Law Commons^™

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 …

Jurisprudence Of Problem-Solving Courts: A Study Of Structure, Success, And Sociological Theory, Lauren M. Boos

Graduate Student Theses, Dissertations, & Professional Papers

In response to the failures of mass incarceration and its disproportionate impact on marginalized communities, Problem-Solving Courts (PSCs) have emerged as alternatives to traditional prosecution. These courts employ therapeutic-informed and rehabilitative practices aimed at addressing the root causes of criminal behavior. While widely regarded as more effective than traditional courts, PSCs have developed largely without a formal theoretical foundation. This is notable given their alignment with Sociological Jurisprudence (SJ) and Therapeutic Jurisprudence (TJ), which view the legal system as a vehicle for promoting individual and community well-being.

Despite being celebrated as therapeutic innovations, PSCs often embody these principles unevenly. Using …

Ineligible Partners: Tribal Nations And Cooperative Federalism In The Historical Development Of National Forest Law And Policy, James H. Baker

Graduate Student Theses, Dissertations, & Professional Papers

Lands within the National Forest System (NFS), like all federal public lands, are rooted in Aboriginal Title and were once exclusively inhabited by Indigenous peoples and communities. Through the process of treaty-making, the federal government amassed millions of acres of ceded Tribal lands, many of which are now managed by federal public land agencies, including 194 million acres managed by the U.S. Forest Service (USFS). Several Tribes reserved various use and property rights on these lands that are protected by the U.S. Constitution’s Treaty and Supremacy Clauses. The federal government also has an overarching trust obligation to Tribes – a …

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 …

Ai And Doctrinal Collapse, Alicia Solow-Niederman

GW Law Faculty Publications & Other Works

Artificial intelligence runs on data. But the two legal regimes that govern data—information privacy law and copyright law—are under pressure. Formally, each regime demands different things. Functionally, the boundaries between them are blurring, and their distinct rules and logics are becoming illegible.

This Article identifies this phenomenon, which I call “inter-regime doctrinal collapse,” and exposes the individual and institutional consequences. Left unchecked, the data acquisition status quo favors established corporate players and impedes law’s ability to constrain the arbitrary exercise of private power. Through analysis of pending litigation, discovery disputes, and licensing agreements, this Article exposes two dominant exploitation tactics …

The Uptake Puzzle In Expungement Of Criminal Records, Jessica K. Steinberg, Elenore Wade

GW Law Faculty Publications & Other Works

Expungement has an uptake problem. A recent explosion of state-level rights allows people with felony convictions to expunge their criminal record, but only 1 to 6 percent of eligible people avail themselves of the remedy. Expungement is a powerful policy tool that promotes social and economic reintegration. It also serves a dignitary purpose, allowing people with criminal records to unshackle themselves from past mistakes. One might assume people would rush to court to clear their records. That the opposite is occurring—and new laws are idling on the books—suggests that rights-creation in this space has not been efficacious. This demands a …

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 …

Rules And Laws For Civil Actions 2026, Stella Burch Elias, Derek T. Muller, Jason Rantanen, Caroline Sheerin, Maya Steinitz

Books

Rules and Laws for Civil Actions is an open-access resource for law students containing the U.S. Constitution, Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, and selected federal and state statutes. The book was created by a team of faculty members at the University of Iowa College of Law to supplement the study of Civil Procedure, Evidence, Constitutional Law, and other law school courses. In addition to containing the official text, each legal source found in Rules and Laws for Civil Actions is accompanied by an introductory section written by an Iowa Law professor …

The Power Of Subnational Actors In Enforcement Of The Convention On Long-Range Transboundary Air Pollution, Wendy Erickson

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The Geneva Convention on Long-Range Transboundary Air Pollution (CLRTAP) was adopted in 1979 and continues to serve as the preeminent international framework for transboundary air pollution. The international community has used a range of multilateral and bilateral cooperative arrangements to address international movement of harmful pollutants. Each has had to contend with the issue of ensuring compliance among party States. CLRTAP faces challenges in addressing transboundary pollution in non-Western countries despite clear evidence that air pollution is harmful to human health and technological developments that enable more accurate tracking of pollutants. In the absence of a model assigning liability for …

Solving Standing Is Simply The Start: Climate Litigation Lessons Learned From The Evolution Of Rights Of Nature, Madeleine L. Kim

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

The global climate crisis continues to worsen. The Sixth Synthesis Report issued by the Intergovernmental Panel on Climate Change in 2023 unequivocally stated that “[w]idespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred” and that “[h]uman-caused climate change is already affecting many weather and climate extremes in every region across the globe.” This report expressly states that climate change has “led to widespread adverse impacts and related losses and damages to nature and people” and that the “projected adverse impacts and related losses and damages from climate change escalate with every increment of global warming." However, …

The Alien Tort Statute And U.S. Extraterritorial Jurisdiction: Legal And Economic Corporate Governance Implications Beyond Al Shimari V. Caci Int'l, Gabriel Richardson

Minnesota Journal of International Law, Vols. 28:2 onward (2019-present)

This note is divided into four overall parts. To continue with the academic dialogue regarding the ATS, the first part (Part I) deals with the historical overview and case law of the ATS, while contrasting the development of extraterritoriality in the United States with that abroad (particularly, Europe). More specifically, the first part is divided into two subparts—Subpart A provides a comprehensive background and historical legal overview of the ATS and Subpart B discusses the international trend, particularly in Europe, in extending legal mechanisms to hold corporations accountable beyond their borders, unlike the United States—which, again, was once at the …

Debt, Work, And The State, Kate Sablosky Elengold

Faculty Publications

In every state and the District of Columbia, an individual who owes a debt to the state can lose their license to work. Without the ability to make a living, it is much harder to pay off debt. Although using occupational license restrictions as a debt collection tool appears nonsensical, it has never before been the subject of scholarly debate. This Article thus begins an important conversation about debt, work, and the state.

This Article identifies the pervasive authority that state and local governments have to revoke an individual’s occupational license solely because that person owes a debt to the …

Text, Fairness, And Efficiency: The Case Against The Plausibility Standard For Affirmative Defenses, Jessica Marks, Marcus A. Gadson

Faculty Publications

Lower federal courts have struggled to answer the following question without any guidance from the U.S. Supreme Court: Does the Iqbal and Twombly plausibility standard apply to affirmative defenses? In this essay, we explain why the answer is no. We aim to provide practical guidance to the countless judges deciding whether to strike an affirmative defense. First, we argue that Rule 8’s text makes using the plausibility standard to evaluate affirmative defenses improper. Judges should pay especially careful attention to our textual analysis because the Supreme Court has placed great weight on the text’s plain meaning in recent civil procedure …

Flooding The Zone: The State Of Federal Flood Insurance At The Beginning Of Trump 2.0, Maggie Caudle, Jacob Dowler, Donald T. Hornstein

Faculty Publications

The risks of flooding in the United States have never been more apparent, making all the more significant the state of flood insurance and the legal and political volatility of the National Flood Insurance Program. In this Article we discuss the details of “Risk Rating 2.0,” the most significant change to federal flood insurance in half a century, and its legal and political future in the new world of Trump 2.0. And, in addition to describing the details of this new change to federal flood insurance, we describe its advantages and disadvantages in both the newfound political environment in which …

Government Lawyers, Ethical Dilemmas: The Case Of Herbert Wechsler And Japanese American Incarceration, Eric L. Muller

Faculty Publications

This essay examines ethical dilemmas facing government agency lawyers through two episodes from Herbert Wechsler’s wartime service as head of the DOJ War Division: overseeing the Supreme Court brief in Korematsu v. United States and administering the Renunciation Act of 1944 amid turmoil at the Tule Lake Segregation Center. In the Korematsu matter, Wechsler managed a brief that skirted the Army’s problematic “Final Report” claims (including shore-to-ship signaling), privileging institutional role fidelity over disclosure, and helping sustain a framework that justified mass removal of Japanese Americans. In the renunciation program, he chose to accept any “voluntary” citizenship renunciation regardless of …