Law Commons^™

Administering Money: Coinage, Debt Crises, And The Future Of Fiscal Policy, Rohan Grey

Kentucky Law Journal

No abstract provided.

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

How Fair Workweek Laws Affect Labor Markets: A New York City Case Study, Joseph Pickens, Aaron Sojourner

Employment Research Newsletter

No abstract provided.

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

The Splintering Of “Catalyst Theory” In New York, Nancy Larcher

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Some of the New York Supreme Court, Appellate Divisions are now recognizing “catalyst theory” as a part of the New York State Equal Access to Justice Act (“EAJA”). To preserve the intent of the EAJA, it is time for the Court of Appeals to decide in favor of catalyst theory for litigants. Recently, the New York Supreme Court, Appellate Division, Third Department ruled in favor of Peter Markey, a disabled Navy veteran who sued New York State after they denied him rental assistance. The EAJA allows for plaintiffs to obtain attorneys’ fees when they prevail in certain actions against New …

Class Relations And The Law: A Model And Agenda For Research, Brishen Rogers

Law and Contemporary Problems

No abstract provided.

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

Structure And Legitimation In Capitalism: Law, Power, And Justice In Market Society, Yochai Benkler

Law and Contemporary Problems

This article introduces a new institutional political economy of capitalism that explains the distinctive dynamics that drive sustained productivity growth, recurring social dislocation, and persistent patterns of exploitation in modern market societies. It then analyzes the role of law in structuring social relations of production in capitalism and legitimating those structures so as to stabilize the asymmetric social relations they create. Law structures social relations of production by allocating control over labor, knowledge, natural resources, and technology, as used for purposes of both subsistence and market-oriented production, as well coordination and cooperation in labor and investment processes, access to means …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Law and Contemporary Problems

No abstract provided.

Law, Labor, And Identity, Chantal Thomas

Law and Contemporary Problems

No abstract provided.

Towards A Reconstructive Politics, K. Sabeel Rahman

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Diverse Legalities: Towards A Legal Theory For A Postcapitalist Political Economy, Amy J. Cohen, Stephen Healy

Law and Contemporary Problems

Law and political economy (LPE) scholars have revived a longstanding debate over the relationship among law, capitalism, and postcapitalist possibility. Is law a creature of capitalism, destined to reproduce its dynamics of exploitation and dominance? Or are there moments of indeterminacy in law that function specifically as openings to a postcapitalist elsewhere?

We enter this debate by posing a different question. Following feminist Marxist economic geographers J.K. Gibson-Graham, we ask what questions arise for LPE scholars if we begin instead with the presumption "that postcapitalist worlds are already here but have been cast into shadow by a singular economic framing …

Cardozo Law News Brief: October 31, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the October 31, 2025 Cardozo Law News Brief include:

The Perlmutter Center for Legal Justice secured the release of Ernest Taylor, who served 22 years in prison for a minor theft under outdated sentencing laws.

Professor Luís Carlos Calderón Gómez spoke to NBC News about the legal structure and valuation hurdles surrounding OpenAI’s nonprofit-to-for-profit transition.

Faculty news includes:

• Professor Gabor Rona chaired and spoke on two panels at International Law Weekend, including one with Professor Rebecca Ingber, focused on the legality of U.S. lethal strikes.

• Professor Edward Zelinsky’s ongoing litigation challenging New York’s remote tax rule was …

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The Key To Acquiring The Language Of Law, Science, And Technology In The Esl College Classroom, Patricia George-Hunter

Journal of English Learner Education

Since vocabulary plays a significant role in second language acquisition, expansive vocabulary targets should be set and pursued. This paper explores the results of introducing affixes to develop vocabulary and increase motivation for beginner to intermediate-level English language learners (ELLs) pursuing academic disciplines in law, science, and technology at a New York City community college. Participants included 23 ELLs with diverse linguistic, educational, and sociocultural backgrounds enrolled in an online synchronous Integrative Language Seminar (ILS) designed to develop all areas of English language proficiency. Pre‑, post‑, delayed tests, questionnaires, and post‑intervention interviews were conducted and analyzed to establish the language …

Press Release: Elisabeth Haub School Of Law At Pace University Honored Kenneth Chamberlain Sr. During Social Justice Week, Shannon Thyberg

Social Justice Week

The Elisabeth Haub School of Law at Pace University, in partnership with New York State Senate Majority Leader Andrea Stewart-Cousins and other dignitaries, on Wednesday honored the life and legacy of Kenneth Chamberlain Sr., a retired Marine and Westchester County corrections officer, with the dedication of the Kenneth Chamberlain Sr. Social Justice Reading Room.

The original article can be viewed here

Fall 2025 - Ai Gaslighting And Hallucinations, University Of Michigan Law School

Legal Tech Series

You've heard the horror stories about AI making stuff up. Learn about why this happens, why it's particularly important for lawyers to be aware of, and tips to avoid getting fooled.

Resources Covered: Westlaw CoCounsel, Lexis+ Protege, UM-GPT, Gemini, ChatGPT, maybe others... or maybe this is a hallucination

Host: Keith Lacy, JD, MLIS | Reference Librarian

As Above So Below: Vesting Pore Space Ownership With The Rights Of The Surface Estate, Shane D. Puente

Arkansas Law Notes

In 2023, the United States emitted an estimated total of 4,807 million metric tons (“MMTs”) of Carbon dioxide, with only a 0.2% decrease in 2024. These figures are simply not up for debate. What is often debated, however, is how (and if) the U.S. should be tackling these carbon emissions. Many would argue that the U.S. must increase its reliance on renewable energy and decrease its consumption of fossil fuels, which are major contributors of Carbon Dioxide and other Green House Gas (“GHG”) emissions. Others would argue that the best way to limit carbon emissions is to implement some form …

The Criminal Liability Provisions Of Artificial Intelligence (Ai) Actions, Fatmah Ali Al Dhanhani

Thesis/ Dissertation Defenses

This study aims to define the concept and levels of artificial intelligence (AI) to understand its legal nature, personality, and impact on criminal liability. It analyzes the current legal frameworks and examines existing legislation related to AI, assessing their ability to address issues concerning criminal responsibility for the actions of these systems. The study begins by defining the precise concept of criminal liability to understand how it can be applied in a technological environment. It then defines AI and explores its legal nature, to analyze current frameworks and evaluating how effectively they deal with questions of criminal accountability for AI’s …

Rightsizing Regulations To Foster Innovation And A Healthy Business Environment: Insights From Elite Executives, Brian Charles Mulligan, Nelson Granados

Engaged Management ReView

This study examines insights from business executives on how TRAILS—that is, taxes, regulations, assessments, interventions, litigation, and subsidies—influence entrepreneurial behavior and firm performance. Using an applied constructivist grounded theory design, we conducted 17 in-depth interviews to identify how top business executives view the effects of regulations on business performance. We adopt the premise that the right level and set of regulations lead to a healthier business environment. We find that right-sized TRAILS catalyze entrepreneurial dynamism, whereas wrong-sized TRAILS impose hidden opportunity costs, stifle innovation, and erode institutional trust. Crucially, the study reveals the vital role of the government as …

Integrating Doctrine & Diversity Speaker Series: Academic Freedom In Polarized Times: A Conversation With Three Law Deans 10-29-2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.