Conflict of Laws Commons^™

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis

2025 Event Invitations

Join us for an inspiring conversation with three extraordinary individuals who have turned painful histories into catalysts for change:

• Tamara Meyer – daughter of German Jewish Holocaust survivors who now builds dialogue and healing across generational trauma
• Arno Michaelis – former leader in the White nationalist movement, who now works to prevent radicalization and promote compassion
• Daryl Davis – Black musician and racial justice advocate known for fostering friendships with members of the Ku Klux Klan, confronting hate with curiosity

The Presumption Against Extraterritoriality And Wire Fraud, L. Jackson Howell Jr.

Fordham Law Review

As globalization and technology increasingly blur geographic boundaries, federal prosecutors have turned to the wire fraud statute as a powerful tool for targeting transnational misconduct. Despite its popularity in international fraud prosecution, the statute’s application to foreign conduct continues to raise unresolved and pressing questions under the presumption against extraterritoriality. Specifically, courts have struggled to identify when a domestic wire communication is sufficient to bring a largely foreign fraudulent scheme within the reach of U.S. law. With the U.S. Supreme Court silent on the wire fraud statute directly, and zigzagging in its extraterritoriality jurisprudence more generally, lower courts are split …

Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa Pancaputri

Indonesian Notary

State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …

Kukin Program For Conflict Resolution Presents The Documentary Screening Of Centered: Joe Lieberman, Kukin Program For Conflict Resolution

2025–2026 Flyers

In an era where the pollical divide seems wider than ever, Lieberman's story is more urgent and relevant every day. The film explores this life a career in ways that challenge to think about the future of democracy and how we can find ways to work together. No matter our differences.

Documentary Screening Centered: Joe Lieberman, Kukin Program For Conflict Resolution, Rachel Greenberg, Clarine Nardi Riddle, Matt Lieberman

2025 Event Invitations

Join us for a special screening of a documentary focusing on the life and career of the late Senator Joe Lieberman.

Centered brings to life the remarkable journey of Joe Lieberman, the late Senator who made history as the first Jewish Vice-Presidential candidate—and nearly changed the course of American politics. Ever a trailblazer, Lieberman was known for his humor, his independence, and for prioritizing what he believed to be right — sometimes earning the ire of his longtime colleagues. In an era where the political divide seems wider than ever, Lieberman’s story is more urgent and relevant every day. The …

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.

Chapter 9 Bankruptcy: The Solution That Causes Problems, Peter C. Alexander

Brooklyn Journal of Corporate, Financial & Commercial Law

There is a little-known form of bankruptcy called a “Chapter 9,” reserved for insolvent cities, villages, and other municipalities. Occasionally, one reads about a city or a county that has filed for Chapter 9 relief, like Detroit, Michigan, or Orange County, California; however, it is very hard to file a Chapter 9 case, in part, because existing law requires a municipality to obtain permission from its home state before it can file for relief in the U.S. Bankruptcy Court. An additional constraint is that the only option municipalities have when seeking bankruptcy relief is to file a Chapter 9 because …

Asylum Eligibility: A Circuit Split Between The Second And Fourth Circuits Based Upon Death Threats Rising To The Level Of Persecution Per Se, Taylor Cochran

West Virginia Law Review

Asylum eligibility requires applicants to satisfy a three-pronged set of requirements in order to be granted admission into the United States. In a July 2024 decision, the Second Circuit court issued a decision that challenged a line of precedent established by the Fourth Circuit—specifically examining whether death threats rise to the persecution threshold set by the Immigration and Nationality Act (“INA”). The Second Circuit now holds that the receipt of death threats alone is insufficient to establish persecution, thereby making alien petitioners who have received such threats ineligible for asylum or related forms of relief from removal. In contrast, the …

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Koeksistensi Hukum Adat Dan Hukum Negara Dalam Perlindungan Hutan Adat Di Desa Adat Tenganan Pegringsingan Karangasem Bali, Made Suwitra

Jurnal Hukum & Pembangunan

Tenganan Pegringsingan Traditional Village is one of the Traditional Villages classified as Bali Mula/Bali Aga/Bali Tua Traditional Village in Karangasem Regency and the only traditional village that controls customary forests as village customs. Since 2019, with the issuance of the Decree of the Minister of Environment and Forestry of the Republic of Indonesia No. 1546/MENLHK-PSKL/PKTHA/KUM.1/2/2019, it has emphasized the recognition and respect for the right to manage and utilize customary forests, both as a production function and as a protection function. So the existence of Customary Villages as a legal entity in the management and utilization of village customary customs …

Public Policy And The Refusal To Enforce Foreign Arbitral Awards: A Comparative Analysis Of France, Singapore, And Vietnam, Phan Hoai Nam

Indonesian Journal of International Law

The multilateral frameworks governing the recognition and enforcement of arbitral awards, such as the 1958 New York Convention, along with the domestic laws of most states, are generally designed to promote the efficient enforcement of foreign arbitral awards. However, practical experience reveals inconsistencies in its application. While many states adhere to international principles, some - despite being signatories to the Convention - have exploited the broad concept of public policy to unjustifiably refuse enforcement within their jurisdictions. Conversely, other states have adopted a more restrictive approach, limiting the public policy exception to ensure predictability in enforcement. This article focuses on …

Sosiologi Hukum Dan Perubahan Sosial: Studi Kasus Uu No. 35 Tahun 2014 Tentang Perlindungan Anak Sebagai Respon Terhadap Kesadaran Sosial Yang Meningkat Akan Hak Anak, Fahrul Rozi

Jurnal Hukum & Pembangunan

Dalam konteks sosial yang dinamis, kesadaran akan hak anak telah meningkat, terlihat dari perhatian masyarakat terhadap isu-isu seperti kekerasan, eksploitasi, dan diskriminasi. Meskipun UU No. 35 Tahun 2014 memberikan kerangka hukum yang kuat untuk melindungi hak-hak anak, tantangan dalam pelaksanaannya masih ada, termasuk kurangnya sumber daya dan koordinasi antar lembaga. Anak jalanan, sebagai kelompok yang paling rentan, sering kali terjebak dalam siklus kemiskinan dan stigma sosial, yang menghambat upaya perlindungan. Menekankan pentingnya edukasi dan sosialisasi mengenai hak anak, serta peran aktif masyarakat dan media dalam mendukung perlindungan anak. Dengan kolaborasi antara pemerintah, masyarakat, dan lembaga swadaya masyarakat, diharapkan hak-hak anak …

Taking The Road Less Traveled Makes All The Difference: The Tenth Circuit Applies The Collateral Order Doctrine Narrowly—And Properly—In Coomer V. Make Your Life Epic Llc, Paul Cooke

Villanova Law Review (1956 - )

No abstract provided.

How Far? The Territorial Scope Of Cultural Heritage Protection, Marketa Trimble

Media & Informal Publications

Professor Trimble delivered a presentation at the conference "Botticelli v. Warhol: Comparative Perspectives on the Use of Cultural Heritage Images", hosted in Florence, Italy by the University of Florence, University of Stockholm, European University Institute, and Soprintendenza Archeologia Belle Arti e Paesaggio di Firenze, Pistoia e Prato.

A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy

Villanova Environmental Law Journal (1991 - )

No abstract provided.