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Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

Let It Flow: Information Exchange In Video Conferences Versus Face-To-Face Meetings, Hadar Y. Jabotinsky, Roee Sarel

Connecticut Law Review

When the COVID-19 pandemic hit, policymakers faced a seemingly difficult choice. On the one hand, health considerations required imposing restrictions on face-to-face meetings. On the other, intuition suggested that switching to video conferencing might lead to information loss. As the pandemic progressed, in-person meetings largely turned digital, including court hearings, lawyer-client consultations, board meetings, and more. But did this turn actually cause an information loss?

Figuring out whether information is lost in video conferences is pivotal not only as a reflection on the pandemic but also to determine how to move forward in a post-pandemic world. In particular, identifying whether …

Every Law School Should Have A Poet, Susan Ayres

Faculty Scholarship

This is an imaginative work that explores gaslighting in the workplace.

Clark Memorandum: Spring 2025, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Primary and Professional Identity
• Never Only Two Sides
• In Defense of Zion and Her People
• The Pursuit of Happiness

Teaching The Arc Of Electric Spark: Igniting Curiosity, Creativity, And Innovation Throughout The Law School Curriculum, Jason G. Dykstra

Northern Illinois University Law Review

A heighted velocity of change enveloped the legal profession over the last three decades. From big law to rural practitioners, the traditional law firm model of billing time by the hour proved ripe for disruption. Technological advances automated many once-billable activities; enhanced client sophistication and cost-consciousness restricted law firm revenue by imposing billing guidelines and alternative fee arrangements; clients increasingly retain legal work in-house; and global competition allowed legal services to be disaggregated and outsourced to the lowest cost provider. The net effect of this disruption is reflected in the revenue of the legal services sector, which adjusted for inflation, …

A Distinctive Court: A Glimpse Into The History And Significance Of The D.C. Circuit, Judge J. Michelle Childs

Fordham Law Review

Judge J. Michelle Childs serves on the U.S. Court of Appeals for the D.C. Circuit. Before her appointment, Judge Childs received a B.A. from the University of South Florida Honors College and a J.D. from the University of South Carolina School of Law. She also received Masters degrees from the University of South Carolina’s Darla Moore School of Business and from Duke University School of Law, as well as an Honorary Doctorate Degree from the University of South Carolina. After working in private practice for eight years, Judge Childs received an appointment to serve as the Deputy Director for the …

Law Library Blog (May 2025): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Wellness Connection May 2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Antiracist Expert Evidence, Jasmine Gonzales Rose, Asees Bhasin, Spencer Piston

Faculty Scholarship

Since 2020, when mass protests against racism swept across the United States, scholars, lawyers, and the general public have become increasingly aware that racism permeates society and the criminal legal system, from overt racial animus to the nuanced effects of structural racism. Demonstrating the influence of racism is therefore vital to the practice of criminal defense, yet many attorneys do not know how to prove racism in court. We surveyed over seven hundred criminal-defense attorneys across the United States, and nearly half had never heard of expert witnesses testifying or submitting written reports on racism—what we call “antiracist expert evidence.” …

Motion For Leave And Brief Of Amici Curiae 1129 Law Students And 51 Law Student Organizations In Support Of Plaintiff's Motion For Summary Judgment, Jordan Merson, Spencer J. Pahlke

Student Amicus Briefs

Amici are 1129 law students and 51 law student organizations from law schools across the United States. They are diverse geographically, economically, socially, and politically. They study law for different reasons. They will go on to represent a wide range of clients and causes. Yet amici are united in one fundamental respect. They have dedicated themselves to the idea that we are a society governed by laws, not by raw power. They recognize that the executive order attacks their chosen profession. It attacks the values that cause law practice to be meaningful in American life. Amici ask this Court to …

Lubin Earns Indiana University’S Outstanding Junior Faculty Award, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An Indiana University Maurer School of Law faculty member is one of six professors on the Bloomington campus to earn the university’s Outstanding Junior Faculty Award.

Associate Professor Asaf Lubin will be recognized this fall with the award, which is the most prestigious campus-level award available specifically to pre-tenure faculty. The award is designed to identify the most promising untenured faculty and assist them in the development of their research programs and creative activities.

37th Annual Labor & Employment Law Conference, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Cardozo Law News Brief: April 25, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the April 25, 2025 Cardozo Law News Brief include:

• Professor Zalman Rothschild quoted in The New York Times on SCOTUS and religious exemptions.

• Professor Jessica Roth featured in American Lawyer and CNN on pro bono work and deportation cases.

• Professor Gabor Rona’s lawsuit over ICC sanctions covered by Bloomberg Law.

• Professor Lindsay Nash presented immigration law scholarship at UNC.

• Sarah Chu honored with a Women of Distinction award.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Susan Godfrey Llp V. Executive Office Of The President, U.S. District Court For The District Of Columbia (Docket No. 1:25-Cv-01107-Lla), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

No abstract provided.

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Rural Legal Markets, Elizabeth Chambliss

Texas A&M Law Review

Research on rural access to justice tends to appeal to a romantic conception of rural lawyers as accessible generalists who serve the public through pro bono, low bono, and community service, and some characterize rural private practice as public interest work. Many commentators call for law school, bar, and government programs to attract law graduates to rural practice and at least 15 states have implemented such programs. Yet we know very little about modern rural legal markets or the recipes for sustainable private practice in rural places. The last statewide study of rural private practice was conducted in the 1980s. …

Changemakers : Brandon Potter : L'25 : From The State House To The Court House, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Vol. 68, No. 14 (April 21, 2025)

Indiana Law Annotated

No abstract provided.

Nicholle Vandy Named An American Constitution Society Next Generation Leader, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

For the fourth consecutive year, an Indiana University Maurer School of Law student has been chosen as an American Constitution Society Next Generation Leader.

Nicholle Vandy, a 2L from Knox, Indiana, is one of three Indiana law students selected for the honor.

“I’m excited to introduce this year’s class of Next Generation Leaders, who represent the future of the progressive legal movement at a time when we need them more than ever to join us in the fight for the rule of law and our democracy,” said Zinelle October, ACS Interim President.

Vol. 68, No. 13 (April 14, 2025)

Indiana Law Annotated

No abstract provided.

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Wilmer Cutler Pickering Hale & Dorr Llp V. Executive Office Of The President, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000917-Rjl), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Service Employees International Union, American Federation Of Teachers, American Association Of University Professors, Center For Civil Rights And Critical Justice, Race And Law Centers, And Civil Rights And Advocacy Organizations In Support Of Plaintiff, Jenner & Block V. U.S. Dep't Of Justice, U.S. District Court For The District Of Columbia (No. 1:25-Cv-000916-Jdb), Charlotte Garden, Jeremiah Chin, Jessica Levin, Melissa Lee, Jim Davy, Robert S. Chang, Susan Mcmahon

Court Briefs

Introduction

When Fred Korematsu stood in the San Francisco federal district court in 1942 to challenge the constitutionality of a criminal charge that he had violated an exclusion order issued pursuant to Executive Order 9066, he was represented by pro bono counsel funded by the San Francisco office of the American Civil Liberties Union (ACLU). But just four days after Fred’s attorneys filed a motion to dismiss his criminal charges, ACLU director Roger Baldwin—wanting to avoid angering President Roosevelt—conveyed the “national board’s decision to prohibit test cases from challenging Roosevelt’s authority to issue Executive Order 9066.” Instead, local ACLU affiliates …

2025 Academy Of Law Alumni Fellows Induction Ceremony Program, Maurer School Of Law - Indiana University

Academy of Law Alumni Fellows

The Academy of Law Alumni Fellows was established in 1985 to recognize alumni whose careers are defined by exceptional personal achievement and dedication to the highest standards of the profession.

Academy Fellows are part of an elite group that includes US senators, federal judges, successful business leaders, and distinguished practitioners. A committee of anonymous alumni selects each year’s Fellows from among many deserving candidates. To be named an Academy of Law Alumni Fellow is to receive the very highest honor that the Maurer School of Law can bestow.

This year, we are honored to recognize four alumni whose remarkable contributions …

Cardozo Law News Brief: April 11, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the April 11, 2025 Cardozo Law News Brief include:

• A $5M gift from Judith and William Greenblatt ’82, P’14 to establish the Judith and William Greenblatt Career Success Center.

• Five new faculty members announced, joining Cardozo this summer.

• The Immigration Justice Clinic wins a Convention Against Torture case, led by students and a clinical fellow.

• Alumni Emma Guido Brill ’17 and Jonah Brill ’17 appear on the SPARKS podcast.

• Professor Kathryn Miller and Professor Peter Markowitz quoted in The New York Times on DOJ and ICE issues.

• Professor Gabor Rona publishes and speaks on international regulation of private …

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The Wellness Connection April 2025, Roger Williams University School Of Law Office Of Student Life

Life of the Law School (1993- )

No abstract provided.