Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 49

Full-Text Articles in Law

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre Dec 2020

Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre

Seattle Journal of Technology, Environmental & Innovation Law

The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.

The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …


The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. Dec 2020

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing …


The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk Dec 2020

The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk

Seattle Journal of Technology, Environmental & Innovation Law

Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more …


Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance Dec 2020

Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance

Seattle Journal of Technology, Environmental & Innovation Law

Over the last decade, multiple initiatives have proposed that California should secede from the United States. This article examines the legal aspects of California secession and integrates that analysis with findings from an empirical study of public perceptions of such secession. There is no provision in the United States Constitution allowing states, or other political or geographical units, to secede unilaterally. The Civil War was fought to uphold this principle, and the United States Supreme Court confirmed it in its 1869 Texas v. White decision. Nevertheless, numerous instances of secession, both legal and extralegal, have occurred across human history, and …


Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender Dec 2020

Afterword: Collective Knowledge Production Toward Transformative Social Change: A Community-Grounded Model, Steven Bender

Faculty Articles

No abstract provided.


Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.


Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey Oct 2020

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …


Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie Oct 2020

Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie

Seattle University Law Review

President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …


Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr. Oct 2020

Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.

Seattle University Law Review

This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.


“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter Oct 2020

“Don’T Move”: Redefining “Physical Restraint” In Light Of A United States Circuit Court Divide, Julia Knitter

Seattle University Law Review

To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer and more concise definition of physical restraint. Additionally, although there are many state-level sentencing systems throughout the United States, this Comment only focuses on the federal sentencing guidelines for robbery because of the disparate way in which these guidelines are applied from circuit to circuit.


The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley Oct 2020

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …


Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss Oct 2020

Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss

Seattle University Law Review Online

At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.

In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns Jul 2020

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review Online

No abstract provided.


Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines Jul 2020

Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines

Seattle University Law Review Online

No abstract provided.


Session 6: Innovating The Built Environment Post-Covid-19, Marc Palatucci, Richard Lyall, Timothy Harris, Steven Bender, Peter Smirniotopoulos, Ryan Mathesin Jun 2020

Session 6: Innovating The Built Environment Post-Covid-19, Marc Palatucci, Richard Lyall, Timothy Harris, Steven Bender, Peter Smirniotopoulos, Ryan Mathesin

SITIE Symposiums

ABSTRACT: Innovating the Built Environment for a Post-COVID-19 World

It would seem an act of academic malpractice to teach a course titled Innovating the Built Environment: How the Law Responds to Disruptive Change, and host an all-day symposium as an integral part of that course, and not endeavor to address the most-disruptive thing to happen to the built environment in more than 100 years: The coronavirus pandemic. This "disruption" to real estate is the proverbial elephant in the room. Hopefully, it will maintain a minimum six-foot distance from others as we address how it impacts the four Special Topics …


Session 5: Real Estate Tokenization, Joseph Vincent, Steven Bender, Peter Smirniotopoulos Jun 2020

Session 5: Real Estate Tokenization, Joseph Vincent, Steven Bender, Peter Smirniotopoulos

SITIE Symposiums

ABSTRACT: Is “tokenization” the next great leap forward needed to make homeownership more appealing to Millennials and Gen Z’s?

If single-family homeownership and time-sharing had a love child, what would it look like? Is it possible to adapt successful models for office sharing to homeownership so renters who lament not owning an appreciating asset could have a stake in “something” while not being tied down to one specific residential structure or a single geographic location, to make homeownership more attractive to younger generations? And, if so, does blockchain technology hold the key (pun intended) to fractional ownerships in real …


Session 4: Atlanta Beltline, Art Lansing, Rob Turner, Jim Langford, Kristen Lohse, Claire Martini Jun 2020

Session 4: Atlanta Beltline, Art Lansing, Rob Turner, Jim Langford, Kristen Lohse, Claire Martini

SITIE Symposiums

ABSTRACT: What Would it Take to Connect All of Greater Seattle’s Neighborhoods with Walking and Biking Trails?

Major U.S. cities have endeavored, independently of each other, over the past several decades to create greenway systems connecting residents and visitors with neighborhoods and attractions, increasing opportunities for walking and biking and reducing their reliance on vehicular traffic. Atlanta’s BeltLine--a twenty-two-mile loop of historic railroad right-of-ways encircling the city’s downtown and midtown areas, seeks to reinvent the city if transformed into a green corridor—is perhaps one of the best examples of how a Seattle Greenway might be accomplished (although Atlanta’s concerted …


Session 3: Virtual Luncheon Session, Student Submissions Jun 2020

Session 3: Virtual Luncheon Session, Student Submissions

SITIE Symposiums

A Working Lunch brainstorming discussion, moderated by Professor Smirniotopoulos, to discuss “What Comes Next?” in the context of Innovating the Built Environment: How the Law Responds to Disruptive Change.

Registered students in Prof. Smirniotopoulos’s Innovating the Built Environment course will take one-to-two minutes each to present their initial project ideas for their Final Projects in the course, as well as outlining and moderating a discussion of the Challenges and Opportunities presented by their ideas. Symposium participants are encouraged to set up lunch in front of their computers and participate actively in discussing each student’s project idea, providing relevant …


Session 2: Wework, Ryan Mathisen, Peter Smirniotopoulos, Paul Swegle Jun 2020

Session 2: Wework, Ryan Mathisen, Peter Smirniotopoulos, Paul Swegle

SITIE Symposiums

ABSTRACT: When Worlds Collide: How an 86-Year Old Federal Law (The Securities Act of 1933) Exposed the Flaws in WeWork’s “Innovative Business Model.”

Co-working pioneer WeWork, a wholly owned subsidiary of The We Company, grew meteorically through an extremely aggressive building and master-lease acquisition strategy over the past several years. Substantial, early stage funding from SoftBank, a Japan-based high-tech venture capital investment bank, reinforced WeWork’s unicorn status. But was WeWork’s business model truly unique, bringing with it the promise of a very profitable real estate operating company in the future? Or was it the company’s early stage, venture …


Session 1: Crew Seattle Presentation, Emily Alvarado, Jeanne Marie Coronado, Tory Laughlin Taylor, Colin Morgan-Cross Jun 2020

Session 1: Crew Seattle Presentation, Emily Alvarado, Jeanne Marie Coronado, Tory Laughlin Taylor, Colin Morgan-Cross

SITIE Symposiums

ABSTRACT: Is there Still a Place in Seattle for the Single-Family Detached Housing Typology, Given the Acute Need for Affordable Housing?

This expert panel will explore the intersection between existing zoning laws and well-established neighborhood patterns of development, on the one hand, and the acute need for the increased production and availability of affordable housing, in the greater Seattle area, including in and near the City of Seattle’s Central Business District, as well as other close-in employment centers, on the other hand. The genesis of this Special Topic in the Innovating the Built Environment SITIE2020 course came out of …


Opening Session, Annette Clark, Steven Bender, Peter Smirniotopoulos Jun 2020

Opening Session, Annette Clark, Steven Bender, Peter Smirniotopoulos

SITIE Symposiums

The SITIE2020 Symposium: Innovating the Built Environment was offered entirely online, through the Zoom platform. Each of six (6) symposium sessions, outlined below, were offered in a continuous Zoom session with breaks throughout the day, allowing our audience to select those sessions of greatest interest to them. Students enrolled in Professor Smirniotopoulos’s Summer Institute course—Innovating the Built Environment: How the Law Responds to Disruptive Change—participated all day.


Proceedings Of The Sitie2020 Symposium, Seattle Journal Of Technology, Environmental, And Innovation Law Jun 2020

Proceedings Of The Sitie2020 Symposium, Seattle Journal Of Technology, Environmental, And Innovation Law

SITIE Symposiums

Complete Summary of Proceedings.


Theorizing Racial Microaffirmations As A Response To Racial Microaggressions: Counterstories Across Three Generations Of Critical Race Scholars, Daniel Solórzano, Lindsay Pérez Huber, Layla Huber-Verjan Jun 2020

Theorizing Racial Microaffirmations As A Response To Racial Microaggressions: Counterstories Across Three Generations Of Critical Race Scholars, Daniel Solórzano, Lindsay Pérez Huber, Layla Huber-Verjan

Seattle Journal for Social Justice

No abstract provided.


The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal Jun 2020

The Balance Of Safety And Religious Freedom: Allowing Sikhs The Right To Practice Their Religion And Access Courthouses, Karamvir Dhaliwal

Seattle Journal for Social Justice

No abstract provided.


Narrative, Culture, And Individuation: A Criminal Defense Lawyer’S Race-Conscious Approach To Reduce Implicit Bias For Latinxs, Walter I. Goncalves Jr. Jun 2020

Narrative, Culture, And Individuation: A Criminal Defense Lawyer’S Race-Conscious Approach To Reduce Implicit Bias For Latinxs, Walter I. Goncalves Jr.

Seattle Journal for Social Justice

No abstract provided.


State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount Jun 2020

State V. Bassett: Washington Courts Can No Longer Sentence Juveniles To Die In Prison, Carolyn Mount

Seattle Journal for Social Justice

No abstract provided.


Examining Death Penalty Ballot Measures: A Review Of Austin Sarat’S The Death Penalty On The Ballot, Michael Conklin Jun 2020

Examining Death Penalty Ballot Measures: A Review Of Austin Sarat’S The Death Penalty On The Ballot, Michael Conklin

Seattle Journal for Social Justice

No abstract provided.


Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson Jun 2020

Decriminalizing Non-Appearance In Washington State: The Problem And Solutions For Washington’S Bail Jumping Statute And Court Nonappearance, Aleksandrea Johnson

Seattle Journal for Social Justice

No abstract provided.


Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud Jun 2020

Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud

Seattle Journal for Social Justice

No abstract provided.