Law Commons^™

Mechanisms For Including Publics In Administrative Governance, Nina-Simone Edwards

Library Scholarship

This project’s fourth concept paper rethinks public participation in administrative processes. Although participation mechanisms are theoretically designed to enable those affected by regulations to influence their development, it is often extremely difficult for members of the public to meaningfully engage with agencies. After discussing institutional failures of current participation mechanisms, this report develops a set of principles to guide the redesign of public participation mechanisms. These include involving publics earlier in the process, building both public and regulatory capacity for meaningful, two-way communication, and reframing expertise as a public good.

The paper then proposes specific mechanisms to optimize communication between …

Designing Policymaking Mechanisms For Regulatory Dynamism, Nina-Simone Edwards

Library Scholarship

The project’s third concept paper focuses on the design of regulatory policymaking mechanisms that translate decisions about public values–such as “avoid deceiving consumers”–into operationalized forms that support iteration and experimentation. It outlines a set of foundational principles for a dynamic, effective regulatory toolkit that empowers regulators to act sooner, experiment, create governance seams, mandate beneficial friction, and extend regulatory authority in ways that mirror the scale and interdependence of digital supply chains.

To support this expanded regulatory toolkit, the paper recommends empowering regulators to mandate data flow restrictions, to develop design requirements for both user-facing and technical interfaces, to require …

Institutions And Economic Development, Ezra Rosser

American Indian Law Review

No abstract provided.

The Need For Law In Federal Indian Law: A Response To Maggie Blackhawk In Light Of The Supreme Court’S Troubling Term For Tribal Sovereignty, Nicholas B. Mauer

American Indian Law Review

No abstract provided.

Copyright Law And The Importance Of Protecting Your Publication, Cameron A. Cameron A. Parks Esq.

AADEJ - The Communicator

This piece provides an overview of copyright law as a crucial form of intellectual property protection in journalism and publishing. It explains that copyright automatically arises when an original work is fixed in a tangible form. While registration with the U.S. Copyright Office is not required, it offers stronger protection, the ability to sue for infringement, and statutory damages. The article outlines copyright terms (life of author plus 70 years, or 95/120 years for works made for hire) and notes that facts alone are not copyrightable, but the unique text style, sequence, and original photographs can be protected. It emphasizes …

Goncharov (1973), Internet Folklore, And Corporate Copyright, Stacey M. Lantagne Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

Goncharov (1973) is a meme, which is a term broadly used to refer to a species of viral internet creativity. Memes can be many different things, but Goncharov is an especially rich, complex, collaborative, and mutating one. It revolves around a movie that does not exist. Goncharov is a fictional Martin Scorsese film that the internet collectively pretends was produced in 1973. Over the course of a few feverish weeks in the fall of 2022, social media users, with no coordination and without knowledge of each other or the overall project, created a cast, storyline, soundtrack, reviews, fanfiction, and a …

And The Two Shall Become One: Conceptualizing The Right Of Publicity As The Nexus Of Trademark And Copyright Law, Alvin Zhang, J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

The right of publicity, which bars the unauthorized commercial use of a celebrity’s likeness, has become increasingly important in recent years. As generative artificial intelligence (AI) threatens to replace singers’ voices and actors’ appearances on screen, people are increasingly looking to the right of publicity to protect entertainers from exploitation.

Defining the right of publicity, however, is notoriously difficult. Since the right overlaps with both trademark and copyright law, circuit courts are currently split over whether to apply the trademark-based Rogers test or the copyright-based transformative use test.

This Note, in addressing this split, proposes a legal framework under which …

From Pickaninny To Superpredator To The Prison Pipeline: The Criminal Legal System’S Immunization To Black Children’S Pain, Brenita Softley

Seattle Journal for Social Justice

No abstract provided.

Sanctioned Cruelty: The Legal Endorsement Of Violence Against Slaves In Southern Courts, Evan Matthew Gelobter

Seattle Journal for Social Justice

No abstract provided.

Disability And Discrimination In Washington Jails: The Federal Judicial Loophole In Washington State Protections, Kyle Barnes

Seattle Journal for Social Justice

No abstract provided.

Examination Of The International Judicial Practice And Prospect In Relation To The Palestine–Israel Conflict: Following The Al-Aqsa Flood Operation, Sharefah A. Almahuna

Seattle Journal for Social Justice

This paper concerns the conflict in Gaza that started on the Seventh of October, 2023, and is ongoing. It intends to explain the judicial institutions that prevent and punish atrocity crimes, particularly the International Court of Justice (ICJ) and the International Criminal Court (ICC). Additionally, this paper provides an objective analysis of some controversial issues brought about by the conflict. It addresses issues of controversy by answering the following questions: first, why are both the ICJ and ICC involved in the current conflict in Gaza?; second, why does Israel argue that judicial proceedings should treat acts committed in Gaza as …

About The Authors, Sjsj

Seattle Journal for Social Justice

No abstract provided.

Masthead, Sjsj

Seattle Journal for Social Justice

No abstract provided.

Our Mission, Sjsj

Seattle Journal for Social Justice

No abstract provided.

Table Of Contents, Sjsj

Seattle Journal for Social Justice

No abstract provided.

Legal Scholar, Jeremiah Noonan

Seattle Journal for Social Justice

No abstract provided.

Works Of Audience, Works Of Authorship, And The Human’S Way Of Knowing, Michael Mactaggert

Seattle Journal for Social Justice

No abstract provided.

Art Law & The Law Of The Horse, Brian L. Frye

Seattle Journal for Social Justice

No abstract provided.

The Anti-Assimilationist Rage Of Ashley Elizabeth, Mk Zariel

Seattle Journal for Social Justice

No abstract provided.

Is The Promise Of Zora Neale Hurston’S Florida Lost?, Elizabeth Troutman

Seattle Journal for Social Justice

No abstract provided.

Sex, Desire, And Violence: Rape Is About Power, Narcissus

Seattle Journal for Social Justice

No abstract provided.

Victims As The Heart Of The Matter: The South African Amnesty As Promised In Practice, Ronald C. Slye

Seattle Journal for Social Justice

No abstract provided.

The Legal Intersectionality Of English Language Learners And Special Education Students: Ensuring Students Receive Mandated Services, Brett A. Geier

Seattle Journal for Social Justice

Students in the United States are afforded many rights and protections to ensure they receive an appropriate education. Supplemental programs that support academic achievement and social growth are common to eviscerate obstacles and equalize educational opportunities. Students who are disabled and students who qualify as English Language Learners are two categories that are entitled to receive state and federal financial and programmatic support. Despite being discrete programs, they have the potential to intersect so that students can qualify for both programs. For many reasons, though, these potentially dually qualifying students are often misidentified, leaving them underserved. There is a plethora …

Worker Protection Or Commercial Facilitation: The British Empire, Labor Governance And The Gradual Invisibilization Of Labor Coercion During The Age Of High Imperialism, Christopher Roberts, Michelle Ong

Seattle Journal for Social Justice

This article considers labor governance and coercive labor practices in the British Empire between the late nineteenth and early twentieth centuries. In particular, it focuses its attention on several major commissions of inquiry undertaken around the British Empire in the period, as well as reforms that took place alongside those inquiries. In part, the article concludes these reforms were motivated by protective purposes, demonstrating some degree of genuine concern with workers’ well-being. More significantly, however, it finds these reforms were motivated by British imperial desire to ensure stable labor supplies, enhance the legitimacy of the British Empire, and establish more …

California, Elizabeth Ford

Thin Blue Advantage: Police Exceptionalism and the Two-Tier System of Public Sector Collective Bargaining

In general, California may be the most hospitable state to public sector collective bargaining. The basic rules are far more favorable to placing matters within the scope of mandatory subjects than any other state. There are, however, serious differences in how police and non-police bargaining is treated.

• Choice of Forum for Police. Under California’s public sector collective bargaining law, most unions and employers must resolve their conflicts about the scope of bargaining through California’s Public Employment Relations Board (PERB). For police only, however, the parties can also bring the disputes to court.
• Los Angeles Labor Relations. The scope …

Illinois, Elizabeth Ford

Thin Blue Advantage: Police Exceptionalism and the Two-Tier System of Public Sector Collective Bargaining

As compared with other states, the Illinois Labor Relations Board (“ILRB” or “Board) is unusually protective of the right to bargain. The Board is more protective still of the ability of police unions to bargain over employer decisions. In the last several years in cases involving the Chicago Police Department, the Board has moderated somewhat by, in key cases, refusing to issue a decision but rather holding the matter “in abeyance.” A few highlights follow:

• Only Police Have the Right to Interest Arbitration. The Illinois Labor Relations Act requires police bargaining units to resolve contractual impasses through interest arbitration. …

U.S. Residents' Current Attitudes Towards Immigrants And Immigration: A Study From The Life In Hampton Roads Survey, Daniel K. Pryce

Sociology & Criminal Justice Faculty Publications

Immigration is a fiery topic in U.S. society, as it generally brings to a boil native-born citizens’ disparate attitudes toward immigrants and immigration. While immigration has its fierce supporters and opponents alike, the topic provides fodder for politicians who use it to stoke the fear of an impending “immigrant invasion” among citizens. This is why scholars must regularly undertake empirical studies to assess community members’ views about immigrants and immigration in U.S. society. To add to the contemporary immigration debate, I analyze data from a random sample of 610 respondents who reside in the seven cities that make up the …

Is The Defendant Mad Or Bad? The Association Between Mental Health, Race And Sex In Sentencing In Federal Courts, Tracy Sohoni, Sylwia Piatkowska, Briana Paige

Sociology & Criminal Justice Faculty Publications

Although US courts regularly sentence individuals with mental health problems, to date, there has been little research on whether mental health indicators are related to sentencing decisions. The focal concerns perspective suggests that sentencing decisions reflect perceptions of the blameworthiness of the defendant, concerns about protecting the community, and practical considerations. Potentially, mental health issues could serve as a mitigating factor in sentencing decisions by making defendants seem less culpable for their actions and more deserving of assistance rather than punishment, and/or due to concerns about practical considerations related to higher costs of incarceration or of exacerbating current mental health …

Incarceration Reimagined: A Diversionary Option For Serious Felony Offenders, Jane Mitchell

Kentucky Law Journal

No abstract provided.

Democratization Of The Private Markets?, Colleen Baker, Christina M. Sautter

Faculty Journal Articles and Book Chapters

U.S. initial public offerings are declining and the amount of private market assets under management are exploding. Simultaneously, the number of retail investors opening taxable brokerage accounts is increasing. Private market assets are hot. Everyone–both institutional and retail investors–wants in on the action. Yet considerations such as financial resources and U.S. securities laws make such investment less accessible for many retail investors. In this short article, we explore this changing investment landscape and, specifically, one development within this craze: retail investments in private company shares via closed-end funds (or CEFs).

Recently, CEFs like ARK Venture Fund and Destiny Tech100, Inc. …