans trying to protect their neighbors.

Impunity: A Case Study Of Sex Trafficking In Nevada Brothel Prostitution, Christen Price

Dignity: A Journal of Analysis of Exploitation and Violence

It is well-documented that legalization and other forms of official protection for prostitution lead to an increase in sex trafficking, including by encouraging demand for prostitution. This paper will consider the relationship between official protection, organized crime, and sex trafficking in pro-prostitution legal regimes, both historical and contemporary. Prostitution is legal in rural counties in Nevada that have fewer than 700,000 residents, if prostitution occurs within a brothel. There is significant overlap between sex trafficking and legal brothel prostitution in Nevada, as well as a nexus to corruption and organized crime, illustrating the normalization of coercion that occurs within legalized …

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …

Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Iterative Computational Ethnography, Digito-Vernacularisation, And Transcultural Policing In The Global South Asian Communities: An Emergent Research Agenda For Transdisciplinary Hate Studies, Sandhya Irina Fuchs

Socio-Legal Review

This Article proposes a new transdisciplinary agenda for global hate studies by connecting previously separate debates in anthropology and criminology. It draws on ongoing ethnographic and computational research, which investigates how Hindu nationalist (Hindutva) hate speech originating in India facilitates distinct forms of ethnic and religious exclusion in the United Kingdom and South Africa - two Indian diasporic centres that have recently witnessed escalating Hindu-Muslim conflict in markedly different ways. The Article aims to answer the following question: what forms of transdisciplinary dialogue and conceptual innovation must social scientists engage in to understand how local cultural, legal, and historical factors …

Looking Inwards, Turning Away: A Review Of Rehan Abeyratne’S ‘Courts And Lgbtq+ Rights In An Age Of Judicial Retrenchment’, Jwalika Balaji

Socio-Legal Review

This review engages with Rehan Abeyratne's book Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment, which examines judicial responses to LGBTQ+ claims over the past two decades across three jurisdictions — the United States, India, and Hong Kong. Abeyratne argues that the apex courts in these countries have grown more inward-looking and have enabled the rise of illiberal and authoritarian forces; however, LGBTQ+ rights have emerged as an exceptional site where these courts continue to extend minimal remedies and adopt a tone of empathy, positioning themselves as the last bastion of liberal constitutionalism. Focusing on recent developments …

Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian

Amicus Briefs & Court Filings

INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …

#Metoo Vs. Anti-Dei, Nicole Porter

Faculty Publications

Nine years ago, the entire country was talking about the #MeToo movement, which can be credited with the unseating of hundreds of powerful men and changing the way we talk about and address sexual harassment in the workplace. In 2026, continued progress of the #MeToo movement might be threatened by a new movement-the Trump Administration's attack on Diversity, Equity, and Inclusion (DEI) initiatives. This article discusses the ways in which the #MeToo movement conflicts with the anti-DEI movement. Specifically, it addresses how employers will respond to pressure to dismantle DEI programs, offices, and training, and how those responses will affect …

Free Expression And Civil Rights On Campus: Consistency And The Kant-Rawls Heuristic, David M. Schizer

Faculty Scholarship

Universities learned hard lessons in the months after Hamas attacked Israel on October 7. 2023. This painful and challenging time highlighted the urgent need to pursue two critical goals, which sometimes are in tension with each other. First, universities have to protect academic freedom and free expression. This is their life blood. Second, universities also have to honor their legal and moral obligation to combat discrimination, including antisemitism.

Yet this is easier said than done. Protecting free expression means allowing speech that is controversial and even offensive. But this speech can contribute to a hostile environment. So, in seeking both …

Ice Arrests In The Mountain West, 2025, Cason Noll, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

This fact sheet presents data from the Prison Policy Initiative briefing on Immigration and Customs Enforcement (ICE) arrest data for the five Mountain West states of Arizona, Colorado, Nevada, New Mexico, and Utah from January to October of 2025.  This fact sheet reports the number of ICE arrests by location and arrest rates per 100,000 residents in each Mountain West state.

Studying Noncitizens: Immigration, The University, And The First Amendment, Peter Margulies

Cleveland State Law Review

From its campaign against anti-war protesters in World War I to the present, the government has tried to restrict the pure political speech of noncitizens, defined as noncitizens’ expression of views about the structure and policies of the U.S. government and governments of foreign nations. Threats to academic freedom are also a hallmark of government action in this domain. Taking a page from this book, the Trump administration has targeted noncitizen students who participated in campus protests against Israel’s military actions in Gaza after Hamas’s brutal attacks on October 7, 2023.

The Trump administration’s effort has viewpoint discrimination at its …

Private Disestablishment, Gaurav Mukherjee

BYU Law Review

Should public funds support religious schools? The Supreme Court’s 4–4 decision in St. Isidore of Seville Catholic Virtual School v. Drummond may have blocked America’s first religious charter school but set no precedent, leaving core constitutional questions unanswered. This Article argues that St. Isidore illustrates “private disestablishment,” where religious institutions claim private status while exercising public power—allowing them to access public benefits without accepting public constraints. Blurring the boundary between private and public allows these entities to secure public benefits like funding and regulatory advantages while avoiding obligations that typically constrain public institutions, such as non-discrimination or religious neutrality.

The …

Rebuilding The Foundation: A Discussion On Affirmative Action And Its Role In Improving Our Education System, Jacinda Thermidor

Journal of Civil Rights and Economic Development

(Excerpt)

For a long time, affirmative action policies have been fixated on race and gender. Justifiably so, since both define historically marginalized groups that still need explicit federal protections to ensure that people in these groups move through economic and educational spaces effectively and safely. Legislators have attempted to meet this need for protection by explicitly naming race and gender as protected classes in anti-discrimination laws. However, legislators have overlooked a factor that not only is the underlying issue behind inequities in education but can help achieve the goals that Supreme Court Justices and legislators had in mind—this factor is …

How Disability Inclusion Shapes Student Experiences In Egyptian Public Universities, Ramez Maher

Theses and Dissertations

The inclusion of students with disabilities in higher education is a critical aspect of equity, social justice, and human rights, particularly in Egypt, where systemic barriers continue to hinder access to education for this demographic. Despite the enrollment of approximately 19.4 million students in 2018, only 38,135 students with disabilities were admitted, highlighting the significant challenges they face in accessing higher education.   Through a qualitative approach employing reflexive thematic analysis, this study explores the interplay of institutional policies, cultural attitudes, and accessibility challenges that affect the educational experiences of students with disabilities in Egyptian public universities. The analysis of 21 …

One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard

Dalhousie Journal of Legal Studies

Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …

Table Of Contents

American Indian Law Journal

No abstract provided.

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

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 …

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 …

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 …