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Full-Text Articles in Jurisdiction

Beyond The Legal Black Hole: Hyper-Legality, Deferral, And Detention In Northeast Syria, Grace T. Harmon Feb 2027

Beyond The Legal Black Hole: Hyper-Legality, Deferral, And Detention In Northeast Syria, Grace T. Harmon

Theses and Dissertations

This thesis examines the detention of suspected ISIS affiliates and their family members held in facilities administered by the Kurdish-led authorities in North-East Syria. Thousands of foreign nationals remain detained without trial, without repatriation, and in conditions widely criticized as inhumane. Existing scholarship and political discourse often describe these facilities as legal voids, limbo, or black holes where law has broken down or ceased to apply. This thesis challenges that characterization. Rather than existing outside the law, the facilities are governed through overlapping frameworks of international humanitarian law, international human rights law, counterterrorism security resolutions, and domestic laws. I argue …


Problèmes Soulevés Au Liban Par La Garde Des Enfants Nés D'Époux De Communautés Ou De Nationalités Différentes, Pierre Gannagé Oct 2026

Problèmes Soulevés Au Liban Par La Garde Des Enfants Nés D'Époux De Communautés Ou De Nationalités Différentes, Pierre Gannagé

Proche-Orient, Études juridiques

No abstract provided.


Les Conflits De Lois En Matière D’Effets De Commerce, Richard Chemaly Oct 2026

Les Conflits De Lois En Matière D’Effets De Commerce, Richard Chemaly

Proche-Orient, Études juridiques

No abstract provided.


الإجتهاد اللبناني, Poej Oct 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


Les Clauses Attributives De Compétence Et Les Clauses Compromissoires En Droit International Privé Libanais, Nasri Antoine Diab Oct 2026

Les Clauses Attributives De Compétence Et Les Clauses Compromissoires En Droit International Privé Libanais, Nasri Antoine Diab

Proche-Orient, Études juridiques

No abstract provided.


Les Effets Du Jugement Étranger Invoqué Indépendamment De L'Exequatur, Abdo Ghossoub Oct 2026

Les Effets Du Jugement Étranger Invoqué Indépendamment De L'Exequatur, Abdo Ghossoub

Proche-Orient, Études juridiques

No abstract provided.


Whose Burden Is It Anyway? A Historical Resolution To Burden Allocation Under Federal Rule Of Civil Procedure 12(B)(3), Curtis Valencia Oct 2026

Whose Burden Is It Anyway? A Historical Resolution To Burden Allocation Under Federal Rule Of Civil Procedure 12(B)(3), Curtis Valencia

Northwestern University Law Review

Today, venue is generally treated as secondary to jurisdiction: statutory, waivable, and concerned with where litigation should proceed, rather than whether it should proceed at all. Yet the courts of appeals remain split over a basic question of federal venue procedure: who bears the burden of proof when a defendant moves to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3)? Though seemingly technical, in practice, burden allocation can determine whether a suit survives.

This Note offers the first historically grounded approach to resolving Rule 12(b)(3)’s burden allocation problem and argues that the circuit majority approach rests on …


Masthead Aug 2026

Masthead

Seattle University Law Review

No abstract provided.


Table Of Contents Aug 2026

Table Of Contents

Seattle University Law Review

No abstract provided.


Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González Aug 2026

Washington Search And Seizure Law: 2026 Update, Justice Charles W. Johnson, Justice Debra L. Stephens, Justice Steven González

Seattle University Law Review

This Survey is intended to serve as a resource which Washington lawyers, judges, law enforcement officers, and others can turn to as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. As the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are discussed.

Most of the Survey cases involve the Washington …


Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell Aug 2026

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 Aug 2026

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 Aug 2026

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 Aug 2026

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 …


8933 Square Knot Trust, A Nevada Trust, Appellant V. The Bank Of New York Mellon, 142 Nev. Adv. Op. 56 (Aug. 20, 2026), William Fischer Aug 2026

8933 Square Knot Trust, A Nevada Trust, Appellant V. The Bank Of New York Mellon, 142 Nev. Adv. Op. 56 (Aug. 20, 2026), William Fischer

Nevada Supreme Court Summaries

Under NRCP 12(g)(2), additional motions for dismissal may not be filed unless for lack of subject-matter jurisdiction or the arguments were preserved at initial filing. Subject-matter jurisdiction is determined at the onset of a proceeding.


Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro Jul 2026

Religion And Judicial Jurisdiction Conflicts In Personal Status & Inheritance Affairs, Manal Ahmad Shebaro

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

In light of the philosophy underlying the Lebanese legal system, which is based on accommodating the multiplicity of personal status laws; specifically the family system for individuals in relation to marriage, parenthood, and related matters, according to the different sects and recognized religious denominations, which form an exception to the general legal system known as civil law, the general rule governing other relationships; the study aims to analyze the impact of religion on determining judicial jurisdiction in international and internal relations related to inheritance and personal status affairs.

The objective of this study is as follows:

•             To shed light …


Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge Jul 2026

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Abortion (Re)Federalization, Gerald S. Dickinson Jul 2026

Abortion (Re)Federalization, Gerald S. Dickinson

Utah Law Review

 This Article examines how the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision has opened an unconventional pathway for the development of a new form of “bottom-up constitutionalism” that could reshape federal abortion rights in the future. Traditionally, federal constitutional law has exerted a dominant influence over state laws and state court jurisprudence. The uniformity in abortion protections nationwide for decades was a product of the Roe v. Wade era of federal supremacy. However, Dobbs reversed this dynamic by dramatically curtailing federal constitutional authority over abortion, thereby leaving states as primary rights regulators. This Article focuses on the …


الإجتهاد اللبناني, Poej Jun 2026

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


La Résolution Des Conflits Positifs De Nationalités En Droit International Privé Libanais, Lina Charbel Jun 2026

La Résolution Des Conflits Positifs De Nationalités En Droit International Privé Libanais, Lina Charbel

Proche-Orient, Études juridiques

No abstract provided.


Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati Jun 2026

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

Proche-Orient, Études juridiques

No abstract provided.


Les Testaments Consulaires, Gilbert Aoun Jun 2026

Les Testaments Consulaires, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.


Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen Jun 2026

Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen

Brooklyn Journal of International Law

This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …


Table Of Contents Jun 2026

Table Of Contents

Seattle University Law Review

Table of Contents


Volume 49 Masthead Jun 2026

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead


Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson Jun 2026

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 Jun 2026

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 Jun 2026

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 Jun 2026

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 Jun 2026

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