Land Use Law Commons^™

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+ …

Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour

Seattle University Law Review

Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …

Selective Patronage, Omari Scott Simmons

Seattle University Law Review

Contemporary academic corporate governance narratives have a blind spot. They focus on institutions, rules, regulations, processes, procedures, intermediaries, and market forces. Yet, missing in this narrative, is the impact of corporate leadership. Ignoring the “black box” of corporate leadership, particularly individual actors, renders an incomplete descriptive assessment as well as potential miscalculations. The examination of key historical figures and their corporate activism provides an important lens through which to identify potential challenges and opportunities related to the contemporary ESG movement.

Generally, this essay examines corporate leadership’s potential to address socio-political issues through the prism of Civil Rights Movement activism. Specifically, …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

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 …

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Climate Migration Beyond The Refugee Framework: Creating Bridges Between Human Rights And International Climate Law, Mara Elisa Andrade

Sustainable Development Law & Policy

No abstract provided.

Accounting For Climate Change In United States Regional Ocean Planning: Comparing The Obama And Trump National Ocean Policies To A Climate-Forward Approach, Taylor Goelz

Sustainable Development Law & Policy

No abstract provided.

Swallowing The Rule: Why Ferc’S “Immediate Need Exemption” Frustrates Competitive And Climate-Smart Electricity Sector Transmission Planning Under Order No. 1000, Philip Killeen

Sustainable Development Law & Policy

No abstract provided.

“At What Cost?’: The Future Of Securities Enforcement In Climate Change Litigation, Angela Washington

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Keanu Bader, Alexis Bauman

Sustainable Development Law & Policy

No abstract provided.

Endnotes

Sustainable Development Law & Policy

Endnotes

Risk Regulation And Management Against Illegal Wildlife Trade: Europe And America, Olonyi Bosire

Sustainable Development Law & Policy

Introduction

The source or initial crime in the illegal wildlife trade chain is mostly committed beyond the shores of North America and Europe. However, the two regions continue to be massive destination markets and key transit hubs for illegal wildlife products. Illegal trade networks are shadowy and therefore problematic to study. This helps explain the wide valuation of illegal wildlife trade currently estimated by the Global Environment Facility (“GEF”) as ranging between 7 and 23 billion dollars per annum.

Policies and strategies to pre-empt or respond to illegal wildlife trade keep evolving as appreciation grows for the previously underestimated complexities, …

The Truth Is Always In Style: Targeting Greenwashed Advertising In The Fashion Industry, Sydney Helsel

Sustainable Development Law & Policy

H&M’s 2019 “Conscious Collection” promotional images juxtapose lush green gardens with a hazy city skyline in the background. The collection, which advertises itself as “[t]he short cut to sustainable choices,” is just one example of many fashion brands’ attempts to capitalize on the increased demand for sustainable products. Each year, the fashion industry consumes approximately ninety-three billion cubic meters of water and produces an estimated ten percent of the world’s carbon emissions. The environmental effects of the fashion industry can be seen in images of the dried up Aral Sea in Uzbekistan and in the dye and chemical filled black …

The Overfished Pacific Bluefin Tuna: The Tragedy Of A Highly Migratory Fish Species, Theresa Geib

Sustainable Development Law & Policy

Introduction

The ocean is an abundant resource; however, overutilization is becoming an increasing threat to biodiversity. Approximately 90% of the ocean’s fisheries are overexploited, fully exploited, or have collapsed entirely. The issue of overfishing arose in the mid-1900s after the industrialization of the fishing industry. Once dominated by local fishermen, the industry now features commercial fleets with the technology to locate, extract, and process large numbers of specific fish species. An early 2000s study reported that only 10% of large ocean fish remained after years of industrial fishing, including the highly migratory Pacific Bluefin Tuna (“PBT”).

In 2016, the PBT …

An Opportunity That Should Not Be Missed: Applying Chinese Policy That Promotes Efficient Air Conditioning To Countries That Need It, Xiaopu Sun, Houfu Yan, Shekun Wang, Tad Ferris

Sustainable Development Law & Policy

Introduction

As the world warms, the growing use of air conditioners (“ACs”) and other cooling equipment becomes essential for human comfort and public health. In addition, cooling-equipment energy and refrigerant consumption also presents tremendous climate mitigation opportunities. The most efficient ways to capture much of the climate benefit lie in the hands of a small number of AC manufacturing and exporting countries, including China, which manufactures over 80% of global room ACs with a large amount of this cooling equipment destined for export. This article highlights one of China’s policies, the “Same Line, Same Standard and Same Quality” policy (“Same-Line …

About Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Keanu Bader, Alexis Bauman

Sustainable Development Law & Policy

Dear Readers,

The Sustainable Development Law & Policy Brief (SDLP) is celebrating twenty-one years of legal scholarship on issues related to environmental, energy, and international development law. We are honored to be the Editors-in-Chief at this pivotal moment in SDLP’s history. Over the past twenty one years, SDLP has addressed cutting-edge legal issues developing within international environmental law. This year is no different, as the COVID-19 Pandemic has impacted our communities, we rose to the challenge to continue to publish articles that push the limits of legal theory and policy, while giving a space for students to …

Endnotes, David Hunter

Sustainable Development Law & Policy

No abstract provided.

Nothing Shellfish About It: Why The Fad Needs To Update The Seafood List To Require Geographic Origin And Species-Specific Shrimp Labeling, Bree Evans

Sustainable Development Law & Policy

Introduction

Imagine you are seated at a nice restaurant down by the wharf where you live. You are celebrating a job offer, out for a romantic night with your partner, or just craving some salt air and a great meal. You would expect the shrimp tacos brought to your table to be fresh and local—the fishing boats are docked just across the boardwalk. But the seafood brought to your table seems off somehow, not quite the same as you remembered it. Unfortunately, this experience is more common than you might think, and it’s getting harder to know how fresh and …

A Silver Bullet: Could Data Linking Urban Heat Islands To Housing Discrimination Curtail Environmental Racism?, Russell Armstrong

Sustainable Development Law & Policy

“[A]ll things share the same breath— the beast, the tree, the man …the air shares its spirit with all the life it supports.”

Google “Chief Seattle” and you will likely find that quote. We now know it is a work of fiction after several misinterpretations and fabrications of Dr. Henry Smith’s original translation. We also know now that all people, particularly Black Americans, do not all breathe the same air. Instead, Black Americans and other underrepresented minorities are subjected to the toxic effects of climate change at increasingly disproportionate rates. Controlling for income, studies find racial identity is the most …

Manufacturers Beware Of Right To Repair: An Analysis Of The Resurgence Of Right To Repair & The Legal Consequences Of Third-Party Access To Embedded Software In The ‘Internet Of Things’ Era, Lindsey Barringto

Sustainable Development Law & Policy

On March 18, 2019 California became the twentieth state to introduce Right to Repair legislation in one year. The policy objectives for Right to Repair are straightforward: advocate for federal and state laws that make it easier for owners of consumer goods to ix a device when it breaks rather than relying on the Apple store. However, since 2014, small farmers have joined the Right to Repair movement because major manufacturers, such as John Deere, have consolidated dealer networks in response to the consolidation of farming in the past decade.

While proponents for Right to Repair legislation argue that consumers …

Climate Gentrification: An Imminent Threat To Oceanfront Cities, Marcel Apple

Sustainable Development Law & Policy

Overview

Traditionally, gentrification occurs when real estate prices appreciate, leading to significant cultural change in low-income communities and involuntary displacement of low-income residents. In recent years, Miami, Florida is beginning to feel the impacts of “climate gentrification.” High-income buyers, who historically develop property close to the ocean, are affected by rising sea levels and increasingly look inland to develop areas on higher ground. The influx of real estate investments in these is expected to lead to spiking home prices and property taxes, forcing many longtime community members to abandon their homes.

Homeowners in these communities already report approaches from developers …

Canada’S Arctic Policy Framework: Governance Transformation In Nunavut, C. Mark Macneill

Sustainable Development Law & Policy

On August 28, 2017 Canada’s Prime Minister, Justin Trudeau committed to a renewed relationship with Indigenous Peoples based on the recognition of rights, respect, co-operation and partnership. To accomplish this mission, major structural changes in how the Government of Canada engages and relates with Indigenous peoples across the country were co-developed with indigenous, territorial and provincial partners to form a new Arctic Policy Framework (APF). This has had major implications of departmental transformation, particularly for the former Department of Indigenous and Northern Affairs (INAC), Nunavut. Regional Office (NRO), its staff, programs, and operations.