Law Commons^™

Creating U.S. Catholicism, Gerard V. Bradley

Journal Articles

Reviewing, The World and Work of Father John J. Burke: A Mystic in Action by Douglas J. Slawson, St. Augustine's, 600 p, $36.

Human Rights Methodology For Clinical Instruction: Legal Theory And Interdisciplinary Practices To Realize Human Rights Outcomes, Diane Desierto

Journal Articles

The interdisciplinary fact-finding and analytical methodologies of global human rights law, when translated to experiential learning practices (e.g., in the form of human rights legal assessments that integrate international law with domestic law and inject rigorous plausibility evaluations of client claims applicable to global as well as domestic fora) can usefully enhance and expand United States law school clinical teaching practices and the transfer of practical lawyering skills. By teaching law students: (1) the wide range of available human rights factfinding and empirical tools; (2) the techniques for broad use and application of primary and secondary evidentiary sources; and (3) …

The Pathologies Of Revocation By Physical Act, Barry Cushman

Journal Articles

The power to revoke one’s will by physical act was enshrined in Anglo-American law in 1677 by the Statute of Frauds. It remains the law in Great Britain, in such developed Commonwealth countries as Canada, Australia, and New Zealand, and in each of the United States of America. Yet revocation by physical act creates numerous perplexities in the law, is badly out of phase with the law governing non-probate transfers, has become increasingly anomalous within the law of wills itself, and is in need of reform.

In a previous article, The Decline of Revocation by Physical Act, I documented …

Effects Of Perceived Procedural Justice On The Relationship Between Visa Application Outcome And Psychological Distress: Evidence From Ghanaians And Nigerians Applying For U.S. Student Visas, Harriet Swanzy-Baffoe

Masters Theses

Visa interviews are not just bureaucratic processes; they can have significant psychological effects on applicants. This study examined the impact of U.S. student visa outcomes on psychological distress among West African applicants, with particular attention to perceptions of procedural justice during the interview process. The study surveyed 203 Ghanaian and Nigerian individuals who had previously applied for a U.S. student visa. Psychological distress was measured using the Impact of Event Scale-Revised (IES-R), and perceptions of fairness were measured with a custom-developed Procedural Justice Scale. Independent samples t-tests showed that denied applicants reported significantly higher distress, although elevated symptoms were also …

The Executive Branch: Powers Of The President & Inaugurations, Wolf Law Library, William & Mary Law School

Library Book Displays

On display in the Wolf Law Library January - July 2025.

Carceral Bonds, Tyler E. Dougherty

Faculty Publications

Over the past 50 years, the U.S. financed a massive physical and fiscal expansion of prisons via the municipal bond market—with devastating results. This project is the first to shine a light on the role of municipal debt in state-level carceral decision making, spotlighting the ways that the municipal bond market affects states’ capacities to incarcerate.

This Article argues that the two primary controls of states’ use of the carceral bond market—(1) market discipline and (2) states’ fiscal constitutions—are particularly ineffective at limiting states’ spending on prisons. This failure to restrain states’ spending through the carceral bond market enables private …

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 …

Front Pages

American Indian Law Review

No abstract provided.

Institutions And Economic Development, Ezra Rosser

American Indian Law Review

No abstract provided.

Tribal Authority To Issue Search Warrants To Non-Tribal Entities Or On Non-Indian Land Within Reservation Boundaries, Ivy K. Chase

American Indian Law Review

No abstract provided.

Into The Jurisdictionverse: How Tangled Jurisdictional Lines Around Indian Country Thwart Attempts To End The Crisis Of Missing And Murdered Indigenous Women, Evan Gamble

American Indian Law Review

No abstract provided.

The Native Fight For Hunting Rights: The Crow Tribe And Herrera V. Wyoming, Jacob Lewis

American Indian Law Review

No abstract provided.

The “Arm” That Saves You Might Also Strangle You: The Impact Of Sovereign Immunity On Economic Arms Of Tribes And How It Could Affect Others’ Willingness To Contract With Them, Josh Pumphrey

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.