Jurisprudence Commons^™

Geduldig's Footnote: Five-Plus Decades Of State Courts Reckoning With Federal Pregnancy Discrimination Doctrine, Martha F. Davis

Northwestern University Law Review

In Geduldig v. Aiello (1974), the U.S. Supreme Court held that pregnancy discrimination does not constitute sex discrimination. The decision’s constitutional logic has recently been applied in Dobbs v. Jackson Women’s Health Organization and United States v. Skrmetti. Yet over five decades, state courts have overwhelmingly rejected Geduldig’s rationale—both in construing state employment discrimination statutes and in interpreting state constitutional equality provisions. Courts in at least sixteen states have rejected Geduldig’s rationale in construing state employment discrimination laws, while only four states have followed it. Of the ten states with Equal Rights Amendments that have addressed whether …

State Greenhouse Gas Emissions Disclosure Laws And The Dormant Commerce Clause: Leveraging The State Interest In Protecting Residents From Deception To Pass The Pike Balancing Test, Matthew Macphail

Northwestern University Law Review

Misleading corporate claims about greenhouse gas emissions pose a high risk of consumer deception, as there is currently no uniform federal standard governing how companies must measure or disclose those emissions. Without a national regulatory scheme, firms can selectively report, use inconsistent methodologies, or market vague “carbon neutral” claims, making it difficult for consumers to assess accuracy or compare companies’ representations.

In 2023, California introduced legislation requiring companies doing business in the state to disclose their greenhouse gas emissions in an effort to bring transparency to this area. But such state-level mandates face a constitutional obstacle: the Dormant Commerce Clause, …

Textual (In)Difference In State Search-And-Seizure Provisions, Quinn Yeargain

Northwestern University Law Review

Over the past 250 years, state constitutional drafters have refined the scope of rights and liberties protected by their constitutions’ texts. Today, all state constitutions include a search-and-seizure provision—and though only a minority follow the layout, text, and context of the Fourth Amendment to the U.S. Constitution, most of them bear a striking resemblance to it. However, textual variations abound. Some of them may seem minor, like using the word “possessions” instead of “effects,” or mandating that warrants describe their intended targets “as nearly as may be” instead of requiring that they “particularly describ[e]” them. But others, like the addition …

The New Economic Liberties, Daniel B. Rodriguez

Northwestern University Law Review

Despite the lack of serious interrogation at the federal constitutional level of economic regulations, there continues to be a fairly robust, energetic attention at the level of state constitutional law to so-called economic liberties. In a number of key cases, including, for example, matters involving occupational licensing, state courts have looked to unique features of their respective state constitutions to assess whether and to what extent regulations undertaken under the police power go too far. The rationales for evaluating and, in some cases, invalidating regulations under economic liberties principles are creative, and also controversial. The development of new interpretive approaches …

Child Labor And State Constitutionalism, Andrew Hammond, Helen Hershkoff

Northwestern University Law Review

Almost ninety years after Congress banned “oppressive” child labor as part of the Fair Labor Standards Act, employers are pushing state legislatures to let them put children to work in dangerous poultry plants, at hazardous construction sites, and during late shifts on school nights. Perversely, calls to rollback federal protections are camouflaged in the rhetoric of parents’ rights, casting child labor regulation as intrusive, paternalistic, and even socialist—echoing the same corporate arguments used a century ago when the Child Labor Amendment to the U.S. Constitution went down in defeat. These arguments mask the desperate economic circumstances of a parent claiming …

State Constitutional Rights And Judicial Power, Zachary D. Clopton

Northwestern University Law Review

On the one hand, we are in a moment when interest in state courts and state constitutional law is growing. Especially, though not exclusively, among those who question the Supreme Court of the United States, there are increasing calls for state supreme courts to rely on state constitutions to expand rights. On the other hand, we are in a moment when interest in reducing the power of the courts is growing. Especially, though not exclusively, among those who question the Supreme Court of the United States, there are increasingly calls for reining in judicial power.

This Essay is not an …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

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 …

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 …

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 …

Disrupting Transnational Human Trafficking Networks: A Practitioner's Perspective On Intelligence-Driven, Offender-Focused Strategies, Rochelle Keyhan

Dignity: A Journal of Analysis of Exploitation and Violence

This article examines human trafficking through the lens of organized crime and explores how this perspective can be applied to contemporary trafficking cases in the United States. While trafficking is often prosecuted as an isolated criminal act, many incidents are linked to larger transnational and domestic organized crime networks. The discussion highlights the activities of notorious syndicates, including international cartels, street gangs, and well-funded networks of sex buyers, demonstrating how these entities exploit vulnerable populations for profit. Reframing human trafficking as a sector within organized crime shifts investigative and prosecutorial strategies away from victim-dependent models, which often require survivors to …

Al Shura In Light Of The Concept Of Reality, A Historical, Jurisprudence And Legal Study, Fawzi Adham

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This research undertakes an in-depth study of the concept of Shura (Consultation) in Islam from historical, jurisprudential and legal perspectives. It begins by reviewing the concept itself, starting with a realistic understanding of it. This involves defining Shura in its current form, presenting the views of Islamic jurists on the matter, highlighting the methodological flaws in the current understanding, and offering a corrective approach to the pre-Islamic tribal view of Shura. The research also distinguishes between Shura and the concept of Mashurah. Furthermore, it presents the political concept of Shura based on the era of Caliphs Alrashidin, the Umayyad and …

La Réforme Du Droit Des Sociétés : Réforme D'Envergure Ou Simple Toilettage ?, Philippe Merle

Proche-Orient, Études juridiques

No abstract provided.

قانون رقم ٧٥، تاريخ ٣ نيسان ١٩٩٩، يرمي إلى حماية الملكية الأدبية والفنية, Poej

Proche-Orient, Études juridiques

No abstract provided.

La Cause Dans L’Enrichissement Sans Cause, Elias Chedid

Proche-Orient, Études juridiques

No abstract provided.

Thierry Bonneau, Précis Du Droit Bancaire, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Environnement Et Droit Agraire Au Liban, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

Le Rôle Émergent De La Justice Dans La Reconstruction De L’État De Droit : Le Cas Du Liban D’Après‑Guerre, Georges Assaf

Proche-Orient, Études juridiques

No abstract provided.

Le Conseil D’État : Histoire Et Évolution, Antoine Khair

Proche-Orient, Études juridiques

No abstract provided.

الجديد في قضايا الاستملاك, أنطوان معربس

Proche-Orient, Études juridiques

No abstract provided.

حول دستورية الحقوق والمبادئ الأساسية في قانون أصول المحاكمات الجزائية الجديد, دريد بشراوي

Proche-Orient, Études juridiques

No abstract provided.

إصلاح القطاع المالي في سوريا: عامل التحديث والنمو الاقتصادي, ناصر السعيدي

Proche-Orient, Études juridiques

No abstract provided.

La Différence Entre Le Contrat De Franchisage Et Le Contrat De Représentation Commerciale En Droit Libanais, Mazen N. Houssami

Proche-Orient, Études juridiques

No abstract provided.

L'Opinion Dissidente Du Juge Et Le Secret Du Délibéré, Nasri Diab

Proche-Orient, Études juridiques

No abstract provided.

Pour Une Théorie Générale Des Libertés Publiques Au Liban, Georges J. Assaf

Proche-Orient, Études juridiques

No abstract provided.

مشروع قانون الإرث لغير المحمديين الجديد ومقارنته مع القانون الحالي, Poej

Proche-Orient, Études juridiques

No abstract provided.

المرسوم رقم ٦٣٥٨ تاريخ ٢٠٠١/٩/١٩ المتعلق بنظام الدروس والامتحانات المؤدية إلى الإجازة اللبنانية في الحقوق في كلية الحقوق والعلوم السياسية في جامعة القديس يوسف, Poej

Proche-Orient, Études juridiques

No abstract provided.

لجان الاستملاك الاستثنائية, أنطوان معربس

Proche-Orient, Études juridiques

No abstract provided.