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Full-Text Articles in Criminal Procedure

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni Jan 2023

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …


“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki Jan 2023

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …


The Post-Shelby Southern Struggles, Marla Zappa Jan 2023

The Post-Shelby Southern Struggles, Marla Zappa

Public Interest Law Reporter

No abstract provided.


Crimes Of Suspicion, Lauryn P. Gouldin Jan 2023

Crimes Of Suspicion, Lauryn P. Gouldin

Emory Law Journal

Requiring that officers have suspicion of specific crimes before they seize people during stops or arrests is a fundamental rule-of-law limitation on government power. Until very recently, the Supreme Court studiously avoided saying whether reasonable suspicion for street and traffic stops must be crime specific, and lower courts are sharply divided as a result. Statements made in Kansas v. Glover that the Fourth Amendment requires reasonable suspicion of a “particular crime” or of “specific criminal activity” may reflect an effort to rehabilitate this foundational principle, but crime specificity was not the Court’s focus in Glover. Meanwhile, Fourth Amendment scholars, even …


Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt Jan 2023

Taking The Knee No More: Police Accountability And The Structure Of Racism, David Dante Troutt

Washington and Lee Law Review

From before the birth of the republic to the present day, police brutality has represented a signature injustice of state authority, especially against African Americans. Defining that injustice is the lack of accountability for official misconduct. The rule of law has systematically failed to deter lawbreaking by its law enforcement departments. This Article explores the various legal and institutional means by which accountability should be imposed and demonstrates the design elements of structured immunity. Using Critical Race Theory and traditional civil rights law notions of how structural racism operates, this Article argues that transformative change can only come about through …


Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers Jan 2023

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …


Table Of Contents, Public Interest Law Reporter Jan 2023

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Last Stand For Union Power, Laura Christensen Garcia, Danya Moodabagil Jan 2023

The Last Stand For Union Power, Laura Christensen Garcia, Danya Moodabagil

Public Interest Law Reporter

No abstract provided.


An Examination Into The Physical And Sexual Abuse Of Children In Juvenile Detention Centers, Claudia Cornejo Jan 2023

An Examination Into The Physical And Sexual Abuse Of Children In Juvenile Detention Centers, Claudia Cornejo

Public Interest Law Reporter

No abstract provided.


Chicago's War On Crime, Madison Flores Jan 2023

Chicago's War On Crime, Madison Flores

Public Interest Law Reporter

About one in five U.S. adults say they or someone close to them has had a personal experience with gun violence.1 Seventy-one percent of Americans also believe gun laws should be stricter.2 Most people favor a federal law preventing people with mental illnesses from purchasing guns and a smaller percentage favor a nationwide ban on semi-automatic weapons.3 The debate is not so simply divided between those who want to ban all guns and those who want no restrictions on guns. Rather, many Americans value both preventing gun violence and protecting gun rights.4

To understand the atmosphere …


Sanctioned Abuse: Corporal Punishment, Restraint And Seclusion Of Children In Public Schools, Jasper Gingrich Jan 2023

Sanctioned Abuse: Corporal Punishment, Restraint And Seclusion Of Children In Public Schools, Jasper Gingrich

Public Interest Law Reporter

No abstract provided.


Affirmative Action In Jeopardy, Natalie Jakubowski Jan 2023

Affirmative Action In Jeopardy, Natalie Jakubowski

Public Interest Law Reporter

Forty-five years ago, the United States Supreme Court decided the landmark case Regents of the University of California v. Bakke ("Bakke"), which confirmed the constitutionality of race as a factor for consideration in college admissions, otherwise known as affirmative action.1 Since then, colleges have considered race as an additional "plus factor" in their admissions processes and have immensely increased the percentage of minority enrollment in colleges. However, the Supreme Court will hear two cases in 2023: Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina. …


A Brief Introduction To The Legal Response To Childhood Fatalities And Injuries On Family Farms, Madeline Krolczyk Jan 2023

A Brief Introduction To The Legal Response To Childhood Fatalities And Injuries On Family Farms, Madeline Krolczyk

Public Interest Law Reporter

No abstract provided.


Punishing Poverty: The Inequalities Of Cash Bail And The Move Towards Reform, Emily L. Salamone Jan 2023

Punishing Poverty: The Inequalities Of Cash Bail And The Move Towards Reform, Emily L. Salamone

Public Interest Law Reporter

No abstract provided.


Felony Disenfranchisement: A Barrier To True Democracy, Anna Baish Jan 2023

Felony Disenfranchisement: A Barrier To True Democracy, Anna Baish

Public Interest Law Reporter

No abstract provided.


Beneath The Welfare Façade, Anna Bowser Jan 2023

Beneath The Welfare Façade, Anna Bowser

Public Interest Law Reporter

No abstract provided.


Name, Image, And Likeness In Ncaa College Athletics, Marlee Burridge Jan 2023

Name, Image, And Likeness In Ncaa College Athletics, Marlee Burridge

Public Interest Law Reporter

No abstract provided.


Barricading The Ballot Box: How Legislative Changes To Ballot Referendums Threaten America's Tradition Of Direct Democracy, Tripp Frank Jan 2023

Barricading The Ballot Box: How Legislative Changes To Ballot Referendums Threaten America's Tradition Of Direct Democracy, Tripp Frank

Public Interest Law Reporter

No abstract provided.


Safeguarding Sanctuary: The Growing Pains Of A Sanctuary City, Iris Gomez Jan 2023

Safeguarding Sanctuary: The Growing Pains Of A Sanctuary City, Iris Gomez

Public Interest Law Reporter

No abstract provided.


Where The Fourth Amendment Fails: The Loophole Of No-Knock Warrants And The Devastating Community Safety Consquences, Grace Hague Jan 2023

Where The Fourth Amendment Fails: The Loophole Of No-Knock Warrants And The Devastating Community Safety Consquences, Grace Hague

Public Interest Law Reporter

No abstract provided.


Out Of Sight, Out Of Mind: Banning The Unhoused From Chicago's Public Spaces, Alex Kirchner Jan 2023

Out Of Sight, Out Of Mind: Banning The Unhoused From Chicago's Public Spaces, Alex Kirchner

Public Interest Law Reporter

No abstract provided.


Scotus On "Wotus", Will Matushek Jan 2023

Scotus On "Wotus", Will Matushek

Public Interest Law Reporter

No abstract provided.


"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols Jan 2023

"If You Die, That's On You": The Persistence Of Inhumane Conditions At Cook County Jail, Leanna Nichols

Public Interest Law Reporter

No abstract provided.


United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder Jan 2023

United States V. Rahimi: A Closer Look At The Implications For Domestic Abuse Victims, Dani Scudder

Public Interest Law Reporter

No abstract provided.


Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper Jan 2023

Stop Cop City: The Expanding Reach Of The Racketeer Influenced And Corrupt Organizations Act's Threat To First Amendment Protected Activism, Elizabeth Stamper

Public Interest Law Reporter

No abstract provided.


"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq Jan 2023

"No Evictions" Policies: Evaluating The Disparate Impact Of Auto-Rejection On Black Women, Mehreen Tariq

Public Interest Law Reporter

No abstract provided.


Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich Jan 2023

Looking Inward: Building A Restorative Legal Aid Agency, Andy Froelich

Public Interest Law Reporter

No abstract provided.


“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock Jan 2023

“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock

Law Student Publications

On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …


Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles Jan 2023

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …


Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills Jan 2023

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …