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Full-Text Articles in Civil Law

Masthead Aug 2026

Masthead

Seattle University Law Review

No abstract provided.


Table Of Contents Aug 2026

Table Of Contents

Seattle University Law Review

No abstract provided.


Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King Aug 2026

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …


Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous Aug 2026

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …


Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young Aug 2026

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …


Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González Aug 2026

Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González

Seattle University Law Review

This Survey is intended to serve as a resource which Washington lawyers, judges, law enforcement officers, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. As the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are discussed.

Most of the Survey cases involve the Washington …


Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell Aug 2026

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …


The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser Aug 2026

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …


Bibliographie De Droit Privé, Ibrahim Najjar Jul 2026

Bibliographie De Droit Privé, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.


Le Conflit Entre Deux Acquéreurs Successifs D'Un Même Immeuble, Serge Najjar Jul 2026

Le Conflit Entre Deux Acquéreurs Successifs D'Un Même Immeuble, Serge Najjar

Proche-Orient, Études juridiques

No abstract provided.


Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap Jul 2026

Stop Blaming My Users: Illumination Of The Technocentric Mythos Bias, Ervin H. Frenzel, Richard Lightcap

Journal of Cybersecurity Education, Research and Practice

 Abstract -This conceptual essay addresses the need for systemic and systematic transdisciplinary analytical techniques within cybersecurity and technical security. This conceptual essay is contingent upon recognition that cybersecurity is not simply technical in nature, it does not need an adversary, and more importantly it is based upon systems engineering and systems thinking.  The essay contributes a socio-technical attribution chain and field-specific ontology/taxonomy which distinguish user-triggered events from root causes, latent conditions, technical debt, validation failures, governance failures, and attribution bias before assigning responsibility to end users. It systematically defines an ontology inclusive of developer technical debt, organizational debt arising from …


Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum Jul 2026

Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum

Jurnal Hukum & Pembangunan

The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …


Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia Jul 2026

Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia

Jurnal Hukum & Pembangunan

Under Article 1457 of the Indonesian Civil Code, a sale and purchase agreement creates reciprocal rights and obligations between the parties. In Indonesian land law practice, however, transactions involving customary land (tanah ulayat) present legal complexities due to its communal nature and governance by indigenous law communities, coupled with the absence of explicit regulation in the Civil Code and the plurality of customary law systems. This research examines the legal position and juridical implications of tanah ulayat sale and purchase agreements within Indonesian civil law while acknowledging the continued applicability of customary law. Employing a normative legal research method with …


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam Jul 2026

The Other Right To Counsel: The Civil Guarantee In State Constitutions, Dmitry Bam

Maine Law Review

When most people speak of the right to counsel, they speak in the singular. After the Supreme Court’s seminal decision in Gideon v. Wainwright, the right to counsel in criminal prosecutions has become one of our most cherished fundamental rights. It is a right ingrained in our culture. Even children can recite the mantra that the accused have the right to a lawyer, and if they can’t afford a lawyer, one will be provided to them free of charge. It is no surprise, then, that our constitutional focus is trained on the criminal defendant’s right to counsel. After all, there …


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Jul 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


Advocacy Matters, Richard Collins Jun 2026

Advocacy Matters, Richard Collins

American Indian Law Journal

The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …


Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan Jun 2026

Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan

American Indian Law Journal

The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …


Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer Jun 2026

Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer

American Indian Law Journal

This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …


The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas Jun 2026

The Federal Trust ​​​Responsibility ​And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations​​​ ​, Sofia Sallas

American Indian Law Journal

Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …


Table Of Contents Jun 2026

Table Of Contents

American Indian Law Journal

No abstract provided.


Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson Jun 2026

Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson

American Indian Law Journal

Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …


September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser Jun 2026

September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


2025, Richard Delgado Jun 2026

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025