Internet Law Commons^™

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …

Eliminating Cash Bail In Washington State—Amending Criminal Rule 3.2, Simran Kaur

Seattle University Law Review

This Note discusses the following three parts. Part I provides an overview of the cash bail system, its history, and its contemporary use in Washington state. Part II presents the effects of bail on pretrial release, analyzing low-income and racial inequalities and the adverse impacts it can have on the accused. Part III focuses on solutions and alternatives to the cash bail system, using other states as case studies.

Promoting Corporate Diversity: The Uncertain Role Of Institutional Investors, Jill Fisch

Seattle University Law Review

Two developments are having an impact on corporate decisions. One is the increased engagement by institutional intermediaries and a shift in the focus of that engagement from corporate governance to environmental and social issues. The other is a heightened societal awareness of diversity, equity, and inclusion (DEI) issues, particularly the importance of diversity in corporate leadership. This Article considers the intersection between the two. It describes how institutional investors have focused their attention on increasing diversity in corporate leadership, the potential motivations for that focus, and the impact of that focus, to date. It highlights the tensions that result from …

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.

Ai Regulation In Health Care: How Washington State Can Conquer The New Territory Of Ai Regulation, Natalie Shen

Seattle Journal of Technology, Environmental, & Innovation Law

1. The use of artificial intelligence both generally and in the health care field has exploded over the last decade. AI is now used in the health care field in areas like disease diagnostics, patient engagement, and administrative tasks. In disease diagnostics specifically, AI is being used to make life-altering diagnoses. This technology, however, does not come without its risks. Specifically, inherent bias is deeply rooted in the AI algorithms. This is because humans are inherently bias, and humans are the people creating the AI algorithms. The problem is, however, is that there are no federal regulations to mitigate the risks …

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

“Buy Now, Pay Later: No Fees. No Credit Check.”, Elaine Lee

Seattle Journal of Technology, Environmental, & Innovation Law

Afterpay and Affirm, are financial technology (“fintech”) platforms that allow consumers to split their low-cost purchases into four installment payments–with seemingly no interest, fees, or hard credit inquiries. Similar to retailer fees on credit card transactions, these companies generate most of their profits as the intermediary between consumers and merchants. By flaunting celebrities like A$AP Rocky and Keke Palmer, the loan products are heavily advertised as the “cool” alternative to traditional credit cards and are particularly well-received among Millennials and Generation Z (“Gen Z”) consumers. Consequently, consumer advocates are duly concerned that lenders irresponsibly extend credit to a young generation, …

Mfns In Digital Distribution: Anticompetitive Effects Examined Through Modern Gaming Distribution, Ryan Wolff

Seattle Journal of Technology, Environmental, & Innovation Law

Most Favored Nation clauses and their place within digital distribution agreements is a problem that seems yet to be resolved. The argument that entities with large enough market share in their respective market can utilize these provisions to ensure that they remain on top is a contested topic that is actively being challenged in the courts. The lawsuit against Valve, the video game publisher and distributor, provides a lens through which the potential harms and advantages of these provisions can be examined. In analyzing the finer points of this situation potential solutions can be designed to, in a perfect world, …

The Digital Isolation Of Indigenous Communities, Myranda Buiquy

American Indian Law Journal

The crude mistreatment of the tribes across America has continued to undermine Indigenous wealth and empowerment, leaving many Native people without proper housing, education, running water, healthcare, and telecommunications services. Tribes are forced to advocate for themselves to the federal government, instead of receiving support and compensation for generations of colossal exploitation.The federal government continues to breach their responsibility in protecting tribal treaty rights and must assume responsibility in closing an economic divide that has only worsened due to the pandemic.

Indigenous communities continue to endure disadvantaged living conditions, leaving their people without adequate resources. In addition, this vulnerable demographic …

Metasoftware: Building Blocks For Legal Technology, Houman Shadab

Seattle Journal of Technology, Environmental, & Innovation Law

This Article develops a novel concept in information technology called “metasoftware.” It then applies the concept of metasoftware to developing legal technology.

Metasoftware enables users to create the software of their choosing and stands in sharp contrast to traditional, functional. Functional software is the default type of software that is currently produced and includes word processing, email, social networking, enterprise resource management, online marketplaces, and video game software. Metasoftware, by contrast, is not functional. Metasoftware presents the user with a blank slate upon which to build functional software.

I argue that software is metasoftware to that extent that (1) it …

"I'M Concerned About This Post": Combatting Fake News On Social Media, Jake Latimer

Seattle Journal of Technology, Environmental, & Innovation Law

The public concern over the spread of “fake news” on social media has increased over the last decade. Large social networking platforms like Facebook and Twitter have attempted to address fake news by flagging it as misleading. Even former President Trump has seemingly exhibited a sense of paranoia over its spread. While the term “fake news” is often used as a political weapon to discredit unfavorable information and opinions, fake news refers to factually false or grossly misleading content likely designed to sway or entrench one’s opinion on a particular topic. The pervasiveness of this type of fake news on …

State Crypto Regulation: Competing Priorities Shaping Different Outcomes, John T. Bender

Seattle Journal of Technology, Environmental, & Innovation Law

“Cryptomania” is approaching fever pitch. Public officials, practitioners, and investors alike are becoming convinced that what began as a thought experiment has given rise to a full-fledged movement that is here to stay. This movement could potentially transform the modern financial system as we know it.

Today, crypto assets and related platforms are increasingly being adopted to store, secure, and transmit massive amounts of monetary value worldwide. Enforcement agencies like the Securities and Exchange Commission and the Commodity Futures and Trading Commission have ventured into the fray by employing existing legal regimes to regulate in this new frontier. At the …

On The Horizon: Nanosatellite Constellations Will Revolutionize The Internet Of Things (Iot), Diane Janosek

Seattle Journal of Technology, Environmental, & Innovation Law

The Internet of Things has experienced exponential growth and use across the globe with 25.1 billion devices currently in use. Until recently, the functionality of the IoT was dependent on secure data flow between internet terrestrial stations and the IoT devices. Now, a new alternative path of data flow is on the horizon.

IoT device manufacturers are now looking to outer space nanosatellite constellations to connect to a different type of internet. This new internet is no longer terrestrial with fiber cables six feet underground but now looking up, literally, 200 to 300 miles above the earth, to communicate, connect …

Sharenting Is Here To Stay, So Now What?, Anonymous Author

Seattle University Law Review

This Note explores the concept of sharenting, its real-world consequences, and the daunting task of creating a workable solution. Part I of this Note provides a broad overview of sharenting and its implications. Part II describes the current state of the law and why sharenting remains a difficult issue to address. Part III discusses four legal frameworks posed by legal scholars to combat sharenting: anti-bullying, privacy, erasure, and child labor laws—and, ultimately, why each fails to offer an airtight solution. Part IV offers an alternative solution: the regulation of data brokers and outlawing advertisement-based social media platforms to protect children’s …

Do We Own What We Post?: The Fundamental Property Right To Destroy Your Presence On The Internet, Olivia Shangrow

Seattle University Law Review

This Note will explore the well-established right to destroy your own property and how such a fundamental right can and should be applied to our online property to develop more protective data privacy legislation. Part I highlights the longstanding pillar of property law establishing a right to destroy one’s property, and how that can and should be applied to your digital identity. Part II will discuss the ambiguity of personal data ownership online and the ill effects resulting from the lack of control of our personal information on the Internet. Part III examines the current state of data privacy legislation …

Table Of Contents

Seattle University Law Review

Table of Contents

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson

Seattle University Law Review Online

No abstract provided.

Handle With Care: Domestic Violence Safety Planning In The Age Of Data Privacy Laws, Jenny Wu

Seattle Journal of Technology, Environmental, & Innovation Law

The United States has been patiently waiting for a comprehensive federal data privacy law to protect consumers. However, strong data privacy laws can also protect a less thought-about group: survivors of domestic violence and intimate partner violence. As new technology proliferates into our daily lives, technology-based abuse is quickly becoming a common form of intimate partner abuse. Domestic violence survivors and advocates have to stay extra vigilant about who has access to their internet data. Needing to understand technology-specific safety measures and learn technology-literacy skills adds more work to already overwhelmed domestic violence advocates and survivors. Could the law serve …

Freedom Of Expression V. Social Responsibility On The Internet: Vivi Down Association V. Google, Raphael Cohen-Almagor, Natalina Stamile

Seattle Journal of Technology, Environmental, & Innovation Law

The aim of the article is to reflect on Google’s social responsibility by analyzing a milestone court decision, Vivi Down Association v. Google, that took place in Italy, involving the posting of an offensive video clip on Google Video. It was a landmark decision because it refuted the assertion that the Internet knows no boundaries, that the Internet transcends national laws due to its international nature, and that Internet intermediaries, such as Google, are above the law. This case shows that when the legal authorities of a given country decide to assert their jurisdiction, Internet companies need to abide by …

A Monopoly Of Thought—How Growing Anticompetitive Practices On The Internet Affect Creative Work, Laurel Brown

Seattle University Law Review

This Note will address how dominant Internet companies detrimentally impact creative work and how legal solutions might be employed to combat the damage inflicted by online monopolies. Part I will focus on how certain Internet companies became dominant, showing an evolution from egalitarian ideals to the consolidated control of the World Wide Web (the web) by companies like Google, Facebook, and Amazon. In Part II, this Note will focus on how two particular companies—Google and Facebook—affect creative endeavors in their control of access to audiences and by determining the economics of content production on the Internet. Part III details what …