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Articles 31 - 60 of 318
Full-Text Articles in Disability Law
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
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 …
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
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
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
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
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 …
Toxic Exposure, Judy Ann Clausen
Toxic Exposure, Judy Ann Clausen
UF Law Faculty Publications
Service members are often exposed to toxins in service. When they file claims for disability compensation, they struggle to link their diseases to toxic exposure while serving. Congress stepped in to ease their burden by creating presumptions, relieving the veterans of the burden of proving a nexus between the exposure and their disease. In 2022, Congress enacted the PACT Act which expanded presumptive service connection for veterans whose service involved exposure to toxic substances. But, for veterans whose conditions do not fall within these presumptions, problems with the Department of Veterans Affairs (“VA”) benefits adjudication system make it difficult to …
Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi
Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi
FIU Law Review
Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …
Criminalizing Difference: An Intersectional Analysis Of Disability In The Criminal Justice System, Rowan Eisleman
Criminalizing Difference: An Intersectional Analysis Of Disability In The Criminal Justice System, Rowan Eisleman
Student Scholar Symposium Abstracts and Posters
This research addresses the central question: How do individuals with disabilities intersect with the criminal justice system, and what systemic factors contribute to their overrepresentation and victimization? Despite over 61 million Americans having disabilities, there exists a significant gap in comprehensive scholarship examining disability-criminal justice intersections, particularly regarding how people with intellectual and developmental disabilities experience unique vulnerabilities as both offenders and victims. This study contributes to disability studies and criminology by providing a comprehensive intersectional analysis examining how disability compounds with race and gender to create compounded marginalization. This study conducted a comprehensive literature review, analyzing government statistics from …
Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu
Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu
Journal of Law and Policy
Legal and psychiatric systems respond to parents in distress-oriented altered states (often labeled “postpartum psychosis”) in ways that reveal deep structural failures. Rather than providing genuine care, these states are criminalized, pathologized, and met with coercive treatment, family separation, and surveillance. Drawing on Silvia Federici’s Caliban and the Witch, this article traces these systems to the rise of colonial-capitalist-patriarchy, when land was enclosed, reproductive labor weaponized, and community healing knowledge expropriated. Clinical mental health and family regulation systems continue this legacy today, punishing Madness, disempowering caregivers, and undermining community capacity to respond to distress. The author examines cases of postpartum …
Sterilization, Haunting And The Future Of Disability Law, Linda Steele
Sterilization, Haunting And The Future Of Disability Law, Linda Steele
Journal of Law and Policy
This article proposes that a methodology of ‘haunting’ could be used by disability rights lawyers and disability law scholars to challenge structural injustice against disabled people. The author make this argument through the example of forced sterilization. Forced sterilization pursuant to eugenics laws in the United States during the early to mid-twentieth century is a profound injustice perpetrated on disabled people which is yet to be fully reckoned with and repaired. While eugenics sterilization laws have been repealed, and some states have additionally made public apologies and introduced compensation programs, forced sterilization of disabled people continues to be perpetrated pursuant …
Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*
Journal of Legal Studies in Business
When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …
Cover Page & Table Of Contents - Volume 23
Cover Page & Table Of Contents - Volume 23
Journal of Legal Studies in Business
JLSB vol. 23 Title Page & Table of Contents
Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses
Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses
Journal of Legal Studies in Business
No abstract provided.
Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law
Journal of Legal Studies in Business
No abstract provided.
Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler
Truth Comes Before Reconciliation: An Exercise In American Truth-Telling, Hannah Fidler
Nebraska Journal on Advancing Justice
No abstract provided.
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Roots In South Omaha: Navigating Identity, Culture, And Justice, Natalia Lopez
Nebraska Journal on Advancing Justice
No abstract provided.
Introduction, Nicholas L. Marti
Introduction, Nicholas L. Marti
Nebraska Journal on Advancing Justice
No abstract provided.
2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board
2025-26 Masthead (Volume 2, Issue 1), Njaj Editorial Board
Nebraska Journal on Advancing Justice
No abstract provided.
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray
Journal of Humanities and Social Sciences
The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …
Living Property, Joseph William Singer
Living Property, Joseph William Singer
Seattle University Law Review
The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …
The Roots Of Credit Inequality, Andrea Freeman
The Roots Of Credit Inequality, Andrea Freeman
Seattle University Law Review
Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …
“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri
“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri
Seattle University Law Review
Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …
Redefining Section 230 Immunity, Lucas Dini
Redefining Section 230 Immunity, Lucas Dini
Seattle University Law Review
Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …
Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White
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
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. …
Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang
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 …