Election Law Commons^™

Fake News From Fake Dudes: Why State Statutes Regulating Political Deepfakes Are Both Necessary And Constitutional, Jay Kennedy

Northwestern University Law Review

As technology advances and more Americans use the internet to get their news, AI-generated “deepfakes” have become a powerful tool for misinformation. One common use of deepfakes is to make fake, but convincing, videos of electoral candidates or government officials. Deepfakes pose particular harm to local governments and officials because, unlike federal leaders, local leaders usually do not have the financial resources to fund the counterspeech sufficient to disprove deepfakes. Thus, to help defend the integrity of local governments, this Note argues that every state should enact legislation prohibiting deepfakes of public officials and proposes a First Amendment-compliant framework for …

How Did We Get Here?, Michael J. Klarman

Fordham Law Review

President Donald J. Trump’s second administration has transgressed basic rules and norms of democracy and the rule of law in myriad ways. Below, I have laid out my own top ten list of transgressions, though others could surely have made out a good case for their own “favorites.” It would not be difficult to come up with a longer list, yet the purpose of my Levine Lecture is less to describe where we are than to explain how we got here. Following an enumeration of Trump administration transgressions, my lecture turns to two questions. First, why have traditional checks on …

Mengenal Hcch 1970 Taking Evidence Abroad Convention, Priskila Pratita Penasthika

Jurnal Hukum & Pembangunan

Since mid-2023, the Supreme Court of the Republic of Indonesia has prioritised the strengthening and harmonisation of Indonesian civil procedural law to better align with international practices and standards. This initiative seeks to enhance the competitiveness of Indonesian judicial institutions in resolving commercial disputes through acceding to relevant private international law instruments. The HCCH 1970 Evidence Convention is among the key private international law instruments identified by the Supreme Court as a priority for Indonesia's accession. Nonetheless, academic literature in the Indonesian language on private international law instruments, particularly those issued by the Hague Conference on Private International Law (HCCH), …

Dari Penafsiran Ke Konstruksi Konstitusi: Evolusi Putusan Mahkamah Konstitusi Tentang Keserentakan Pemilihan Umum, Khairul Fahmi, Desip Trinanda

Jurnal Hukum & Pembangunan

Abstract

The Constitutional Court's decisions regarding election simultaneity demonstrate a highly progressive development in constitutional reasoning. The Constitutional Court has issued at least three decisions related to the election simultaneity model: Decision Number 14/PUU-XI/2013, Decision Number 55/PUU-XVII/2019, and Decision Number 135/PUU-XXII/2024. So far, studies of these decisions have tended to be placed within the framework of constitutional interpretation. However, the Constitutional Court's stance in Decision Number 135/PUU-XXII/2024 goes beyond merely interpreting the constitution to also construct a constitutional provision on election simultaneity by separating national and local elections. Therefore, the focus of this article is the shift in the Constitutional …

Haruskan Debitur Mengatakan "Ya"? Menyoal Persetujuan Debitur Dalam Pengalihan Piutang Oleh Bank, Ihsanuddin Nursyie

Jurnal Hukum & Pembangunan

Financial Services Authority Regulation No. 26 of 2024 concerning the Expansion of Banking Business Activities requires the inclusion of an assignment of receivables clause in credit agreements and, where such a clause is not provided, requires the debtor’s consent before the assignment is carried out. This article analyzes the appropriateness of debtor consent as a protection instrument in the assignment of receivables through cessie. This research employs a doctrinal legal method by analyzing legislation, legal doctrines, and relevant literature. The findings indicate that debtor consent is not an inherent requirement of cessie, while the risks to debtor protection are more …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

The Separation Of Election Contest Powers, Casey Parker-Bell

Kentucky Law Journal

No abstract provided.

Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …

Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum

Jurnal Hukum & Pembangunan

The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …

Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia

Jurnal Hukum & Pembangunan

Under Article 1457 of the Indonesian Civil Code, a sale and purchase agreement creates reciprocal rights and obligations between the parties. In Indonesian land law practice, however, transactions involving customary land (tanah ulayat) present legal complexities due to its communal nature and governance by indigenous law communities, coupled with the absence of explicit regulation in the Civil Code and the plurality of customary law systems. This research examines the legal position and juridical implications of tanah ulayat sale and purchase agreements within Indonesian civil law while acknowledging the continued applicability of customary law. Employing a normative legal research method with …

Rurality And Redistricting: California's Proposition 50, Rural Identity, And Democratic Legitimacy, Lisa R. Pruitt

Maine Law Review

When California voters embraced mid-decade congressional redistricting in 2025, the greatest media attention landed on the state’s First Congressional District, CA-01. It is residents of that district who are likely to feel the consequences of the new maps most profoundly. In the form established by the California Citizens Redistricting Commission in 2021, CA-01 occupied more than 26,000 square miles in the state’s northeastern corner. The district included a number of inland counties stretching from Modoc, tucked into the corner formed by the Oregon and Nevada state lines, to Colusa, in the Great Central Valley. The cluster of ten counties—hereinafter “old …

المادة ٤٩ من الدستور، وانتخاب حاكم مصرف لبنان لرئاسة الجمهورية, حسان تابت رفعت

Proche-Orient, Études juridiques

No abstract provided.

Mucho Ruido Y Pocas Nueces? Rethinking Mexico's Judicial Reform In Comparative Perspective, Oscar Serratos

Notre Dame Journal of International & Comparative Law

Mexico's 2024 judicial reform, which made it the first country to elect all judges by popular vote, has generated widespread criticism for allegedly threatening judicial independence and democratic governance. This Article challenges the prevailing narrative by arguing that many of these concerns overstate the reform's practical effect. Through a comparative analysis of Mexico's new constitutional framework and judicial electoral systems in the United States, the Article demonstrates that the reform incorporates structural safeguards—including balanced nomination powers, nonpartisan elections, restrictions on campaign financing, and continued judicial training—that set it apart from comparable American models. While acknowledging legitimate concerns regarding implementation and …

Analyzing The Benefits Of Artificial Intelligence To Racially Inclusive Democracy, Spencer Overton

Utah Law Review

Over the past two decades—as the United States has grown more ethnically diverse—the U.S. Supreme Court has dismantled key voting rights protections, and state legislatures have erected a record number of voting restrictions. Largely oblivious to this growing gap in legal protections, several artificial intelligence (“AI”) optimists have claimed that AI can help usher in a more inclusive, participatory, and unbiased democracy. Such an outcome, however, is far from guaranteed. This Article is the first to comprehensively examine the extent to which AI—and the legal frameworks that regulate it—can advance racially inclusive democracy. It responds to the AI optimism literature …

Dari Coattail Ke Midterm Check: Pergeseran Patologi Presidensialisme Dan Rekayasa Baru Keserentakan Pemilu, Fitra Arsil

Jurnal Konstitusi & Demokrasi

This article offers a reinterpretation of the concurrent election practice in a multiparty presidential system. Traditionally, concurrent elections were designed as a constitutional mechanism to prevent political deadlock by aligning executive power with legislative support. However, the dynamics of contemporary presidentialism have raised a new problem: the threat to democracy now often comes from a president who is too powerful because he or she has succeeded in drawing nearly all political forces into an oversized coalition. This massive coalition ultimately becomes a tool of executive domination that legally narrows the space for opposition and undermines the oversight function of parliament. …

Syarat Usia Presiden Dan Wakil Presiden Dalam Perspektif Konstitusi Dan Konstitusionalisme: Makna Dan Kriteria, Ardhes Blandhivay Leuanan, Mei Susanto

Jurnal Konstitusi & Demokrasi

In order to investigate the inconsistent interpretations of the Constitutional Court regarding the age requirements for presidential and vice-presidential candidates, this study will analyze the dynamics of determining age requirements from the perspective of the 1945 Constitution and the principles of constitutionalism. A socio-legal approach is used in the normative research method to analyze the Constitutional Court's decisions in light of the social and political factors that shaped them. According to the results, Constitutional Court Ruling No. 90/PUU-XXI/2023 marks a turning point in the evolution of Indonesian constitutional law. Initially, there was no strict interpretation of the age limits for …

Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati

Proche-Orient, Études juridiques

No abstract provided.

Le Parlement Arabe, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.

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