Juvenile Law Commons^™

Predicting Less, Understanding More: Shifting The Use Of Machine Learning From Individual Prediction To Structural Insights In Systems That Affect Children And Families, Amanda J. Fairchild, Joshua Gupta-Kagan, Andrew Barclay

Faculty Scholarship

Machine learning algorithms have been deeply embedded across domains, valued for their capacity to analyze large-scale data and to support a range of descriptive and predictive tasks. Despite their versatility, most applications to date have focused on individual-level prediction at the expense of broader structural insights. This paper shifts that focus by using comprehensive demographic, juvenile justice, and other key data from child-serving agencies in one southern state to examine how juvenile and family court intake structures shape case outcomes in delinquency referrals. Specifically, we combine machine learning algorithms with a doubly robust, potential outcomes-based modeling procedure to estimate the …

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 …

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: …

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 …

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …

Promoting Developmentally Informed Justice: A Developmental Assessment Referral Framework For Juvenile Transfer Decisions, Carly F. Colman

Graduate School of Professional Psychology: Doctoral Papers and Masters Projects

The transfer of youth between juvenile courts and adult courts is one of the most consequential decisions made in the American legal system, as it will influence the youth’s legal outcomes, developmental trajectories, and long-term well-being. Advances in adolescent brain science show that there are many factors associated with youthful offending, including developmental immaturity, susceptibility to external influences, and ongoing neurobiological development—all of which are related to age, rather than being fixed criminal traits. Despite this growing body of evidence, legal decision-making in juvenile transfer and sentencing does not consistently incorporate individualized developmental data. This paper examines the important role …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

The New Parens Patriae, Meredith Johnson Harbach

Kentucky Law Journal

No abstract provided.

Juvenile Lifers: Adapting To Life While Doing Life, Tristin Faust

Theses, Dissertations and Culminating Projects

This qualitative study examined psychosocial maturation among individuals sentenced to life imprisonment for offenses committed during adolescence. Archival interview and survey data were analyzed for 30 men who had been resentenced and released after serving an average of 31 years in prison. Findings revealed a developmental progression across four stages: pre-incarceration, initial incarceration, catalysts for change, and later incarceration. Participants described entering prison with developmental immaturity compounded by trauma, unstable home environments, educational disruption, and antisocial peer influence. Their early years of incarceration were marked by anger, fear, misconduct, and survival-oriented behavior. Over time, participants identified discrete events and ongoing …

Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian

Amicus Briefs & Court Filings

INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …

Litigating The Youth Mental Health Crisis: Mechanisms To Regulate Addictive Social Media Design, Talia Elliott

Washington and Lee Law Review

While social media offers real benefits to users, such as providing access to information and facilitating the free exchange of ideas, excessive social media use is associated with increases in anxiety, depression, and other serious mental-health harms. Social media platforms are designed to maximize profit by capturing user attention, resulting in interfaces that are dangerously addictive and prone to exposing users to harmful content. Currently, social media users alone bear the burden of navigating the dangers of social media. This is untenable. Young users, whose less developed brains leave them more vulnerable to addictive design features, find self-regulation especially challenging. …

Learning From Lochner: When Children Are Harmed By Technological Revolutions, Brooke Hodson Davies

Utah Law Review

Drawing on parallels from child labor reform in the Second Industrial Revolution, this Note argues that stopping Big Tech’s harm to children in the Fourth Industrial Revolution requires Congressional legislation and judicial avoidance of Lochnerian approaches to the Constitution. Like its Big Business predecessors, today Big Tech maximizes profits by harming kids, necessitating government intervention of this market failure. Despite noble attempts, state-based efforts have been rendered relatively ineffective due to legislative non-uniformity, interstate competition, and enforcement limitations. Likewise, federal regulations currently in place fall short and even shield Big Tech from liability. Consequently, Congressional action is urgently needed. Critically, …

Taking The Thumb Off The Scale: Rebalancing Parental And Children’S Rights To Empower Child Protective Services, Sebastian Wagner

Utah Law Review

This Note provides background on the current legal framework of state prevention of child maltreatment in the United States. It discusses parental rights and the Parental Rights Doctrine, child rights in the United States, and how states prevent child maltreatment through child protective service agencies.

This Note also explores the legal landscape surrounding the balance of parental rights and children’s rights in child welfare cases. One of the central issues in the current framework is how the Parental Rights Doctrine can significantly limit the state’s ability to intervene in cases where children are at risk. State intervention, governed by vague …

The Weight Of Discretion: Examining Perceptions, Decision-Making, And Overrepresentation In Canada's Youth Criminal Justice System, Adrienne Graham

Dalhousie Journal of Legal Studies

The Youth Criminal Justice Act (YCJA) has changed the way that youth encounter Canada’s criminal justice system. While the reintegration and rehabilitation goals of the YCJA have decreased overall youth custody rates, Black and Indigenous youth continue to be treated differently than other youth. This paper examines the overrepresentation of Black and Indigenous youth in the criminal justice system, the impact of poverty on police oversurveillance, various policing practices, and the role of extrajudicial measures. Through discussing youth perceptions on police legitimacy alongside police perceptions of youth, this paper will demonstrate that in order to further the principles …

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 …

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

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …