A Proposed Uniform System For Title Ix-Compliant Revenue Sharing In A New Era Of Intercollegiate Athletics, Jackson Schneider

DePaul Journal for Social Justice

Revenue sharing between colleges and universities and their student-athletes marks one of the most significant developments in the NCAA’s nearly 120-year history. House v. NCAA and its subsequent settlement enabled many Division I colleges and universities to begin sharing revenue directly with student-athletes in 2025. However, the House Settlement leaves a critical question unanswered: whether revenue sharing must comply with Title IX requirements. In the absence of judicial, legislative, or executive guidance, colleges and universities possess nearly complete discretion as to the amount of revenue to share, how to share it, and with whom to share it. This discretion creates …

Corporate Employment And The First Amendment Shield Against Anti-Dei Legislation, W. Mary Blee

Brooklyn Journal of Corporate, Financial & Commercial Law

No one would have thought that a Supreme Court ruling striking down affirmative action in higher education would affect private employment. However, the ruling in Students for Fair Admissions v. Harvard did exactly that. Corporate employers’ efforts to foster diversity, equity, and inclusion (DEI) were immediately pushed to the forefront of the political battlefield. In the eyes of Republican lawmakers and politicians, DEI efforts were akin to affirmative action, and therefore unconstitutional in the wake of Harvard. Their solution to this problem involved passing anti-DEI legislation and policies which restricted or eliminated employer’s DEI efforts under the guise of upholding …

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …

Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen

Seattle University Law Review

The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Seattle University Law Review

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger

Seattle University Law Review

There has been a seismic shift in American attitudes toward the free flow of data across borders.  In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman

Seattle University Law Review

This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …

Table Of Contents

Seattle University Law Review

Table of Contents

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

The Field Of International Business Transactions Law, Kathleen Claussen

Seattle University Law Review

This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li

Seattle University Law Review

This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …

Testimony Of Professor Zalman Rothschild Before The House Subcommittee On Early Childhood, Elementary, And Secondary Education Regarding Mahmoud V. Taylor, Zalman Rothschild

Testimony

On February 10, 2026, Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion at the Benjamin N. Cardozo School of Law, testified before the House Subcommittee on Early Childhood, Elementary, and Secondary Education of the House Committee on Education and Workforce. His testimony addressed the Supreme Court’s decision in Mahmoud v. Taylor and its implications for parental rights, religious liberty, public education, vaccination mandates, and compulsory schooling.

Professor Rothschild situates Mahmoud within the broader constitutional tradition shaped by Pierce v. Society of Sisters, West Virginia Board of Education v. Barnette, and Wisconsin v. Yoder …

Volume 14 Masthead

American Indian Law Journal

No abstract provided.

Table Of Contents

American Indian Law Journal

No abstract provided.

Native History Is United States History: How United States History Censorship Leads To Passive Acceptance Of Racial Discrimination And Furthers The Decline Of Tribal Sovereignty, Nickolasa A. Jackson

American Indian Law Journal

Native stories are embedded in the United States Constitution, property law, and the nation’s legal and political framework, but education frequently omits these truths. Such erasure perpetuates misunderstanding, invisibility, and hostility toward Native communities, obscuring the reality that the United States was built through the dispossession, coercion, and suffering of Indigenous Peoples. Whitewashing history has allowed the nation to claim moral virtue and industriousness while denying the foundational role of Indigenous Peoples. The Article emphasizes that Native rights, whether land, water, or other treaty-protected entitlements, as well as inherent rights such as tribal sovereignty, are not charitable or discretionary; they …

Salay V. Slovakia: A Contemporary Case On Educational Discrimination Against The Romani People, Sara Apostol

Human Rights Brief

In February of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma student who brought an anti-discrimination case against the Slovak government for discriminatory educational placement based on race. The case focused on an unjust system that placed Roma children in classes intended for individuals with disabilities.

The Disability History Of Brown V. Board Of Education, Britney R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

In 1952, two years before the Supreme Court of the United States decided Brown v. Board of Education, Black deaf students in Washington, D.C., who had been prohibited from attending the local school for white deaf students and forced to go to school in Maryland, won the right to be educated in their hometowns in Miller v. Board of Education of District of Columbia. Brown is heralded as one of the most important racial justice cases of all time. It overturned Plessy v. Ferguson’s longstanding “separate but equal” mandate and ruled that the segregation of students based …

The Broken Promise Of The Idea: How Delays And Disparities Undermine Special Education Rights, Silvia C. Montiel Morales

Washington and Lee Journal of Civil Rights and Social Justice

The Individuals with Disabilities Education Act (IDEA) was enacted to guarantee children with disabilities the right to a free appropriate public education. In practice, that promise is too often broken. Students, especially those from low-income families and communities of color, wait months or years for evaluations, attend underfunded schools that lack qualified staff, and face systemic barriers to enforcing their rights. Meanwhile, families with resources can sidestep delays through private testing, attorneys, and advocacy, leaving others behind. This Note examines how systemic delays, underfunding, and inequities in special education services undermine children’s rights under the statute. It argues that these …

The Social Promise Of Hybrid Entities, Frederick M. Spight Jr.

American University Business Law Review

Many Historically Black Colleges and Universities (HBCUs) are struggling to stay afloat. These historic, and historically underfunded, institutions suffer from a chronic shortage of resources, leading to the notable closures of schools, like Concordia College. Some critics question the modern place of the HBCU as a relic of a bygone era. This article argues, however, that HBCUs are worth sustaining and provides the legal tool to do so: the hybrid entity. 

Hybrid entities arose from the social enterprise movement, which sought to harness the power of both nonprofit and for-profit organizations. Operating under the philosophy of “doing well, while doing …

The Freedman's Savings Bank And Financial Literacy Education, Alexis Ann Ballance

Law Student Publications

In the United States, white, non-Hispanic individuals possess approximately seven times the wealth of Black individuals. One recent study found that for every 100 dollars in wealth held by a white household, a Black household holds about fifteen dollars. This disparity in wealth accumulation is referred to as the wealth gap, and it has historically stratified along racial lines. Although income inequality contributes to this disparity, the racial wealth gap is much more pronounced and continues to grow. ...

Building Shields: Accreditation, Insurance, And Public-Private Partnerships As Tools To Safeguard Critical Race Theory And Democracy In Higher Education, Taifha Natalee Alexander

Faculty Publications

(Excerpt)

Following the racial justice uprisings of 2020, universities have become increasingly vulnerable to coordinated political campaigns aimed at dismantling antiracist teaching, training, and research. These attacks, ranging from legislative bans on Critical Race Theory (“CRT”) to executive efforts to dismantle the U.S. Department of Education, expose the fragility of higher education’s role as a guardian of democratic pluralism. This Essay demonstrates that universities cannot rely solely on moral suasion or First Amendment litigation to resist these escalating, structural assaults. Instead, colleges and universities must build a multilayered legal strategy that renders the teaching of CRT and the pursuit of …

Justice In Erotic Spaces, Elena L. Cohen

Cardozo Journal of Equal Rights & Social Justice

This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …

Breaking The Perpetual Social Injustice Cycle By Implementing Race-Neutral Alternatives As A Means To Create Equitable Admissions Practices In Higher Education, Jazmin B. C. Jardim-Phipps

Cardozo Journal of Equal Rights & Social Justice

The article argues that higher education institutions can still achieve the compelling state interest of diversity while complying with the Students for Fair Admissions (SFFA) rulings by replacing race-based admissions with narrowly tailored, race-neutral alternatives. It proposes a model that redefines merit and prioritizes socioeconomic and first-generation status while eliminating legacy preferences to break cycles of systemic social injustice.

The Un-Bridged Pipeline: Leading And Preparing Women Of Color To Senior-Level Higher Education Administration, Jacqueline D. Slater

UNF Graduate Theses and Dissertations

Despite increased educational attainment among Black women, representation in senior‑level leadership positions within higher education remains limited. This qualitative study examines the experiences of Black women who serve or have served in senior‑level academic administrative roles and explores how those experiences inform guidance, preparation, and decision‑making for future Black women leaders. The study focuses on practical barriers, workplace realities, and strategies that shape leadership entry, advancement, and retention.

Using a descriptive case study design, five Black women with professional experience as presidents, provosts, vice provosts, and academic deans participated in semi‑structured interviews lasting 45 to 75 minutes. Purposeful sampling ensured …

Campus Crises And The Limits Of Title Vi, Suzanne B. Goldberg, Olatunde C.A. Johnson

Faculty Scholarship

This Piece examines the deployment of Title VI of the Civil Rights Act of 1964 as a mechanism for regulating campus conflict following the 2023 to 2024 campus protests and seeks to reset the discourse in light of the statute’s history, doctrine, and role in higher education. Title VI is an important tool for addressing identity-based harassment, epithets, and violence between students, but it is neither designed nor effective as a tool for negotiating clashes between universities’ cornerstone commitments to robust debate and an optimal learning environment for all students. In converting the statute from a source of protection against …

Self-Determination Through Children's Rights: Resisting The Paradoxical Pretext Of Parents' Rights Legislation, Jeremiah Chin

Washington Law Review

Washington state law balances the interests of parents and the state in education, healthcare, and the general wellbeing of children. Despite the fact that children are at the center of emerging controversies, children’s rights are rarely discussed in state legislation debating the obligations and relationships between the state of Washington and parents. In education, for example, RCW 28A.605.005 finds “[p]arents are the primary stakeholders in their children’s upbringing.” While this may be true relative to the state, it overlooks the fact that children are the primary actors, agents, and rights bearers in their own personhood. This Article therefore considers ongoing …