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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 …

Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi, Hermawan Prasojo

Jurnal Hukum & Pembangunan

Meaningful public participation in the legislative process in Indonesia is a fundamental element in fostering an inclusive and transparent democracy. Despite the legal mandate for public involvement, as outlined in Law No. 13 of 2022 and Constitutional Court Decision No. 82/PUU-XXI/2023, such participation often remains formalistic and limited in practice. This article highlights the potential of digital technology, particularly the concept of CrowdLaw, as an alternative approach to enhancing public engagement. Case studies from Estonia, Iceland, and Brazil demonstrate that digital participation can effectively increase public involvement and improve the quality of legislative outcomes. With sufficient infrastructure and improved …

The First Of All Freedoms: Free Speech, Antisemitism, And Lessons For The Jewish Community From The Dreyfus Affair, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Joel Swansin

2025 Event Invitations

Join us for a thought-provoking talk with Professor Joel Swanson of Sarah Lawrence College as he explores the intense debates over free speech and its boundaries within the French Jewish community during the Dreyfus Affair. At this pivotal time, French Jews debated extensively the question of whether there should be limits on speech in the name of protecting the Jewish community. By examining these historical debates and their outcomes, Professor Swanson will highlight parallels with the current discussions surrounding American Jews, pointing to historical precedents for lessons about how to approach current controversies. This event

Changemakers: Tracy Harper: Juris Doctorate: A Pioneer In The Provision Of Immigration Legal Services 03-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Justice, Human Rights, And The New Charisma Of Anti-Democratic Ideologies, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy, Matthias Mahlmann

2025 Event Invitations

Democracies are under pressure worldwide – externally by authoritarian states and internally by political forces that spread anti-democratic ideologies even if masked by avowed concern for the people. While reasons are intensely debated, this talk critically revisits explanations for the charisma of post-democratic ideologies by (1) investigating normative foundations of the exacting and fragile project of democracy and its relation to human rights and (2) discussing human rights theory in times of widespread human rights skepticism and its meaning for crises of democracy. How can we defend the project of democracy in theory and practice?

Democracy, History, And Washington And Lee, Christopher B. Seaman

Washington and Lee Journal of Civil Rights and Social Justice

At Washington and Lee, it is customary for the new holder of an endowed professorship to deliver a public lecture called a chair talk to mark their installation. This is a lightly edited and footnoted version of Professor Seaman's chair talk on October 8, 2024, given as the new Robert E.R. Huntley Professor of Law.

Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati

Jurnal Hukum & Pembangunan

Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …

Orientasi Rigid Dan Moderat Dalam Penafsiran Original Intent Dan Praktiknya Di Indonesia, Muhammad Alwi Khoiri Ramdani, Susi Dwi Harijanto, Lailani Sungkar

Jurnal Hukum & Pembangunan

Metode original intent lazimnya menghasilkan penafsiran yang bersifat rigid sesuai niat perumusnya. Selama konstitusi tidak diubah, maka tafsiran original intent pun tidak berubah. Namun penggunaan metode penafsiran original intent di Indonesia dapat menghasilkan pemaknaan yang berbeda/berubah meskipun ketentuan konstitusi dan perumusnya tidak berganti. Hal ini terjadi karena terdapat perkembangan pemikiran dalam penerapan metode penafsiran original intent. Penelitian ini membahas mengenai perkembangan pemikiran tersebut dan menganalisa pola penerapan metode original intent dalam penafsiran konstitusi yang dilakukan oleh Mahkamah Konstitusi di Indonesia. Ini merupakan penelitian doktriner dengan pendekatan konsep dan kasus. Hasil penelitian menunjukkan bahwa terdapat perkembangan pemikiran dalam penerapan metode penafsiran …

Konstitusionalitas Model Putusan Bawaslu Dalam Penyelesaian Pelanggaran Administratif Pemilu, Muhammad Rifai Yusuf, Syarif Hidayat

Jurnal Hukum & Pembangunan

As one of the institutions that carries out quasi-judicial functions in the field of general elections, Bawaslu could issue a decision through an adjudication process. In 2017, Bawaslu was criticized for its several decisions in the Sipol case held by the KPU for the registration of participants in the 2019 general elections, mainly because it was considered that Bawaslu equated its position with the Supreme Court by assessing that Sipol in the KPU Regulation was not in line with the Election Law. In 2024, decisions on election administrative violations appear to be softer or seem to avoid the same potential …

Evaluasi Implementasi Putusan Mahkamah Konstitusi Terhadap Desain Surat Suara Calon Tunggal Dalam Pilkada, Enika Maya Oktavia, Rizki Maulana Syafei, Tsalis Khoirul Fatna

Jurnal Hukum & Pembangunan

The phenomenon of single candidates in regional elections in Indonesia has created a dilemma in applying democratic principles, especially regarding ballot design that often confuses voters. The Constitutional Court’s Decision Number 100/PUU-XIII/2015 mandated a plebiscite design with “agree” or “disagree” options for single candidates. However, in practice, this design has been distorted with the presence of a blank box without adequate explanation. This study aims to evaluate the extent to which the discrepancy between the Constitutional Court's decision and actual ballot design practices affects voter understanding and the quality of democracy. This study employs a normative juridical method with a …

Quo Vadis Desain Pengamanan Hakim Dari Perbuatan Merendahkan Kehormatan Dan Keluhuran Martabat Hakim (Pmkh) Di Indonesia, Zainatul Ilmiyah

Jurnal Hukum & Pembangunan

Judges, as the main judicial actors in law enforcement, have an independent nature, both in terms of institutions and in terms of determining their decisions. However, in exercising their authority, judges are often faced with the risk of injury, both physical and psychological, by the public, who are not satisfied with the decisions made by the judges. With an empirical legal research method and using a conceptual approach, statute approach, and comparative approach, this study aims to find the best form in the design of an institutional model for judge and court security units. In this study, it was found …

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 …

Seeking The Cayuse Five: Imagining Reparations And Reconciliation In Oregon, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Michael Moffitt, Roberta Conner

2025 Event Invitations

In the mid-1840s, American settlers flocked westward on the Oregon Trail, unknowingly bringing with them measles and other foreign diseases to which the Cayuse peoples along the trail had no immunity. Hundreds of Cayuse children were brought to Narcissa and Marcus Whitman at the Whitman Mission for treatment, but ultimately these children could not be saved. In 1847, members of the Cayuse Tribe, acting under Cayuse law to dispose of false doctors (medicine men, or tewat), participated in an attack on the Presbyterian Whitman Mission in Walla Walla Washington, killing the Whitmans and eleven others. After a two-year pursuit, the …

The Cardozo Center For Public Service Law Invites You To: P*Law 2025, Cardozo Center For Public Service Law

2025 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2025, which will feature panels discussing immigration, LGBTQ+ rights, reproductive freedom, human rights, labor relations, and more.

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Seattle University Law Review

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …

Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir

Seattle University Law Review

In this article, I provide context for my forthcoming research project on shareholder proposals and racial equity audits. Since the murder of George Floyd in May of 2020, progressive shareholder actors have increasingly used the proposal mechanism to advance diversity, equity, inclusion, and justice-related goals. These proposals have frequently gone beyond requesting the usual corporate fare of diversity trainings, intersectionality workshops, affinity groups, etc. Instead, a more ambitious type of proposal asks corporate America to conduct racial equity audits, defined as “an independent, objective and holistic analysis of a company’s policies, practices, products, services and efforts to combat systemic racism …

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

Dark Accounting Matter, Colleen Honigsberg

Seattle University Law Review

Physicists calculate that approximately 85% of the matter in the universe is composed of “dark matter” that “does not absorb, reflect, or emit electromagnetic radiation and is therefore difficult to detect.” The S&P 500 currently trades at a price-to-book value of 4.2, suggesting that book value accounts for less than 20% of the S&P 500’s market value. The remaining 80% appears nowhere in these firms’ balance sheets—it is invisible to contemporary accounting techniques and constitutes “dark accounting matter.”

Some “dark accounting matter” is composed of factors commonly described as components of “ESG.” Human capital, for example, is an intangible asset …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …