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2017

Seattle University School of Law

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Articles 1 - 30 of 175

Full-Text Articles in Law

Brief Of 40 Historians And The Fred T. Korematsu Center For Law And Equality, As Amici Curiae In Support Of Plaintiffs' Motion For Preliminary Injunction, Fred T. Korematsu Center For Law And Equality, Robert S. Chang Dec 2017

Brief Of 40 Historians And The Fred T. Korematsu Center For Law And Equality, As Amici Curiae In Support Of Plaintiffs' Motion For Preliminary Injunction, Fred T. Korematsu Center For Law And Equality, Robert S. Chang

Fred T. Korematsu Center for Law and Equality

No abstract provided.


Mission Statement Dec 2017

Mission Statement

Seattle Journal for Social Justice

No abstract provided.


About The Authors Dec 2017

About The Authors

Seattle Journal for Social Justice

No abstract provided.


General Info Page Dec 2017

General Info Page

Seattle Journal for Social Justice

No abstract provided.


Sjsj Masthead Dec 2017

Sjsj Masthead

Seattle Journal for Social Justice

No abstract provided.


Table Of Contents Dec 2017

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


The Foundations Of Modern Criminal Law And Gender Inequality, Catalina P. Correa Dec 2017

The Foundations Of Modern Criminal Law And Gender Inequality, Catalina P. Correa

Seattle Journal for Social Justice

Modern penal theory, like prevalent western theories of law, adopts a determined model of autonomy, one in which people are separable from social and family contexts. Taken to the criminal law context, this model proposes people can be defined without taking into account the social context. The use of prisons thus presupposes that individuals can be removed from their communities and families to be reeducated, readapted, treated or—in the retributive approach—simply punished. This notion of autonomy, however, hides from sight the group of people who not only maintain family ties with the men and women in prison, but who also, …


Open Access: A Means For Social Justice And Greater Social Cohesion, Nikos Koutras Dec 2017

Open Access: A Means For Social Justice And Greater Social Cohesion, Nikos Koutras

Seattle Journal for Social Justice

No abstract provided.


The Inequity Of The Patient Protection And Affordable Care Act: Over 4,200,000 Left Uninsured, Archie L. Roundtree Jr. Dec 2017

The Inequity Of The Patient Protection And Affordable Care Act: Over 4,200,000 Left Uninsured, Archie L. Roundtree Jr.

Seattle Journal for Social Justice

No abstract provided.


Cover Art By Sheila Pippin Dec 2017

Cover Art By Sheila Pippin

Seattle Journal for Social Justice

No abstract provided.


Stories At The Edge Of Class-- Marginalization In The Law School Experience, Susan Grover, Nikeshia Womack Dec 2017

Stories At The Edge Of Class-- Marginalization In The Law School Experience, Susan Grover, Nikeshia Womack

Seattle Journal for Social Justice

No abstract provided.


Restorative Justice And Retributive Justice: An Opportunity For Cooperation Or An Occasion For Conflict In The Search For Justice, Donald H.J. Hermann Dec 2017

Restorative Justice And Retributive Justice: An Opportunity For Cooperation Or An Occasion For Conflict In The Search For Justice, Donald H.J. Hermann

Seattle Journal for Social Justice

No abstract provided.


Diversion Not Deportation: Mitigating The Harsh Immigration Consequences Of Minor Crimes, Whitney C. Wootton Dec 2017

Diversion Not Deportation: Mitigating The Harsh Immigration Consequences Of Minor Crimes, Whitney C. Wootton

Seattle Journal for Social Justice

No abstract provided.


Amateurism Vs. Capitalism: A Practical Approach To Paying College Athletes, Dalton Thacker Dec 2017

Amateurism Vs. Capitalism: A Practical Approach To Paying College Athletes, Dalton Thacker

Seattle Journal for Social Justice

No abstract provided.


Faculty Masthead Dec 2017

Faculty Masthead

Seattle Journal for Social Justice

No abstract provided.


A Hell Of A Complex: The Miscarriages Of The Federal Hydropower Licensing Regime, Derek Red Arrow Frank Dec 2017

A Hell Of A Complex: The Miscarriages Of The Federal Hydropower Licensing Regime, Derek Red Arrow Frank

American Indian Law Journal

What you are about to read is an illustration of systemic racism. Systemic racism is the current effects of statutes and policies developed through a singular and racially-charged narrative. The current hydropower relicensing regime fails to acknowledge the overarching Treaty-reserved rights of American Indian tribes while statutorily granting state and federal authorities the power to prescribe mandatory conditions on hydropower projects. This fact remains constant whether the hydropower project is within or outside a tribe’s reservation or aboriginal territory. Specifically, the Hells Canyon Complex, which rests along the Snake River, has had and continues to have enormous impacts on fisheries …


Indian Sovereignty, General Federal Laws, And The Canons Of Construction: An Overview And Update, Bryan H. Wildenthal Dec 2017

Indian Sovereignty, General Federal Laws, And The Canons Of Construction: An Overview And Update, Bryan H. Wildenthal

American Indian Law Journal

No abstract provided.


The Sioux's Suits: Global Law And The Dakota Access Pipeline, Stephen Young Dec 2017

The Sioux's Suits: Global Law And The Dakota Access Pipeline, Stephen Young

American Indian Law Journal

The Sioux Tribe’s lawsuits and protests against the Dakota Access Pipelines (DAPL) received an incredible amount of international attention in ways that many Indigenous peoples’ protests have not. This article argues that attention exists because the Sioux Tribe has been at the epicenter of the Indigenous peoples’ rights movement in international law. Accordingly, they have invoked or claimed international human rights—particularly free, prior, and informed consent (FPIC)— to complicate, and perhaps destabilize, the DAPL’s development. However, the importance of their activism is not merely in claiming human rights.

Based upon a global map of law that involves multiple and overlapping …


Conservation Easements: A Flexible New Tool For Washington Tribes, A Case Study Of The Lower Elwha Klallam Tribe, David P. Papiez Dec 2017

Conservation Easements: A Flexible New Tool For Washington Tribes, A Case Study Of The Lower Elwha Klallam Tribe, David P. Papiez

American Indian Law Journal

No abstract provided.


Solution Before Pollution: Mining And International Transboundary Rivers In Southeast Alaska, Britany Kee’ Ya Aa. Lindley Dec 2017

Solution Before Pollution: Mining And International Transboundary Rivers In Southeast Alaska, Britany Kee’ Ya Aa. Lindley

American Indian Law Journal

No abstract provided.


By Any Means: How One Federal Agency Is Turning Tribal Sovereignty On Its Head, Clifton Cottrell Dec 2017

By Any Means: How One Federal Agency Is Turning Tribal Sovereignty On Its Head, Clifton Cottrell

American Indian Law Journal

No abstract provided.


Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills Dec 2017

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

American Indian Law Journal

The federal government’s trust relationship with federally- recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …


Motion Of Fred T. Korematsu Center For Law And Equality, Columbia Legal Services, And Washington Defender Association For Leave To File Amicus Curiae Brief In Support Of Respondent, Fred T. Korematsu Center For Law And Equality, Washington Defender Association, Columbia Legal Services Nov 2017

Motion Of Fred T. Korematsu Center For Law And Equality, Columbia Legal Services, And Washington Defender Association For Leave To File Amicus Curiae Brief In Support Of Respondent, Fred T. Korematsu Center For Law And Equality, Washington Defender Association, Columbia Legal Services

Fred T. Korematsu Center for Law and Equality

State of Washington v. Marvin Leo


Parameters Of Child Protective Services In The Commercial Sexual Exploitation Of Minors, Taliah Ahdut Oct 2017

Parameters Of Child Protective Services In The Commercial Sexual Exploitation Of Minors, Taliah Ahdut

Seattle University Law Review

The purpose of this Note is to critique the current paradigm in place for resolving the sex trafficking of youth in Washington and compare it to the current model utilized in Minnesota. The Minnesota model should be used to provide a framework for Washington to revise its current model because Washington’s current model allows for sexually exploited youth to be funneled in and out of the criminal justice system, limiting the chances for trafficked victims to reach out to members of the community for assistance. These changes could ultimately increase the opportunities for trafficked youth and position them in the …


Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck Oct 2017

Salmon With A Side Of Genetic Modification: The Fda’S Approval Of Aquadvantage Salmon And Why The Precautionary Principle Is Essential For Biotechnology Regulation, Kara M. Van Slyck

Seattle University Law Review

This Note seeks to address the issues concerning the FDA’s approval of genetically modified salmon for consumption, arguing that the FDA did not properly vet AquAdvantage salmon, as well as relied on inappropriate criteria in their approval of its market use. Part I provides a brief history of AquAdvantage salmon’s introduction to U.S. markets and the legal actions taken in response to the FDA ruling. Part II discusses the statutes and regulations fundamentally relevant to GE products, as well as a critique of the way each regulation was used to approve AquAdvantage. Part III offers a comparison to the European …


A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena Oct 2017

A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena

Seattle University Law Review

Individuals who have lost everything—their homes, jobs, and dignity—are often forced to live on the street. Those with no reasonable alternative can find themselves relying on the generosity of others just to survive. In response, citizens petition, legislatures enact, and officers enforce laws that criminalize signs of visible poverty. Municipalities have made considerable attempts to remove visible poverty from their cities by drafting legislation that disproportionately punishes people experiencing homelessness. This Note focuses on a particular subset of such legislation, laws that criminalize panhandling. Section I of this Note provides an overview of the First Amendment and the protection of …


Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji Oct 2017

Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji

Seattle University Law Review

This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient …


3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim Oct 2017

3d Bioprinting Patentable Subject Matter Boundaries, Tabrez Y. Ebrahim

Seattle University Law Review

3D bioprinting combines emerging 3D printing technologies with synthetic biology. The promise of 3D bioprinting technology is to fabricate organs for transplantation, treat burn victims with in vivo skin repair, and create wearable microbiomes. 3D bioprinting can successively build, repair, or reproduce living human cells. This capability challenges eligible subject matter doctrine in U.S. patent law because the law has no brightline standard for patent eligibility for nature-based products. As 3D bioprinting technologies mature, U.S. patent law will need to respond to situations where living and nonliving worlds merge. This Article proposes a “Mixed-Scanned-Transformed” standard to supplement U.S. patent law’s …


The Excited Utterance Paradox, Steven Baicker-Mckee Oct 2017

The Excited Utterance Paradox, Steven Baicker-Mckee

Seattle University Law Review

Based on nothing more than John Henry Wigmore’s personal belief that a witness under the throes of excitement is unable to fabricate an untruthful statement, the excited utterance exception allows parties to present out-of-court statements to the jury or judge without any of the safeguards the judicial system uses to promote honest and accurate testimony. This Article collects and examines much of the scientific evidence bearing on Wigmore’s premise and identifies two paradoxical conclusions that undermine the exception. First, the premise itself is unfounded; science absolutely does not support the notion that a witness is incapable of lying while emotionally …


Uber, Lyft, And Regulating The Sharing Economy, Brett Harris Oct 2017

Uber, Lyft, And Regulating The Sharing Economy, Brett Harris

Seattle University Law Review

The “sharing economy” goes by many names such as the “gig economy,” the “1099 economy,” and the “on-demand economy,” all of which describe the economic system that uses online platforms to connect workers and sellers with clients and consumers, primarily through smartphone applications. Many of the sharing economy companies are also called the “tech disruptors.” They earned this title because they have changed the way that people do business. But in changing the way that people do business, they have also created unique regulatory challenges for governments across the country. The news is rife with stories about when these regulations …