Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (102)
- Legal Education (97)
- Law and Society (80)
- Courts (55)
- International Law (50)
-
- Constitutional Law (28)
- Legal Writing and Research (28)
- Environmental Law (27)
- Human Rights Law (27)
- Legal Profession (24)
- Law and Gender (23)
- Health Law and Policy (18)
- Intellectual Property Law (17)
- Law and Economics (17)
- Tax Law (17)
- Business Organizations Law (15)
- Comparative and Foreign Law (15)
- Criminal Law (15)
- First Amendment (15)
- Immigration Law (15)
- Labor and Employment Law (15)
- Sexuality and the Law (15)
- Civil Procedure (14)
- Legal History (14)
- Law and Race (12)
- Legislation (10)
- Antitrust and Trade Regulation (9)
- Indigenous, Indian, and Aboriginal Law (9)
- Social Welfare Law (9)
- Keyword
-
- Judges (4)
- Antitrust (3)
- Courts (3)
- First Amendment (3)
- Civil rights (2)
-
- Class action (2)
- Diversity (2)
- Federal civil rulemaking (2)
- Gig economy (2)
- Implicit bias (2)
- Implicit stereotypes (2)
- Labor law (2)
- Market power (2)
- Misclassification (2)
- Monopoly (2)
- Race (2)
- Risk assessment (2)
- 609 (1)
- Access (1)
- Access admission (1)
- Access to justice (1)
- Adversarial (1)
- Advisory committee (1)
- Affirmative action (1)
- Agency fees (1)
- Aggregate litigation (1)
- Air quality standards (1)
- Alternative courts (1)
- American Indian treaties (1)
- Anti-federalist (1)
- Publication Year
Articles 1 - 30 of 709
Full-Text Articles in Law
Use Of Immigration Status For Coercive Control In Domestic Violence Protection Orders, Deirdre M. Bowen
Use Of Immigration Status For Coercive Control In Domestic Violence Protection Orders, Deirdre M. Bowen
Faculty Articles
In the context of domestic violence (DV), immigration-related circumstances can be exploited by an abuser to coerce and manipulate their partner. Using an intersectional structural framework, we examine how social structures overlaid with immigration-specific experiences operate to further enhance opportunities for abuse against immigrant women. We conducted a textual analysis to identify how socially constructed systems interact with a victim-survivor’s immigration status to introduce more tools for abusers to engage in coercive control and/or acts of violence in a random sample of petitioners (i.e., victim-survivors) who were granted a Domestic Violence Protection Order (DVPO) in King County, WA (n = …
Racial Justice And Marijuana, Steven Bender
Racial Justice And Marijuana, Steven Bender
Faculty Articles
Current legalization approaches for recreational marijuana fall short of performing and delivering racial justice as measured by materiality and outcomes rather than promises of formal legal equality. As a small first step for unwinding the War on Drugs, this Article considers how legalizing recreational marijuana can help move law and society toward true racial justice, measured by material and actual outcomes for systemically subordinated groups. In the same way that criminalization of marijuana was one of the tools for racial control, legalization of marijuana can be a revenue-based tool toward an anti-subordination future of material equality. While recognizing the shortcomings …
“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark
“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark
Faculty Articles
When the Seattle University Law Review editorial staff invited me to write an updated history of the Seattle University School of Law in honor of our 50th anniversary, I planned to start the narrative with the year 1989, which was where the prior written history (authored by former Law Library Director Anita Steele and published by the Law Review) had left off. It also happens to be the year when I graduated from this law school and joined the tenure-track faculty, so 1989 seemed like a propitious place to begin. However, as I began to do the research necessary to …
Wage Recovery Funds, Elizabeth Ford
Wage Recovery Funds, Elizabeth Ford
Faculty Articles
Wage theft is rampant in the US. It occurs so frequently because employers have much more power than workers. Worse, our main tool for preventing and remedying wage theft – charging government agencies with enforcing the law -- has largely failed to mitigate this power differential. Enforcement agencies, overburdened by the magnitude of the wage theft crisis, often settle cases for nothing more than wages owed. The agency, acting as broker for the payment of the wages owed, voluntarily foregoes both interest and statutory penalties. This is a bad deal for workers, but not just because they do not get …
When Police Discursive Violence Interacts With Intimate Partner Violence, Janet Ainsworth
When Police Discursive Violence Interacts With Intimate Partner Violence, Janet Ainsworth
Faculty Articles
Linguists analyzing the practices of American-style police interrogation have revealed the discursive attributes of police interrogation that can, often unwittingly, induce false confessions from suspects. Further, psychologists have identified a number of factors that can make particular subjects of police interrogation especially vulnerable to false confessions under interrogation. This article suggests that women who have been victims of serial domestic violence may be a heretofore unrecognized class of those particularly vulnerable individuals. Because the psychodynamics of American-style police interrogation so closely parallel the psychodynamics of intimate terroristic domestic violence, victims of domestic violence may react to police interrogation with the …
Tech Giant Exclusion, John B. Kirkwood
Tech Giant Exclusion, John B. Kirkwood
Faculty Articles
There is no topic in regulatory policy that is more pressing and more controversial than what to do about the tech giants – Google, Facebook, Amazon, and Apple. Critics claim that that these powerful platforms crush competitors, distort the political process, and elude antitrust law because it cares only about consumer prices. The only solution, they argue, is to break them up.
This diagnosis is mistaken. The tech giants have indeed engaged in anticompetitive conduct. They have excluded rivals selling products on their platforms by demoting them in search results, copying their products, or refusing to deal with them. While …
Emotions And Intellectual Property Law, Margaret Chon
Emotions And Intellectual Property Law, Margaret Chon
Faculty Articles
Emotions constitute an integral part of the diverse approaches that we bring to bear upon our most pressing law and policy issues. This article explores the role of emotions in intellectual property, information, and technology law (IP). Like other areas of law, IP commits to, prioritizes, and even honors, reason, logic, and facts—which can result in the sidelining of the affective components of law. Yet our affective responses to legal and other phenomena influence both cognition and reason. Part I of the article provides a general overview of the field of law and emotions, pointing out how this approach to …
Toward A Race-Conscious Critique Of Mental Health-Related Exclusionary Immigration Laws, Monika Batra Kashyap
Toward A Race-Conscious Critique Of Mental Health-Related Exclusionary Immigration Laws, Monika Batra Kashyap
Faculty Articles
This Article employs the emergent analytical framework of Dis/ability Critical Race Theory (DisCrit) to offer a race-conscious critique of a set of immigration laws that have been left out of the story of race-based immigrant exclusion in the United States—namely, the laws that exclude immigrants based on mental health-related grounds. By centering the influence of the white supremacist, racist, and ableist ideologies of the eugenics movement in shaping mental health-related exclusionary immigration laws, this Article locates the roots of these restrictive laws in the desire to protect the purity and homogeneity of the white AngloSaxon race against the threat of …
Hostile Restructurings, Diane Lourdes Dick
Hostile Restructurings, Diane Lourdes Dick
Faculty Articles
The conventional wisdom holds that out-of-court loan restructurings are mostly consensual and collaborative. But this is no longer accurate. Highly aggressive, nonconsensual restructuring transactions—what I call “hostile restructurings”—are becoming a common feature of the capital markets. Relying on hypertechnical interpretations of loan agreements, one increasingly popular hostile restructuring method involves issuing new debt that enjoys higher priority than the existing debt; another involves transferring the most valuable collateral away from existing lenders to secure new borrowing. These transactions are distinguishable from normal out-of-court restructurings by their use of coercive tactics to overcome not only the traditional minority lender holdout problem, …
Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender
Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender
Faculty Articles
No abstract provided.
U.S. Settler Colonialism, White Supremacy, And The Racially Disparate Impacts Of Covid-19, Monika Batra Kashyap
U.S. Settler Colonialism, White Supremacy, And The Racially Disparate Impacts Of Covid-19, Monika Batra Kashyap
Faculty Articles
This Essay contextualizes the racially disproportionate impacts of COVID-19 in the United States within a framework of settler colonialism in order to broaden the understanding of how structural inequality is produced, imposed, and maintained. A settler colonialism framework recognizes that the United States is a present-day settler colonial society whose laws, institutions and systems of governance continue to reenact the three processes upon which the United States was built—Indigenous elimination, anti-Black racism, and immigrant exploitation. This Essay connects these foundational processes—and their underlying White supremacist logics—to the disparate health impacts of COVID-19 on Indigenous, Black, and immigrant of color communities …
The 14th Amendment And Me: How I Learned Not To Give Up On The 14th Amendment, Robert Chang
The 14th Amendment And Me: How I Learned Not To Give Up On The 14th Amendment, Robert Chang
Faculty Articles
No abstract provided.
Antitrust And Two-Sided Platforms: The Failure Of American Express, John B. Kirkwood
Antitrust And Two-Sided Platforms: The Failure Of American Express, John B. Kirkwood
Faculty Articles
Two-sided platforms serve two sets of customers and enable them to interact with each other. The five most valuable corporations in America – Amazon, Apple, Facebook, Google, and Microsoft – all operate two-sided platforms. But despite their growing power, the Supreme Court's American Express decision has made it harder to stop them from stifling competition. This Article systematically exposes the flaws in the Court's reasoning and identifies the principles that should govern future cases. The Court’s most fundamental error was to require plaintiffs in rule of reason cases to make an initial showing of consumer harm that weighs the effects …
#Sowhitemale: Federal Procedural Rulemaking Committees, Brooke D. Coleman
#Sowhitemale: Federal Procedural Rulemaking Committees, Brooke D. Coleman
Faculty Articles
Of the 630 members of a specialized set of committees responsible for drafting the federal rules for civil and criminal litigation, 591 of them have been white. That is 94 percent of the committee membership. Of that same group, 513—or 81 percent—have been white men. Decisionmaking bodies do better work when their members are diverse; these rulemaking committees are no exception. The Federal Rules of Practice and Procedure are not mere technical instructions, nor are they created by a neutral set of experts. To the contrary, the Rules embody normative judgments about what values trump others, and the rulemakers—while experts—are …
Speech Inequality After Janus V. Afscme, Charlotte Garden
Speech Inequality After Janus V. Afscme, Charlotte Garden
Faculty Articles
This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.The Article has two Parts. In Part I, I explain how the Court reached its decision in Janus before critiquing the decision’s …
“Make My Day!” The Relevance Of Pre-Seizure Conduct In Excessive Force Cases, Leonard J. Feldman
“Make My Day!” The Relevance Of Pre-Seizure Conduct In Excessive Force Cases, Leonard J. Feldman
Faculty Articles
No abstract provided.
Avoidance Creep, Charlotte Garden
Avoidance Creep, Charlotte Garden
Faculty Articles
At first glance, constitutional avoidance—the principle that courts construe statutes so as to avoid conflict with the Constitution whenever possible—appears both unremarkable and benign. But when courts engage in constitutional avoidance, they frequently construe statutory language in a manner contrary to both its plain meaning and to the underlying congressional intent. Then, successive decisions often magnify the problems of avoidance—a phenomenon I call “avoidance creep.” When a court distorts a statute in service of constitutional avoidance, a later court may amplify the distortion, incrementally changing both statutory and constitutional doctrine in ways that are unsupported by any existing rationale for …
#Notme: A Commonwealth For Mankind, Deirdre M. Bowen
#Notme: A Commonwealth For Mankind, Deirdre M. Bowen
Faculty Articles
No abstract provided.
Unsettling Immigration Laws: Settler Colonialism And The U.S. Immigration Legal System, Monika Batra Kashyap
Unsettling Immigration Laws: Settler Colonialism And The U.S. Immigration Legal System, Monika Batra Kashyap
Faculty Articles
This Article flows from the premise that the United States is a present-day settler colonial society whose laws and policies function to support an ongoing structure of invasion called "settler colonialism," which operates through the processes of Indigenous elimination and the subordination of racialized outsiders. At a time when U.S. immigration laws continue to be used to oppress, exclude, subordinate, racialize, and dehumanize, this Article seeks to broaden the understanding of the U.S. immigration system using a settler colonialism lens. The Article analyzes contemporary U.S. immigration laws and policies such as the National Security Entry-Exit Registration System (NSEERS) and Trump's …
Of Dress And Redress: Student Dress Restrictions In Constitutional Law And Culture, Deborah Ahrens, Andrew Siegel
Of Dress And Redress: Student Dress Restrictions In Constitutional Law And Culture, Deborah Ahrens, Andrew Siegel
Faculty Articles
Over the last twenty years, a substantial and increasing percentage of public school students have been required to wear school uniforms or adhere to strict dress codes. They have done so in a cultural and legal landscape that assumes such restrictions pose few—if any—constitutional problems. As this Article argues, however, this landscape is relatively new; as recently as forty years ago, the legal and cultural assumptions about student dress codes were completely reversed, with the majority of educators and commentators assuming that our constitutional commitments to equality, autonomy, and free expression preclude strict student dress restrictions. This Article explores the …
Arrests As Guilt, Anna Roberts
Arrests As Guilt, Anna Roberts
Faculty Articles
An arrest puts a halt to one’s free life and may act as prelude to a new process. That new process—prosecution—may culminate in a finding of guilt. But arrest and guilt—concepts that are factually and legally distinct—frequently seem to be fused together. This fusion appears in many of the consequences of arrest, including the use of arrest in assessing “risk,” in calculating “recidivism,” and in identifying “offenders.” An examination of this fusion elucidates obstacles to key aspects of criminal justice reform. Efforts at reform, whether focused on prosecution or defense, police or bail, require a robust understanding of the differences …
Kondo-Ing Steele V. Bulova: The Lanham Act’S Extraterritorial Reach Via The Effects Test, Margaret Chon
Kondo-Ing Steele V. Bulova: The Lanham Act’S Extraterritorial Reach Via The Effects Test, Margaret Chon
Faculty Articles
An update of the 1952 decision by the U.S. Supreme Court, Steele v. Bulova, is arguably overdue in an era of intense globalization of commerce, especially considered in light of the changes to jurisdictional and extraterritoriality doctrines. It has been almost seventy years since the Supreme Court has taken a hard look at the issue of the extraterritorial reach of the Lanham Act. During that period, the Court has shifted the procedural basis for extraterritorial analysis; the development of the so-called “effects test” for extraterritoriality has resulted in some doctrinal unruliness among the circuit courts; and Congress has amended the …
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Knowledge Governance, Margaret Chon
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Knowledge Governance, Margaret Chon
Faculty Articles
No abstract provided.
Punishing Homelessness, Sara K. Rankin
Punishing Homelessness, Sara K. Rankin
Faculty Articles
Homelessness is punishing to those who experience it, not just from the inherent and protracted trauma of living exposed on the street, but also due to widespread and pervasive laws that punish people for being homeless. People experiencing homelessness, particularly chronic homelessness, often lack reasonable alternatives to living in public. Yet cities throughout the country are increasingly enacting and enforcing laws that punish the conduct of necessary, life-sustaining activities in public, even when many people have no other option. These laws are frequently challenged in court and often struck down as unconstitutional. But legally sound, cost-effective, and non-punitive alternatives to …
Rebellious Reflection: Supporting Community Lawyering Practice, Monika Batra Kashyap
Rebellious Reflection: Supporting Community Lawyering Practice, Monika Batra Kashyap
Faculty Articles
This Article contends that lawyers who are trained in the skill of reflection are better equipped to engage in a social change-oriented approach to law practice called community lawyering. By conceptualizing reflection as a contemplative pedagogy, this Article will reveal a profound connection between community lawyering, reflection, and the contemplative law movement. The Article offers specific “rebellious” reflection-based pedagogies that can help practitioners and future lawyers: strengthen their capacity for deep self-awareness; interrogate the traditional lawyer-client relationship; sharpen their analysis of race, class, and power; and cultivate an understanding of how social change occurs. By presenting testimonials from new lawyers …
Market Power And Antitrust Enforcement, John B. Kirkwood
Market Power And Antitrust Enforcement, John B. Kirkwood
Faculty Articles
Antitrust is back on the national agenda. The Democratic Party, leading Senators, progressive organizations, and many scholars are calling for stronger antitrust enforcement. One important step, overlooked in the discussion to date, is to reform how market power — an essential element in most antitrust violations — is determined. At present the very definition of market power is unsettled. While there is widespread agreement that market power is the ability to raise price profitably above the competitive level, there is no consensus on how to determine the competitive level. Moreover, courts virtually never measure market power (or its larger variant, …
Environmental Governance And The Global South, Jeffrey Minneti
Environmental Governance And The Global South, Jeffrey Minneti
Faculty Articles
Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. Such entities include the Forest Stewardship Council (FSC) and Rainforest Alliance, both of which are nongovernmental entities that prescribe environmental standards for producers, provide labels and logos for producers that choose to comply with the standards, and maintain compliance through independent audits. The schemes incentivize environmentally responsible products and production processes by linking producers who conform …
Labor Organizing In The Age Of Surveillance, Charlotte Garden
Labor Organizing In The Age Of Surveillance, Charlotte Garden
Faculty Articles
No abstract provided.
A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman
A Legal Fempire?: Women In Complex Civil Litigation, Brooke D. Coleman
Faculty Articles
Justice Ruth Bader Ginsburg made headlines when she said that she would be satisfied with the number of women on the Supreme Court “when there are nine.” But why should that answer have been so remarkable? After all, there were nine men on the Court for nearly all of its history. Yet, Justice Ginsburg’s statement was met with amusement or from some quarters — disdain. What answer would have been considered more appropriate coming from a groundbreaking feminist litigator? Would four have been an acceptable answer? Would five have been presumptuous? This episode reflects our cramped view of how much …
Social Justice And Islamic Jurisprudence, Russell Powell
Social Justice And Islamic Jurisprudence, Russell Powell
Faculty Articles
No abstract provided.