Jurisprudence Commons^™

Les Rapports Du Droit Et Des Mœurs : À Propos Des Réformes Françaises Du Droit De La Famille, Catherine Labrusse

Proche-Orient, Études juridiques

No abstract provided.

بين الأدب والقانون, غالب غانم

Proche-Orient, Études juridiques

No abstract provided.

La Dette De Jeu, Joêlle Khater

Proche-Orient, Études juridiques

No abstract provided.

Reckless Accomplices, Ben A. Mcjunkin

Northwestern University Law Review

In recent years, criminal prosecutors have pursued homicide charges against the parents of teenaged school shooters. Two high-profile cases—one from Michigan and one from Georgia—provide paradigmatic examples. In each case, the parents provided their children with weapons and ammunition despite obvious signs of each child’s dangerousness and instability. Criminal liability for such reckless conduct is appropriate. But homicide charges are not. This Article critiques this new trend in prosecutions as distorting the substantive criminal law to obtain an outcome that is otherwise unavailable without criminal code reform.

It is a long-held criminal law tenet that intentional wrongful conduct by one …

Originalism's General-Law Turn, Nina Varsava, Bill Watson

Northwestern University Law Review

Originalists are increasingly turning to a general-law theory of constitutional rights. Under this theory, constitutional enactment declared but did not create constitutional rights. The content of those rights was, and remains, a question of general law—a species of common law, regularly employed at the Founding, that transcends jurisdictional boundaries. This preoccupation with general law has precipitated a wave of scholarship developing general-law accounts of various constitutional rights. Yet the nature of general law itself remains poorly understood.

This Article offers a theory of general law. Using philosophical methods to reexamine early American cases and recent work in legal history, the …

The Role Of Reliance In Stare Decisis Doctrine, Rochelle Hestnas

Fordham Law Review

The U.S. Supreme Court’s recent treatment of reliance interests in stare decisis doctrine is in flux. The Court has overruled long-standing precedent such as Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with scant analysis as to how reliance interests factor into stare decisis doctrine, despite continuing to name reliance as a factor that should be considered. Arguments for whether and how reliance interests deserve protection are inherently challenging because it cannot be the case that every precedent should stand. Using Dobbs v. Jackson Women’s Health Organization as a case study, this Note analyzes the Court’s claim …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

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

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

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

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 …

Pour Un Nouvel Humanisme, J.-M. Domenach

Proche-Orient, Études juridiques

No abstract provided.

Dari Teks Ke Makna: Model Interpretasi Bertingkat Sebagai Jawaban Atas Ketegangan Hukum Dan Keadilan, Erwin Susilo, Iustika Puspa Sari, Dharma Setiawan Negara

Jurnal Hukum & Pembangunan

The Indonesian rule of law emphasizes that law should not be understood merely in a legal-formal sense, but also in its moral and social dimensions. This study stems from the persistent tension between legal certainty and justice and the need for an interpretative method capable of bridging the two. The main objective of this research is to examine and formulate a model of tiered legal interpretation that integrates four approaches derived from the common law tradition—Literal Interpretation (LI), Golden Rule (GR), Mischief Rule (MR), and Purposive Approach (PA)—into the Indonesian legal system. This model has been contextually applied in jurisdictions …

Recherches Sur La Notion De Droit Potestatif, Arnaud Ducrocq

Proche-Orient, Études juridiques

No abstract provided.

L'Incapacité Au Sens De L'Article 216 C.O.C. : Étude Comparative, Carla M. Habre

Proche-Orient, Études juridiques

No abstract provided.

Artisans De La Pensée Moderne Des Droits De L'Homme, Hommes Qui Ont Fait La Déclaration Universelle Des Droits De L'Homme, Charles Malik, Georges J. Assaf

Proche-Orient, Études juridiques

No abstract provided.

L'Influence Des Idées De Josserand Sur Le Code Des Obligations Et Des Contrats, Fayez Hage Chahine

Proche-Orient, Études juridiques

No abstract provided.

La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle, Hubert De Vauplane

Proche-Orient, Études juridiques

No abstract provided.

Writing – Écriture, Peter Goodrich

Articles

This is the twentieth article in this series (and the fifth in volume 77).

Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar

Indonesian Journal of International Law

International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …

De La Forme Significative Dans Le Discours Juridique : Contribution À La Méthodologie Du Droit, Nada Kfouri Khoury

Proche-Orient, Études juridiques

No abstract provided.

The Case For The Exclusion Of Exclusion: Intellectual Property, Masculine Legal Reason, And The Ethics Of Care, Ragya Shoukry

Theses and Dissertations

This thesis argues that current legal ideals of objectivity and neutrality are historically gendered and inseparable from the development of capitalist property relations and imperial expansion. It traces origins that begin with early modern witch hunts and Francis Bacon’s empiricism, where a new “scientific rationality” emerges alongside intensified patriarchal violence. The thesis then examines John Locke’s labour-based justification of property and the figure of the rational individual, showing how this framework legitimizes enclosure, dispossession and colonial appropriation under the guise of improvement and development. Building on this foundation, the analysis turns to moral psychology and how its allegedly universal stage …

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 …

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 …

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