Intellectual Property Law Commons^™

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

The Middle Class, The Youth, The Highways: Production Of Space And Urban Memory In Blok M, Jakarta, Bimana Novantara, Yudi Bachrioktora, Lilawati Kurnia

International Review of Humanities Studies

This paper examines the historical and contemporary dynamics of the Blok M area in Jakarta as a public space undergoing a process of spatial, cultural, and symbolic transformation. Using Henri Lefebvre’s theory of the production of space and then relating it to the discourse of urban memory according to Abidin Kusno, this study traces how Blok M developed from the modernist urban planning of Kebayoran Baru after independence to be the epicenter of youth festivity, then declined until it rose again through a place that utilized the memory of this area in the past. This study highlights how the politics …

Language Of Love: Kafka’S Affective Meaning In Briefe An Milena, Kafka Aisyah Triny, Julia Wulandari

International Review of Humanities Studies

Franz Kafka is known for his twisted literature filled with dark atmosphere and word choices, however when it comes to writing letters to his muse, Milena, he uses words unknown to him. He expresses his barest soul to her using word choices that indicate someone who is amazed. For a person like Kafka, love is not all about complementing word choices and emotions, seen by his internal battles with himself and uncertainty regarding the topic of love. This research will use Geoffrey Leech’s semantic framework along with Monica Schwarz and Jeannette Chur’s Wortfeld theory. The study aims to examine Kafka’s …

Representing Vietnam’S Political Leadership In International Media: A Critical Discourse Analysis Of Coverage From 2018 To 2024, Jackson Andre William Kumaat

International Review of Humanities Studies

International media play a powerful role in shaping global perceptions of political legitimacy, particularly in states where authoritarian governance coexists with economic success. Vietnam—often described as a one-party socialist state with rapid economic growth—has attracted increased attention in international news coverage, yet little research has examined how its leadership is discursively constructed through media narratives. This study addresses that gap by analyzing how Vietnam’s political leadership was represented in international media from 2018 to 2024. Using Norman Fairclough’s Critical Discourse Analysis (CDA) and Stuart Hall’s theory of representation, the research investigates how ideology, power, and meaning are embedded in news …

The 15-Minute City And Social Behavior Changes In The Tod Area: Blok M-Sisingamangaraja Tod Case Study, Dede Julfikar, Lin Yola

International Review of Humanities Studies

The changing process of the city can be due to economic development that results in urbanization then enlarges the city. This situation affects the growth and evolution of other activities in urban areas such as the emergence of new residential areas, industrial zones, and trade and service (commercial) areas. The government of DKI Jakarta is targetting to develop many public transportation infrastructure due to its target of 2040 70% of Jakarta residents live near by transit points. So that the distance of residential residents to urban facilities can be reached within 15 minutes of walking, cycling or using public transportation. …

The Establishment Of Jakarta International Schoolin Indonesia As A Reflection Of Globalisation Through Education, Brandon Cahyadhuha Rusdy, Linda Sunarti

International Review of Humanities Studies

"This article examines the establishment of Jakarta International School (JIS) within the context of the globalisation of Indonesia. Established in 1951 under the name International School of Djakarta by Antoinette Stepanek, an educator from the United States, it was the first school to provide an English-language education for the children of expatriates in Jakarta, Indonesia. The school underwent several name changes throughout its history. In 1965, the school was renamed to Joint Embassy School to reflect the support from a coalition of embassies, consisting of the United States, United Kingdom, Australia and Yugoslavia. In 1978, the school was renamed again …

Advertising Appeals Through Instagram Caption Code Switching, Irma Aulia Irawan, Myrna Laksman-Huntley

International Review of Humanities Studies

The COVID-19 disease required everyone to go into lockdown. All activities and communications were carried out through mobile devices, driving online content consumption to double. The Instagram app, which is part of social media, increased its visits by 43 percent during the lockdown of the COVID-19 pandemic. As users turn to social media, influencers are emerging as figures in shaping online interactions and trends. One of the popular French influencers is Léna Mahfouf (@lenamahfouf). As a global fashion influencer, Mahfouf often uses English transitions in her captions. This qualitative research will identify the types of code-switching found with Poplack's theory …

Safeguarding Intellectual Property: A Strategic Imperative For Organizations, Alan Saquella

Publications

Intellectual property (IP) is more than a legal concept — it is the foundation of innovation and the engine that drives growth, differentiation, and long-term success. From proprietary algorithms to product designs, trade secrets, and customer data, IP represents the most valuable asset many organizations possess. When compromised, the damage can be severe — manifesting in lost revenue, competitive disadvantage, reputational harm, and in some cases, the collapse of entire business lines.

Ai Regulation: Competition, Arbitrage & Regulatory Capture, Filippo Lancieri, Laura Edelson, Stefan Bechtold

Georgetown Law Faculty Publications and Other Works

The commercial launch of ChatGPT in November 2022 and the fast development of large language models have catapulted the regulation of artificial intelligence to the forefront of policy debates. A vast body of scholarship, white papers, and other policy analyses followed, outlining ideal regulatory regimes for AI. The European Union and other jurisdictions have moved forward by regulating AI and LLMs. One overlooked area is the political economy of these regulatory initiatives—or how countries and companies can behave strategically and use different regulatory levers to protect their interests in the international competition on how to regulate AI.

This Article helps …

Motions To Amend: Have The Changes Made By The Uspto’S Pilot Program Resulted In More Favorable Outcomes For Patent Owners?, Matthew Johnson, Daniel C. Sloan, Adam J. Cook

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Publicity Rights Metamorphosis: From The Right To Evoke To The Ultimate Evoked Rights, Mira Moldawer

Chicago-Kent Journal of Intellectual Property

No abstract provided.

It’S Not Albright In Texas: How Ptab Expertise Can Illuminate Patent Litigation In Texas, Kaitlyn Mires

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Intellectual Property Inequality Alleviation, Daniel Benoliel

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Practical Considerations In View Of The Federal Circuit’S Restrictive View Of Collateral Estoppel In Kroy Ip, Timothy Maloney, Alvaro Cure Dominguez

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Salvage Operation: A Guide To Recovering Claims After An Adverse Ipr Final Written Decision, Thomas J. Scott Jr., Timothy D. Dorney

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Redefining Child Pornography In An Age Of Technological Advancement: The Concept Of Avoidable Harm, Debra D. Burke, Christopher N. Doval

Washington Journal of Law, Technology & Arts

In 2020, Netflix released on its streaming service the movie Cuties, a coming-of-age story about an 11-year-old Senegalese immigrant who joined a dance group. The film is a commentary against the hyper-sexualization of children and the pressure young girls face from social media and society and received a director’s award at the Sundance Film Festival. Its release, however, kicked off a culture war, prompting a movement to cancel Netflix subscriptions in response to the film’s sexually provocative imagery of young girls. The movie’s award-winning director defended the film’s message, explaining that the film was her own story, struggling as a …

Stolen Humanity On Display: Lacking Legislation For Human Remains In U.S. Museums, Sarah M. Fassio

Washington Journal of Law, Technology & Arts

In museums across the United States, displays of human remains are not rarities. Yet few attendees stop to consider the provenance behind those once-living parts of our ancestors. To do so, one would have to contend with an unpleasant history rife with scientific racism and graverobbing for the personal collections of society’s upper crust. Considering the origins of such displays reveals that the labels and names attached to human remains in museums often serve more to alienate them from their humanity than they do to connect or contextualize.

Legal regulations pertaining to displayed human remains are piecemeal. There are federal …

Precise Operations, Imprecise Laws: How Nebulous Laws Wreak Havoc In Outer Space, Matthew H. Ormsbee, Harine Raaj

Washington Journal of Law, Technology & Arts

As space operations advance with unprecedented precision, the laws governing these activities remain outdated, vague, and incapable of addressing contemporary challenges. The Outer Space Treaty (OST) and the Liability Convention, drafted in the Cold War era, fail to adequately define fundamental terms such as damage, fault, and compensation. This lack of legal precision creates significant liability gaps, particularly as space debris, mega-constellations, and private-sector actors reshape the space landscape. This article explores how these ambiguities hinder legal predictability and fair compensation for victims of space-related harm. By analyzing real-world space incidents, including the Cosmos 954 reentry, the Iridium-Cosmos collision, and …

Tailoring The Law: Protecting Fashion In The Future, Imaad Huda

Washington Journal of Law, Technology & Arts

This article identifies how the current legal system in the United States harms fashion designers and the art they produce. It explains how fashion as an industry lacks a system of law that best fits the issues posed by design theft due to fast fashion. Fast fashion companies, through modern technology, are able to reproduce stolen designs with haste. Currently, there are a few notable cases that have spawned from design theft, but their verdicts may be limited in their ability to change policy or raise significant legal issues. This article analyzes both current federal enforcement mechanisms and design practices …