Education Law Commons^™

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Public Baths & Gender Reconstruction In The Mangkunegaran Region Of Solo, Fiera Saffana, Irmawati Marwoto

International Review of Humanities Studies

The division of gender roles in space is already evident from the layout of traditional Javanese buildings, which reflects a patriarchal culture where men are at a higher level than women. These gender boundaries and norms are also reflected in the spatial form of public bath in Solo. This research uses the archaeological method by Deetz which consists of data collection, data processing, and data interpretation. Explaining by presenting facts based on data obtained in the field, then data processing is carried out by involving analysis of the field data that has been collected. The last stage is the interpretation …

Cultural Discount: Breakthrough Point Of China's Tv Drama Exports To Southeast Asia, Lingxing Li

International Review of Humanities Studies

Driven by China's "Going Global" strategy, the international influence of Chinese TV series continues to grow. As a key vehicle of China's cultural soft power, these TV series have significantly bolstered China's global cultural presence, particularly in Southeast Asia, by showcasing China's rich history and contemporary societal changes. Despite certain geographical and cultural similarities between China and Southeast Asia, cultural differences still present challenges to the dissemination of Chinese TV dramas, particularly in areas such as language, values, and religious beliefs. This paper not only analyzes effective strategies for mitigating "cultural discounts" but also challenges the traditional one-dimensional view of …

Understanding The Transmission Of Deepavali Culture In Malaysia From The Perspective Of The "Circuit Of Culture ", Su Zihua, Mochamad Aviandy

International Review of Humanities Studies

As an important traditional festival in India, Deepavali carries profound cultural and religious connotations and has spread widely across Southeast Asia. Malaysia has become a typical example for articleing the transmisi of Deepavali due to its large Indian population and diverse cultural circulation. This article adopts a qualitative research method, gathering data and literature from various platforms and deeply analyzing three aspects of Deepavali in Malaysia: representation and identity, production and consumption, and regulation.The article finds that its cultural symbols construct Indian identity, and the multicultural integration of elements promotes the identification of shared values. Various activities and advertisements during …

Towards Resolution: Comparative Lessons For Advancing Peace And Justice In Papua, Tagor Hutapea, Alexander Evan

International Review of Humanities Studies

The conflict in Papua represents a complex interplay of identity, sovereignty, and historical grievances, shaped by structural violence and socio-political exclusion. This study explores strategies for advancing peace-building and justice in Papua, drawing on Johan Galtung’s theory of peace and conflict and comparative lessons from the Aceh conflict in Indonesia and the Irish Republican Army’s (IRA) struggle in South Ireland. The findings emphasize the importance of addressing root causes such as historical injustices, economic inequality, and cultural exclusion. Inclusive governance and dialogues that respect ethnic diversity and local identities are critical to creating sustainable solutions. Case studies reveal that effective …

The Intricate Relationship Between Parents, Teachers And Media In Their Context Of Nation-Building, Emmanuel Olumuji

International Review of Humanities Studies

This study examines the intricate relationship between parents, teachers, and media in the context of nation-building, emphasizing their collective role in shaping societal values and fostering holistic development. Drawing insights from scholarly literature and empirical studies, the study considers the influence of parents, teachers, and media on child development, moral education, and civic engagement. The study underscores the pivotal role of educators in instilling moral values, critical thinking skills, and civic responsibility among students, thereby contributing significantly to the development of a nation's human capital. Moreover, the study highlights the media's potential as a catalyst for social change, advocating for …

Plurality Of Countable Nouns In Chinese And Indonesian: Morphological And Syntactic Perspectives With Pedagogical Implications, Hatmi Idris

International Review of Humanities Studies

This study investigates the plural meaning and expression of countable nouns in Chinese and Indonesian from morphological and syntactic perspectives and explores implications for language pedagogy. Although both languages encode plurality, they employ distinct mechanisms, which may pose challenges for Indonesian learners of Chinese. Using a qualitative, literature-based approach, data were drawn from scholarly studies, Chinese teaching materials, and reference sources such as dictionaries. Analysis focused on morphological markers, including affixation and reduplication, as well as syntactic structures, such as numeral–classifier phrases and quantifiers constructions. The findings show that Chinese expresses plurality through the suffix –men, classifier-based syntactic patterns, …

Impact Analysis Of China's Electric Vehicle Distribution On Cultural Identity Jakarta Society, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the impact of China's electric vehicle distribution on the cultural identity of Jakartans. With increasing air pollution and congestion in the capital city, electric vehicles have emerged as a sustainable transportation solution. This study uses a qualitative approach with data collection through interviews with 5 sources of information, namely Mr. Susanto, Mr. Robert, Mrs. Astrid, Mrs. Ratna and Mrs. Jeane. This was done to understand the adoption of electric vehicles affecting social values, cultural interactions, and community mobility patterns. The results of the study show that electric vehicles are not only an alternative transportation, but also a …

The Influence Of Meme Culture On The Perception Of Japanese Music: A Survey Of Dolphin In Town-Kingo Hamada, Salsabila Alfajri, Bambang Wibawarta

International Review of Humanities Studies

The research aims to explore the influence of meme culture on the perception of Japanese music in the digital era, specifically analyzing the impact of meme culture on the song "Dolphin in Town" by Kingo Hamada. This study utilized quantitative methods, with surveys as the main technique for data collection. The results showed that meme culture plays an important role in introducing songs and artists that may not have previously received attention. The study also highlights the diverse impacts of meme culture on the perception of Japanese music, including its influence on popularizing, accepting, and interpreting music in various ways. …

The Systematics Of Online Debt Collection Speech In Indonesian, Filia Filia Dr., Muhammad Rifqi Herjoko

International Review of Humanities Studies

This study examines the discourse systematics used in the online loan collection speeches in the Indonesian language. Online loans are one of the financial services that are widely used by the people nowadays. However, the efforts to collect these loans have raised issues within the community. This study aims to elaborate on the speech acts and systematics forming the discourse of online loan collection. This study is using 50 screenshots of online loan collection messages on Instagram accounts as the data source. Research data is in the form of speeches used by the creditors to collect debt from the debtors. …

Complexities Behind The Javanese Shrounds: Unraveling Textile Symbolism For The Dead Through Mikhail Bakhtin’S Heteroglossia, Asha Kun Nayla Faizin, Ganang Dwi Kartika

International Review of Humanities Studies

The shroud, a textile used to wrap and accompany humans in death, is far from a simple object. Within Islamic traditions, the white cloth applied to the deceased's body takes on various changes, modifications, and deeper meanings when individuals contextualize their own beliefs and experiences through it. This study focuses on the shroud's role in Islamic death rituals in Java, revealing a multiplicity of meanings as theorized by Mikhail Bakhtin's concept of heteroglossia. By employing a pragmatic semiotic approach, this research interprets and analyses the symbols that emerge from the contextualization of these textiles within Javanese death rituals. The study’s …

Ame's Rebranding Strategy To Build Brand Identity And Enhance Stronger Competitiveness, Michelle Adelia Sentosa, Aniendya Christianna

International Review of Humanities Studies

This research analyses AME's rebranding process to build a strong brand identity and increase competitiveness in the fashion industry. Using a descriptive qualitative method, data was collected through in-depth interviews, observations, and documentation studies. The results showed that AME's rebranding involved visual design changes as well as adjustments to the brand's vision and mission. The new illustration and packaging elements successfully attracted consumers' attention and created a positive experience, which resulted in increased sales and positive responses from consumers. The findings provide valuable insights into rebranding strategies in the fashion industry and their implications for brand identity and business performance, …

Social Media Optimization Of Ramampa Resto & Bar As A Visual Strategy, Monique Pricilya Oei, Aniendya Christianna

International Review of Humanities Studies

In the digital era, social media has become an important marketing tool for businesses, including the culinary industry. This study examines the use of motion graphics to develop the social media presence of Rarampa Resto and Bar, a restaurant serving Manado cuisine and healthy MSG-free food, located in South Jakarta. Although the restaurant has a loyal customer base, particularly from the 40-60 age group, its social media content fails to attract younger audiences, especially millennials, who seek unique and authentic culinary experiences. This study suggests that Rarampa's social media content, which mainly focuses on event photography and the restaurant's ambiance, …

The Construction Of The Image Of The “Ideal Wife” In Intercultural Marriages: A Case Study On The Youtube Video “Younger Singapore Men Looking For Vietnam Brides, Li Jie

International Review of Humanities Studies

This study explores the process of constructing the image of the “ideal wife” in intercultural marriages, using the video Younger Singapore Men Looking for Vietnam Brides as a case study. It analyzes the economic and cultural motivations of Singaporean men in choosing Vietnamese wives. By applying Judith Butler’s theory of gender performativity and Henri Tajfel’s social identity theory, the study examines how Vietnamese brides are symbolized as the “ideal partner” and how this phenomenon reflects modern gender role conflicts and identity reconstruction. Through an analysis of interviews in the video and relevant comments, the research reveals the dynamic interaction between …

China's Cultural Diplomacy And Its Engagement With The Peranakan Community In Malacca, Kotchaphop Kornphetcharat, Lee Yuen Thien

International Review of Humanities Studies

China's cultural diplomacy utilizes a range of strategies, including cultural exchange programs, media outreach, and people-to-people interactions, to further its national interests and enhance its international image. The primary aims are to foster a positive perception of China, build mutual understanding and trust with other nations, and expand China's cultural and economic influence. The overseas Chinese community in Southeast Asia has been recognized as a crucial conduit for advancing Chinese cultural policy globally. Recently, the Chinese government has conducted official visits to the Baba & Nyonya Heritage Museum in Malacca, Malaysia, exemplifying its efforts to engage with the local community. …