Law Commons^™

Seeking Higher Ground: Developing A Tribal Model Code For Disaster And Emergency Management In A Complex Jurisdictional Environment, Brian Candelaria

American Indian Law Journal

“The teepee is much better to live in;

always clean, warm in winter, cool in summer; easy to move. The white man builds his big house, cost much money, like big cage, shut out sun, can never move; always sick. Indians and animals know better how to live than white man; nobody can be in good health if does not have all the time fresh air, sunshine, and good water.”

- Chief Flying Hawk[1]

In 2019, I opened my submission for the Sovereignty Symposium’s Doolin Award with the statement above. The entry was accepted and reprinted in the American …

Reclaiming Sacred Homelands: Asserting Treaty Rights And The Path Towards Restoration Of The Badger-Two Medicine, Sarah Greenberg

American Indian Law Journal

“In order for law to have an influence in the lives of ordinary people, it must have something to do with the emotional feelings of justice, it must speak to our basic humanity, and it must give us common sense directions as to what behavior and beliefs are right and wrong"

A New Cobell: The Need For A Continued Buy-Back Program, Liam C. Conrad

American Indian Law Journal

The General Allotment Act of 1887 divided Indian reservations into smaller plots for the supposed benefit of individual Indians. Today, these allotments are severely fractionated, with some 160-acre plots having as many as a thousand owners. Since allotment, Congress has repeatedly attempted to solve this problem. However, only the Cobell Land Buy-Back Program has made any sizeable impact on fractionation levels. This paper examines the fractionation problem and the Cobell Program. Now that the Cobell Program has ended in November 2022, this paper argues that Congress must quickly reauthorize a similar program or fractionation will soon exceed pre-Cobell levels.

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

“I’Ll Have The Fish, Please” – Why Wild, Sustainable Fisheries In The United States Need Permanent Federal Protection, And Fast, Renee Larson

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

Embracing The Flow: The Right To Menstrual Health As A Response To Climate Change Impacts In South Asia, Lea Kuhlmann

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

The Immutable Blockchain Confronts The Unstoppable Gdpr, Bisma Shoaib

Seattle Journal of Technology, Environmental & Innovation Law

The notion that privacy is dispensable and should be sacrificed in exchange for internet access is misguided. In fact, privacy laws are flourishing, highlighting the significance of safeguarding personal information in the digital age. It is crucial to recognize that privacy is not merely a luxury, but a fundamental right that should be upheld, even in the context of online activities. In the ever-evolving landscape of technology, the collision between privacy and innovation becomes increasingly apparent. This paper delves into the intriguing convergence of the General Data Protection Regulation (GDPR) and blockchain technology, unraveling pivotal issues that arise from this …

Regulation, Radiation, And Rationality: Calculating An Intersection Of Law And Economics To Enable Nuclear Power Innovation In The United States, Sandra Roettgering

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

“Vr”: Virtual Reality, Or Very Risky? Injuries And Liability From Virtual Reality Headsets, Andrew Stein

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

Assessing The Potential Involutionary Effects Of New Copyright Laws: A Techno-Legal Analysis Based On The Impact Of Web 3.0 On Copyright Protection, Alvin Hung

Seattle Journal of Technology, Environmental & Innovation Law

As Internet technology evolves, legal professionals and academics must stay current and adapt to these inevitable technological changes. This article investigates the extensive influence of the latest version of the World Wide Web (the Web)—Web 3.0—on copyright laws based on a techno-legal analysis that considers the opportunities and challenges of this new technology. The principal version of copyright laws, the Digital Millennium Copyright Act (DMCA), was enacted in 1998 during the Web 1.0 era, signifying an impending need for appropriate updates in the new Web 3.0 era. This article traces the historical development of U.S. copyright laws by positing it …

The Reality Of Assisted Reproductive Technology: A Call For The Prohibition Of Donor Anonymity, Gisell Mondragon

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.

A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 2), Jay T. Conrad

Seattle Journal of Technology, Environmental & Innovation Law

This Article is the second of a two-part series about an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 detailed Internet shutdown tactics and potential human rights violations that could result from a shutdown. Now, Part 2 addresses the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this proposed solution, the harms of Internet shutdowns are better addressed through traditional legal avenues, such as bringing claims against the sanctioning state.

Part 1 can be found in The Seattle Journal of Technology, Environmental & …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Conviction On Interpretation, Advocate Adaptability, And The Future Of Emojis And Emoticons As Evidence, Samantha Lyons

Seattle Journal of Technology, Environmental & Innovation Law

The dawning of the digital age introduced new and unique interpretive quandaries for judges and litigators alike. These quandaries include (but are not limited to) misinterpretation of pictorial slang as used in instant messaging, new or collateral meanings invented by phrases paired with specific emoticons or emojis, and the existence of emojis alone as communicative accessories.

This Note analyzes how lawyers and judges have essential free reign to treat emojis as they see fit: a prosecutor can argue, even in good faith, that the inclusion of an emoji depicting an open flame means the sender knew the heroin he sold …

The Exacerbating Role Of Technological And Connectivity Challenges On Older Detroiters’ Health In A Pandemic, Nicholas Schroeck, Carrie Leach

Seattle Journal of Technology, Environmental & Innovation Law

The COVID-19 pandemic hit communities of color hard. The City of Detroit was particularly vulnerable to COVID-19 due to racial, socioeconomic, and environmental health factors. To analyze the exacerbating role of technology and connectivity challenges on older Detroiters' health in a pandemic, we first examined Detroit’s demographics. This analysis involved looking at the continued evolution of the City's population toward older adults, as well as the impact of COVID-19 and the healthcare services on Detroit’s elder population. Next, we examined Detroit’s internet access challenges, including the presence of digital exclusion among older adults in Detroit, the impact of COVID-19 on …

From Hashtag To Hash Value: Using The Hash Value Model To Report Child Sex Abuse Material, Jessica Mcgarvie

Seattle Journal of Technology, Environmental & Innovation Law

In the summer of 2021, Apple announced it would release a Child Safety Feature (CSF) aimed at reducing Child Sex Abuse Materials (CSAM) on its platform. The CSF would scan all images a user uploaded to their iCloud for CSAM, and Apple would report an account with 30 or more flagged images to the National Center for Missing and Exploited Children. Despite Apple’s good intentions, they received intense backlash, with many critics arguing the proposed CSF eroded a user’s privacy. This article explores the technology behind Apple’s CSF and compares it to similar features used by other prominent tech companies. …

A New Right Is The Wrong Tactic: Bring Legal Actions Against States For Internet Shutdowns Instead Of Working Towards A Human Right To The Internet (Part 1), Jay Conrad

Seattle Journal of Technology, Environmental & Innovation Law

A New Right is the Wrong Tactic: Bring Legal Actions Against States for Internet Shutdowns Instead of Working Towards a Human Right to the Internet (Part 1) is the first of a two-part series dealing with an increasingly prevalent threat to human rights: State-sanctioned Internet shutdowns. Part 1 details the current tactics and impacts of Internet shutdowns and which human rights are most likely to be violated by or during a shutdown. Part 2 will address the deficiencies of advocating for Internet access to be a recognized human right as a means of combatting shutdowns. Despite the popularity of this …

Privacy Lost: How The Montana Supreme Court Undercuts The Right Of Privacy, Kevin Frazier

Seattle Journal of Technology, Environmental & Innovation Law

In 1972, Montanans ratified a new constitution that included a “right of privacy.” The plain text of the provision fails to express the intent of the Framers who not only intended to afford Montanans a right, but also to impose a responsibility on the State to continuously and thoroughly examine State practices in light of evolving means of invading residents’ privacy. This intent has gone unrealized despite the fact that the intent of the Framers is clear, readily available, and the primary source state courts ought to use when interpreting the Constitution. This article delves into the transcripts of the …

Vertical Farming: A Bottom-Up Approach, Michael Martinez

Seattle Journal of Technology, Environmental & Innovation Law

The twenty-first century will require innovative solutions to address the effects of climate change. Vertical farming is one solution that could help conserve a significant amount of freshwater and reduce the agricultural industry’ s overuse of pesticides and intensive tilling practices, which contributes to soil erosion and pesticide runoff. There has been significant investment in vertical farming in every region of the United States; however, the cost to produce foods with vertical farming remains more costly than traditional farming, which is in large part due to the substantial amount of electricity needed to power all the technology required to grow …

Indo-Pacific Conflicts Will Be Reimagined In Outer Space Exploration, Michael Incorvaia

Seattle Journal of Technology, Environmental & Innovation Law

This article will focus on the effects of international treaties and how they can be utilized to govern the future of outer space exploration. The discussion will include evaluating how modern changes in technology have created a need for updated outer space-specific treaties to ensure that outer space does not become a contentious zone between countries. This article will begin by exploring the developments in outer space that have created a new space race. Then, it will discuss the Indo-Pacific conflict and why the current multilateral treaty strategy that is used in the region will not be effective in outer …

Change By Drips And Drabs Or No Change At All: The Coming Undrip Battles In Canadian Courts, Kevin Gray

American Indian Law Journal

The enactment of the United Nations Declaration on the Rights of Indigenous Persons (“UNDRIP”) into Canadian law has long been a goal for Indigenous groups in Canada. Its enactment has been entailed as potentially game changing. Commentators have argued that the incorporation of UNDRIP into Canadian law will produce a wholesale transformation of Canadian law, including providing a veto to Indigenous groups to development on their traditional lands and eliminating the doctrine of discovery. In this paper, I consider various arguments that have been advanced as to how UNDRIP may require changes to Canadian law. I argue, conversely, …

Toward A Tribal Role In Groundwater Management, Alexandra Fay

American Indian Law Journal

This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the move to mediation and the strategic work that brought the water districts to the table. The Article places this monumental case in context: in the history of colonization and tribal-state relations, the present climate crisis, and the State of California’s groundwater management regime. The Article ultimately outlines the present opportunity to reimagine the role of tribes in groundwater management.

Dual Taxation - Unbalanced And Arbitrary, Benjamin M. Simon

American Indian Law Journal

"Dual Taxation" in Indian Country happens when a state assesses taxes on private, non-tribal activities or transactions on tribal land in addition to taxes assessed by a tribe. Some analysts suggest that dual (or double) taxation puts tribal governments and citizens at a disadvantage, but the situation may be more nuanced. While dual taxation has been analyzed in depth from a legal perspective, this paper analyzes its economic consequences. With taxation, the stakes can be high. State tax revenues generated on tribal lands are revenues that tribes forgo collecting, limiting the tribal resources available for economic development and social programs. …

Oil, Indifference, And Displacement: An Indigenous Community Submerged And Tribal Relocation In The 21st Century, Jared Munster

American Indian Law Journal

Coastal land loss driven by erosion and subsidence, and amplified by climate change, has forced the abandonment and resettlement of the remote Louisiana Indigenous community of Isle de Jean Charles. This relocation, to a relatively ‘safer’ site inland has led to division among the residents and will inevitably cause irreparable damage to the culture and traditions of the Houma and Biloxi Chitimacha Confederation of Muskogees peoples who called this small, isolated island home. Driven to the water’s edge by European colonization of south Louisiana, this community developed a dynamic subsistence lifestyle based on agriculture, hunting, and fishing which survived undisturbed …

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

An update on American Indian case law from September 2021-October 2022.

Native American Intellectual Property Protection: Altering Federal Ip Law And The Indian Arts And Crafts Act To Aid Tribal Economic Development, Trey V. Perez

American Indian Law Journal

Native Americans tribes remain subject to an epidemic of poverty. Although tribal gaming has provided relief and a method of economic development for some groups, other tribes are unable to employ gaming to bring in revenue and grow out of poverty. One method to assist tribes that cannot use tribal gaming could be amending federal intellectual property law to better suit tribes needs and allowing them to better exploit the billion-dollar Native American arts and crafts industry.

Moreover, tribes are able to determine which artists qualify as “Indian” under the Indian Arts and Crafts Act, which leaves individual artists subject …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …