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Seattle University Law Review

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Seattle University Law Review

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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: …

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 …

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 …

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 …

Introduction To The Oral History Project Of The World Trading System: The Story Of John H. Jackson And His Unique Role, Jennifer A. Hillman

The Oral History Project of the World Trading System

Georgetown Law has been fortunate to have so many pathbreaking professors teaching, researching, and writing here. For those in the international trade arena, none stands taller than Professor John H. Jackson, who came to Georgetown in 1998 after a storied teaching career at the University of Michigan and immediately set to work with his singular ability to bring together scholars, students, government officials, and practitioners to examine the trade challenges of the day from every angle—always looking to develop innovative ideas and practical solutions.

Immediately upon arrival at Georgetown, Professor Jackson created the Institute of International Economic Law (IIEL)—one of …

Editorial Note, Aastha Malipatil, Kedar M. Ammanji

Indian Journal of International Economic Law

No abstract provided.

The Nature Of Human Trafficking Enterprises: Analysis Of U.S. And International Prosecutions--And The Path Forward, Jay Albanese

Dignity: A Journal of Analysis of Exploitation and Violence

The primary objective of this research is to develop a description and typology of the nature of serious cases of human trafficking and how traffickers, their victims, and consumers (the demand) overlap and interact across locations. This study examines known human trafficking enterprises for which sufficient evidence has been obtained to result in prosecution. These are also serious cases because US federal and international prosecutions result when the offenses are interstate or international in scope. Using a sample of US cases prosecuted over three calendar years (2021-2024), combined with an international sample of cases, an effort is made to develop …

Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes, Jonathan Band

Joint PIJIP/TLS Research Paper Series

This article discusses the revelations in the case files of eight Supreme Court Justices concerning eighteen copyright-related decisions issued by the Court between 1973 and 2005. The papers show the Court as a profoundly human institution, with the Justices often struggling to craft opinions that could gain the support of a majority. The Justices clearly cared about the copyright merits, but they were also willing to compromise to achieve a certain result. In several cases, the final opinion was anything but inevitable. This was particularly so with Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984), …

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 …

The Hidden Strategy Behind Trump’S Latest Canada Tariffs, Marc L. Busch, Barry Appleton

Other Publications

No abstract provided.

Donald Trump’S Latest Tariffs Are Part Of A New Trade Strategy. The U.S. Has A Much Bigger Target Than Our Wine And Cheese, Barry Appleton

Other Publications

No abstract provided.

"Tac-Ing" On Coherence: Achieving Sustainable Baltic Sea Fisheries Management By Hooking Precautionary Science And Greater Transparency In Eu Total Catch Negotiations, Patrick Seroogy

Ocean and Coastal Law Journal

This article argues that what makes the difference in success between these two regimes is how strictly the scientific advice underlying catch limits the advice is adhered to, and the influences allowed unto decisionmakers in the catch limit negotiation process. Whereas the United States uses the scientific advice about the MSY as a strict upper limit in determining annual catch limits, the EU does not. This allows stakeholders in the EU’s CFP governance, in particular fishing industry actors, to influence regulators to raise TACs above adequately precautionary levels in the name of “balancing” sustainable fishing with short-term economic interests. The …

Alternative Marine Fuels And Mrv Liability Under Unclos Part Xii, Andrey Chernov

Ocean and Coastal Law Journal

Shipping’s decarbonization depends not only on adopting alternative fuels but also on the reliability of the monitoring, reporting, and verification (MRV) systems that underpin compliance. Ammonia, hydrogen, methanol, and liquefied natural gas (LNG) each introduce distinctive risks of error at the stages of certification, custody transfer, onboard measurement, and verification. At the same time, maritime law is increasingly data-driven. The International Maritime Organization’s (IMO) Energy Efficiency Existing Ship Index (EEXI) and Carbon Intensity Indicator (CII) depend on reported fuel-use data, while the European Union’s Emissions Trading System (ETS) and FuelEU Maritime Regulation impose direct financial penalties for inaccurate reporting. This …

What The Supreme Court Didn’T Answer About Trump’S Section 301 Tariffs |, Marc L. Busch, Barry Appleton

Other Publications

No abstract provided.

Interim Measures In International Commercial Arbitration: Revisiting Enforceability, Sophia Kubo

Michigan Journal of International Law

Interim measures may offer a solution to obstructive tactics in international commercial disputes. While arbitral tribunals’ authority to grant provisional relief is now widely recognized, enforcement remains legally uncertain and fragmented, undermining the promise of this solution. Acknowledging that proposals for a supranational treaty on enforcement of interim measures or an amendment to existing treaties are unrealistic, this article offers a critical analysis of existing enforcement models– court assistance, exequatur, and mixed approaches–and evaluates them through the lens of legal certainty and efficiency. The article argues that the exequatur model, supported by a dynamic interpretation of the New York Convention, …

Institutionalizing The Trade-Labor Nexus, Yueming Yan

Michigan Journal of International Law

While scholars have extensively explored the evolution of labor provisions in trade agreements, less attention has been paid to the institutional mechanisms that operationalize these provisions. This article addresses this gap by offering a comparative analysis of labor compliance models that are emerging across jurisdictions.

Recognizing that no institutional design is without trade-offs, this article applies the theory of comparative institutional analysis to evaluate existing models—not by asking whether they are (in)effective in the abstract, but: (in)effective compared to what? Specifically, it examines the strengths and limitations of various institutional mechanisms using benchmarks that matter to policymakers, including procedural efficiency, …

Reimagining International Investment Law For The Age Of Minerals, Taylor Nchako

Washington and Lee Law Review

New technologies––from artificial intelligence (AI) and electric vehicles to medical devices and consumer electronics––demand an ever-increasing amount of minerals like lithium, cobalt, and copper. The United States requires these aptly named “critical” minerals to develop AI infrastructure, advance the clean energy transition, and remain economically competitive. As technology continues to advance at an astonishing pace, the U.S. has grown increasingly interested in securing critical minerals from sources in Africa. To obtain critical minerals, the U.S. must utilize investment treaties in its business dealings with African countries. At the same time, international investment law has garnered increased attention due to a …

The Law And Policy Of Gender Provisions In Multilateral And Regional Trade Governance, Maria Panezi

Brooklyn Journal of International Law

Trade is neither gender-neutral in its design nor in its outcomes. This Article offers a bird's-eye view of the law and policy of gender provisions in multilateral and regional trade governance, examines the conceptual boundaries of incorporating gender into trade policy, and evaluates legal and policy approaches that can make trade more responsive to the asymmetries that disproportionately affect women. Using Canada as a case study, the Article examines one of the most comprehensive national frameworks for mainstreaming gender in trade, including the Gender-Based Analysis Plus (GBA Plus) methodology and the inclusion of dedicated gender and trade chapters in several …

Necessary Biosafety Precautions For Patented Gmos: Ramifications Of Inconsistent Parties Between The Cartagena Protocol And Trips Agreement, Lauren Clements

Brooklyn Journal of International Law

Genetically Modified Organisms (“GMOs”) compose a class of potentially patentable biotechnology that are prominent in international markets. Developed countries like the United States, function as leading producers of these patented GMOs and therefore play a significant role in their development and transnational export. Minimum protections for these forms of biotechnology are outlined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), which permits the patenting of GMOs that ultimately enter the stream of international commerce. Notwithstanding the potential risks GMOs present to the environment, public health, and the economy, the TRIPS Agreement fails to address any form …

Green Technology And International Patents: Incentivizing Innovation Or Blocking Access?, Matteo Rizzi

Brooklyn Journal of International Law

As the global climate crisis intensifies, the transition to clean energy technologies has become an urgent priority for the world's largest carbon dioxide emitters: China, the United States, and India. This Note examines how patent law can serve as a critical instrument in accelerating that transition. The patent system’s core quid pro quo grants inventors exclusive rights in exchange for public disclosure, creating powerful incentives for innovation. Yet the law’s failure to require active use of patented technologies has enabled a range of anticompetitive behaviors, including patent trolling, patent warehousing, and the accumulation of dormant patent portfolios, that allow proprietary …

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 …

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

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 …