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Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

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

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

G.I. Joe Behind Bars: Analyzing Military Sentencing Data, Sentencing Guidelines, And Court-Martial Reform, Sam Libby

Journal of Law and Policy

The National Defense Authorization Act for Fiscal Year 2022 required the military to restructure its court-martial sentencing procedures to more closely resemble those utilized in federal civilian court. Previously, either judges or court-martial panel members themselves determined an appropriate sentence based on their collective intuition without the aid of specific guidelines. Critics have argued that leaving sentencing in the hands of inexperienced panel members has led to large disparities between servicemembers, especially compared to federal court where the United States Sentencing Guidelines are the lodestar. All the while, no comprehensive dataset exists for researchers to determine the extent of variation …

Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning

Journal of Law and Policy

Since 1892, federal legislation has provided for the waiver of court filing fees so indigent plaintiffs can access the courts. In 1996, the Prison Litigation Reform Act amended the law. Citing an explosion in the number of prisoner filings (and ignoring the commensurate explosion in the size of the prisoner population), Congress sought to disincentivize prisoners from filing federal actions by denying them an outright waiver and instead requiring them to pay filing fees in installments. It also added a “three strikes” rule. Under the latter provision, if a prisoner files three or more actions or appeals that are dismissed …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

Aggregation And The “Universal” Injunction, Portia Pedro, Adam N. Steinman

Faculty Scholarship

In this Essay, we begin with a brief summary of the CASA decision’s holding regarding the availability of “universal” injunctions. Part II discusses the relationship between remedies and judicial review and the important role that such injunctions play in that regard. Part III explores how class actions could serve as an alternative path for federal courts, after engaging in judicial review, to make their decisions meaningful by requiring officials to comply with the law and to cease illegal actions or policies. We also respond to several objections to the use of class actions in this context. The final Part addresses …

Curbing Unsupported Claims In Mass Tort Litigation, Cary Silverman

University of Cincinnati Law Review

No abstract provided.

The Shadow Corroboration Doctrine In Sexual Violence Cases, Chris Cox

University of Cincinnati Law Review

No abstract provided.

The Federal Courts Jurisprudence Of Justice Clarence Thomas, Barnett J. Harris

Catholic University Law Review

In “Personal Precedent at the Supreme Court,” Professor Richard Re argues that Supreme Court justices tend to rely on their “previously expressed views of the law,” including their prior separate opinions when deciding new cases. Richard M. Re, Personal Precedent at the Supreme Court, 136 Harv. L. Rev. 824, 825–26 (2023). These “previously expressed views of the law,” which Re refers to as “personal precedent,” play an extremely important and previously unrecognized role in the development of the law. Re even contends that “though typically excluded from the law, personal precedent may actually be its building block.” Richard M. Re, …

Against The Single-Subject Rule For The Citizen Initiative, Jonathan L. Marshfield

UF Law Faculty Publications

The citizen initiative allows voters to bypass state legislatures and propose laws for a statewide referendum. It exists in twenty-four states but has national significance because initiatives drive reform on contested issues. Recently, courts have begun to clamp down on the initiative. One significant trend is the strict enforcement of the single-subject rule to strike initiatives when they are considered too broad. Although courts are notoriously inconsistent with the rule, they assert two reasons for aggressive enforcement. First, they claim the rule’s historic purpose is to prevent any form of “logrolling”—including any imaginable aggregation of public-regarding voting blocs. Second, courts …

Le Rôle Du Conseil D’État Dans L’Élaboration Du Droit, Joseph Chaoul

Proche-Orient, Études juridiques

The centenary of the Lebanese Conseil d’Etat, established in 1924 on the French model, offers an opportunity to reflect on its role in the development of law. This institution, which embodies the dual jurisdictional system characteristic of legal systems inspired by French law, has a dual mission – advisory and judicial – making it a central actor in the creation of law. In its advisory function, it provides the government with guidance on the legality and administrative advisability of draft texts. Through its judicial function, the Conseil d’Etat contributes to the formation of administrative law through its case law. …

Law School News: Rwu Names Richard "Dick" Sullivan '79 And Judge Lara E. Montecalvo As 2026 Honorary Degree Recipients 4-16-2026, Kelly Brinza

Life of the Law School (1993- )

No abstract provided.

Should Judicial Opinions Be Read Like Statutes?, Margaret H. Lemos

Northwestern University Law Review

Should judicial opinions be interpreted with an eye to their purpose, context, or the intent of their authors, or should interpreters focus on the ordinary meaning of the text? Opinions present the same sorts of interpretive puzzles as other legal texts, and yet they have been omitted from the debates over interpretive methodology that dominate the fields of constitutional and statutory interpretation. The omission is no accident: the Supreme Court has stated repeatedly—and with increasing frequency in recent years—that judicial opinions are not to be read like statutes. Yet neither courts nor commentators have explained why the principles that ground …

The Ex Parte Young Cause Of Action: A Riddle, Wrapped In A Mystery, Inside An Enigma, Andrew S. Oldham, Adam I. Steene, John W. Tienken

Northwestern University Law Review

Ex parte Young ushered in a new era of the American judicial system. Most famously, the decision allowed plaintiffs, in certain circumstances, to sue state officials without having to worry about sovereign immunity. Young’s other holding, though perhaps lesser known, is no less important: individuals, the Supreme Court held, have an equitable cause of action to sue government officials for injunctive relief.

Even today, that second holding remains something of a riddle. Did this cause of action always exist in American law? Or was it an invention of the Young Court? And, at any rate, does the Ex parte …

Article Iii's Constraints On The Legislative Power, Elizabeth Earle Beske

William & Mary Law Review

Article III’s heightened concreteness standard for statutory harms takes federal judges deep into legislative terrain, jeopardizing statutory damage provisions and confining Congress to post hoc solutions rather than preemptive strikes. The Supreme Court has insisted that creating a cause of action is a legislative function. At the same time, its recent standing cases instruct lower federal courts to permit suit on statutory injuries only when they find actual harm that bears a tight connection to injuries recognized at common law. This new harm requirement rests uneasily with countless statutes featuring statutory damage provisions that are in place precisely because damages …

Law School News: Isiah Dipina L'27: From Personal Experience To Policy Change 3-26-2026, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Does Textualism Constrain Supreme Court Justices?, James J. Brudney, Lawrence Baum

Northwestern University Law Review

A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on the ordinary meaning of enacted text leaves little room for the Justices to be policy-oriented or ideological in their interpretations. This Article represents the first systematic study probing the validity of the constraint hypothesis, one that employs both quantitative and qualitative analysis.

The Article examines the Justices’ reliance on interpretive resources in over 660 statutory decisions in the field of labor and employment, decided by the Burger Court, the Rehnquist Court, and the Roberts Court—during …

The Multi-Hatted Court: Community Courts As Boundary Organizations, Peter Dixon, Hadar Dancig-Rosenberg

Northwestern University Law Review

As a variety of the problem-solving court model, community courts have received significant scrutiny and debate. Do they help individuals by addressing the underlying needs that contribute to criminal behavior? Do they extend an unjust criminal legal system by making help conditional upon judicial involvement? This Article moves beyond such debates to ask how community court professionals and the communities who engage with them manage these and other tensions that are inherent to the model itself. As the second in a series of articles drawing on semi-structured interviews and focus groups with diverse stakeholders at the Red Hook Community Justice …

The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev

Northwestern University Law Review

Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …

Virtual Hearings, Tangible Consequences: Rethinking Remote Hearing Rules Adopted Amidst Pandemic Chaos, Elissa Jacob

University of Cincinnati Law Review

No abstract provided.

A Giving Tree Approach: Balancing Transparency And The Deliberative Process In Judicial Review, Anteo W. Chevere

Villanova Environmental Law Journal (1991 - )

No abstract provided.