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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 …

Hunting For Meaningful Boundaries: Virginia's Dog Retrieval Statute And Defining Per Se Regulatory Takings Under Cedar Point, Mason Miller

William & Mary Bill of Rights Journal

This Note will begin with a summary of the [Cedar Point Nursery v. Hassid] decision. Next, it will provide an overview of Virginia’s dog retrieval statute and discuss a recent case challenging the same. The Note will then analyze the statute by applying the Cedar Point standard, with special attention given to the exceptions, to determine if the law constitutes a per se taking. Finally, the Note will conclude by exploring some implications of the analysis, again emphasizing the effect of the amorphous exceptions.

This abstract has been taken from the author's introduction.

A Fate Worse Than Death: The Perpetuation Of Ableism Through California's "End Of Life Option Act", Skyler Powell

William & Mary Bill of Rights Journal

This Note discusses why physician-assisted suicide is inconsistent with California’s laws and how it should be remedied. First, Part I examines the history of physician-assisted suicide in the United States; the federal and Californian stances on the issue; how the EOLOA [End of Life Option Act] works today; and California’s stance on suicide prevention. Next, Part II looks at how California’s Equal Protection Clause and Civil Rights laws apply to individuals eligible for aid-in-dying medication, then analyzes a recent lawsuit brought against the state of California by disability advocacy groups regarding the EOLOA. Part III considers California and supporters’ interests …

Abortion Travel Restrictions Under The Dormant Commerce Clause After National Pork Producers Council V. Ross, Katherine Bartley

Fordham Law Review

Since Dobbs v. Jackson Women’s Health Organization, twelve states have banned abortion entirely, and seven states have banned abortion earlier in pregnancy than the standard set in Roe v. Wade. As abortion access dwindles, patients increasingly cross state lines to seek reproductive healthcare. In response, antiabortion state officials and lawmakers have made efforts to restrict interstate travel for abortion care.

This Note examines abortion travel restrictions under the “Dormant” Commerce Clause doctrine, which limits state laws that burden interstate commerce. In 2023, the U.S. Supreme Court affirmed but narrowed the judge-made doctrine in National Pork Producers Council v. …

Gilead: Municipal Liability For Punitive Damages Under The Fair Housing Act, Robert G. Schwemm

Connecticut Law Review

The 1968 Fair Housing Act (“FHA”) has always been understood to apply to local governments, which have proved to be among the most frequent and significant violators of this law, especially in their opposition to housing of particular value to racial minorities and persons with disabilities. Yet not until the Second Circuit’s decision last year in Gilead Community Services, Inc. v. Town of Cromwell did an appellate court approve an FHA-based punitive-damage award against a municipality. Before Gilead, district courts had generally blocked such awards, applying § 1983’s immunities to protect local governments and their officials from the FHA’s full …

Goodbye, Zoning?, Michael Allan Wolf

UF Law Faculty Publications

American zoning is under attack on multiple fronts. The concerns of zoning's many critics range from social and racial justice, to private property rights, to the extreme shortage of affordable housing, to climate-change resilience and sustainability. A growing number of voices have called for, at a minimum, the elimination of single-family zones; some even champion the abolition of this ubiquitous method of American land use regulation. This Article is the first detailed look at what would happen if zoning's critics got their way. The most efficient means for erasing zoning from American law would be for the U.S. Supreme Court …

A Critical Look At A New Iowa Law Allowing Minors To Serve Alcohol, Tom Hubbard

Journal of Food Law & Policy

In the never-ending tug-of-war of today’s charged political climate, the child labor discussion has been caught right in the crosshairs. While the Biden administration promised to crack down on child labor law violations (with varying degrees of success), more states continue making it easier for children to work. Because of this, the opportunity to exploit a progressively younger workforce will continue to grow. Amidst this backdrop, this article focuses particularly on a new Iowa law that expands child labor across the state. While there are many states seeking to roll back child labor law protections, Iowa’s new law seems to …

Misusing Eminent Domain: Pretextual Takings For A Traditional Public Use, Cameron P. Hellerman

Fordham Law Review

Eminent domain is a powerful tool at the disposal of local, state and federal governments. The Fifth Amendment to the U.S. Constitution imposes two conditions on this sovereign power: the taking must be for “public use,” and the condemner must pay “just compensation” to the property owner. There are minimal guardrails in place to police potential misuse of the eminent domain power in the courts. The U.S. Supreme Court equates “public use” with “public purpose” and applies a deferential standard of review to a condemner’s determination that a taking serves a public purpose. Nonetheless, the Court in Kelo v. City …

When Prenatal Care Becomes A Crime, Casey Hunter

Fordham Law Review

For decades, pregnant women have increasingly faced criminalization for their actions and conduct during pregnancy, with Alabama emerging as a focal point due to its aggressive use of section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed. Originally intended to protect children from the dangers of methamphetamine labs, this law has been reinterpreted to prosecute pregnant women who test positive for controlled substances. Central to these prosecutions are positive drug tests obtained from prenatal health records, causing many women to avoid prenatal care for fear of legal consequences.

This Note …

“Very Little Cause At All”: The Erosion Of Job Security For Ohio Teachers, Philipp Corfman

Cleveland State Law Review

As education becomes an increasingly divisive partisan issue, with teachers caught in the crossfire, it is more important than ever that teachers have protection from unfair or politically-motivated terminations. The Ohio Teacher Tenure Act was enacted 80 years ago to give teachers this essential job security. However, this Note examines the bizarre fact that, after a recent series of state court opinions, the Act now gives Ohio teachers less job security than other unionized public employees. By essentially forbidding adjudicators of teacher terminations from considering proportionality, length of service, and due process, these holdings leave teachers in a far more …

Her Bun + My Oven = Our Child: Protecting The Legal Parentage Of Lgbtq+ Mothers And Their Children Conceived Via Reciprocal In Vitro Fertilization In Ohio, Courtney Hutchinson

Cleveland State Law Review

This Note discusses legal parentage in Ohio for two-women couples who expand their families via reciprocal in vitro fertilization or egg-sharing, where one woman is the genetic parent and the other is the gestational parent. Currently, the gestational mother is guaranteed legal parentage at the time of the child’s birth, while the genetic mother must petition the court for a formal adoption to protect her legal rights. A thorough review of court precedent regarding same-sex marriage makes clear that the public policy of Ohio permits two women to share in the legal rights of parentage. Furthermore, Ohio courts have regularly …

The Right To Gender-Affirming Care, Justin J. Soulas

Theses and Dissertations

As of recent, twenty-four states have enacted bans on gender-affirming care, restricting minors from accessing medically necessary treatment. Existing scholarship has begun to explore the profound impact of these bans on transgender youth, their parents or guardians, and the medical professionals who support them. However, the body of literature on this rapidly evolving issue remains limited. This thesis aims to fill that gap by offering a legal defense of gender-affirming care, grounded in judicial precedent. It argues that parental rights to make medical decisions for their children—recognized in constitutional jurisprudence—extend to decisions involving gender-affirming treatment. Additionally, it draws on anti-discrimination …

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

Life of the Law School (1993- )

No abstract provided.

Municipal Overreach: The Case Against Benefit-Based Land Use Exactions, Michael Krasna

Brooklyn Law Review

In the Summer of 2023, a quiet buzz was building in New York City that Madison Square Garden’s Special Permit—the land use vehicle that allows it to operate an arena— was in jeopardy. Contributing to the hubbub were discussions about a controversial form of land use regulation: benefit-based exactions. Exactions are requirements imposed on property owners by local governments whereby, in return for a discretionary land use approval, property owners dedicate a portion of their property to further the government’s interest or pay a fee in lieu thereof. While exactions are primarily used by a municipality when a new development …

Dental Board Of California, Isaiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

Board Of Pharmacy, Ariana Hussing, Katie González

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Isiah Artis, Katie González

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Maya Patel, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Masthead

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Wyatt Page, Selena Sanchez, Steven Soldani, Marcus Friedman, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

California Board Of Accountancy, Shun Lam, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Byanca Hutchins, Katie González, Erol Kilic

California Regulatory Law Reporter

No abstract provided.

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Katie González

California Regulatory Law Reporter

No abstract provided.

Department Of Insurance, Lisette Cruz, Erol Kilic

California Regulatory Law Reporter

No abstract provided.