Law and Economics Commons^™

The End Of Unmeasured Exploitation: How A.S.M., C.A.S., And S.I.A. Challenge Digital Attention Capitalism, Delante Clark

Graduate Scholarship and Creative Works

Digital attention capitalism generates value through the capture and monetization of human attention, yet it has historically lacked standardized mechanisms for measuring attention-related harm. This paper argues that the Attention Safeguard Models (A.S.M.), Cognitive Attentional Standards (C.A.S.), and Sociological Impact Assessment (S.I.A.) collectively challenge this system by introducing an integrated framework for classifying, measuring, and evaluating digital attention harm and its societal consequences. C.A.S. provides standardized measurement of digital attention harm, A.S.M. identifies and classifies patterns of attentional disruption and manipulation, and S.I.A. evaluates broader impacts on institutions, communities, civic engagement, education, social cohesion, and inequality. Together, these systems transform …

Digital Media And Its Effect On Domestic And International Copyright, Jasmine Martin

Latin American & Caribbean Law Review

This article explores the history of modern copyright law and identifies the pitfalls of a legal framework built around physical media, such as the doctrines of first sale and fair use. As markets have shifted to digital distribution, these doctrines have been weakened or displaced by licensing regimes that redefine ownership as limited access. The article argues that this transition has systematically eroded consumer rights, allowing copyright holders to impose restrictions through contracts and technological controls that bypass traditional protections.

Lessons From The Fall Of The Roman Empire: The Patent Law Edition, Emma Masters

Latin American & Caribbean Law Review

This article examines the crises threatening the U.S. Patent System through the historical lens of the fall of the Roman Empire, arguing that a loss of predictability and the hollowing out of property rights threaten to dismantle American innovation. Drawing parallels between the Roman Empire’s economic decay and modern legal trends, this piece explores how costly litigation—often surpassing millions of dollars—and the rise of “efficient infringement” among other troubling phenomena, act as a “tax” on innovation that disproportionately stifles small and medium-sized enterprises (SMEs). The U.S Patent System’s original purpose of incentivizing innovation is being compromised by patent thickets, a …

On The Need To Recognize The Erga Omnes Effect In Fundamental Rights In Chilean Law, José Luis Guerrero Becar

Latin American & Caribbean Law Review

This article refers to the Chilean legal tradition of the relative effect of judgments, that is, their effects apply only to the parties involved in the litigation. This principle has an express exception in the Consumer Rights Protection Act, which mentions the erga omnes effect. Since 2010, this principle has come under scrutiny due to constitutional injunctions in social security matters administered by private companies known as ISAPRES (National Health Insurance Companies). These companies have increased the prices of health plans, using tables that apply factors based on age and sex. This has led to the filing of thousands of …

Pengenaan Data Provisioning Fee Sistem Layanan Informasi Keuangan (Slik) Terhadap Lembaga Pengelola Informasi Perkreditan: Tinjauan Implikasi Prinsip Resiprokal Dan Aspek Keadilan Dalam Pungutan Otoritas Jasa Keuangan, Gumelar Taufik Yugo Rahmanto, Gunardi Sa Lumbantoruan, Henry Darmawan Hutagaol

Jurnal Hukum & Pembangunan

The dual system model in the implementation of credit information in Indonesia makes the relationship between the Financial Services Authority (OJK) as a public credit registry and the Credit Information Management Institution (LPIP) as a private credit bureau interesting to observe. In particular, the relationship is related to access to the Financial Information Service System (SLIK), which is one of the data sources used by LPIP in carrying out its activities. This study aims to examine the implication of the principle of reciprocity in the exchange of credit information through SLIK, as well as the fairness aspect of the imposition …

The Non-Binding Bind: Reframing Precatory Stockholder Proposals Under Delaware Law, Kyle A. Pinder

Michigan Business & Entrepreneurial Law Review

Rule 14a-8 under the Securities Exchange Act of 1934 allows stockholders to submit proposals for inclusion in a company’s proxy materials. The rule assumes that Delaware law provides stockholders with the right to submit non-binding proposals for stockholder approval. But as many have observed, this assumption lacks a firm basis in state law, particularly in Delaware. If such a right exists, a stockholder conducting its own proxy solicitation could submit numerous precatory proposals, including those advancing narrow or special interests. This article concludes that, under Delaware law, stockholders do not have an inherent right to submit precatory proposals. Accordingly, a …

Navigating The Eu’S Corporate Sustainability Due Diligence Directive: Strategic Implications For Us Companies, Silvia Ciacchi, Michael Faure, Sharon Oded

Michigan Business & Entrepreneurial Law Review

The European Union’s (“EU”) Corporate Sustainability Due Diligence Directive (“CSDDD” or the “Directive”) introduces new human rights and environmental obligations that reshape global corporate governance. This paper explores its impact on US companies, with a particular focus on compliance strategies under both direct and indirect applicability. It contrasts tactical compliance, which emphasizes risk mitigation while meeting minimum legal requirements, against strategic compliance, where companies use sustainability to gain a competitive edge in the market.

This paper highlights how varying enforcement levels across EU Member States may incentivize companies to “forum shop” or choose jurisdictions with more relaxed enforcement. It also …

Status Quo Bias Dalam Reformasi Hukum Acara Pidana Di Indonesia: Kegagalan Penguatan Pengawasan Pengadilan (Judicial Scrutiny) Yang Lebih Optimal, Choky Risda Ramadhan, Abni Nur Aini, Dheliana Khairunisa

The Indonesian Journal of Socio-Legal Studies

Pretrial proceedings (Praperadilan), as a form of judicial scrutiny, function as a control mechanism over the actions of law enforcement officials to prevent abuses of power. This mechanism was introduced in the 1981 Criminal Procedure Code (Kitab Undang-Undang Hukum Acara Pidana, KUHAP) and re-regulated in the 2025 KUHAP. However, numerous studies and focus group discussion with legal scholars and law enforcement officers have documented structural weaknesses in Praperadilan, prompting calls to reform judicial scrutiny in order to more effectively limit law enforcement authority and protect the human rights of individuals involved in criminal proceedings. During the Reform era (2004–2025), proposals …

Patents And Incentives To Assign, License, Or Litigate, Keith N. Hylton

Faculty Scholarship

This paper presents a model of the activity of patent intermediaries and potential infringers in a system of costly patent litigation.  Because the intermediary, in comparison to the inventor, has a more credible threat to sue, both the revenue from infringement litigation and the intrinsic value of the patent are greater in the intermediary’s hands.  The central finding is that intermediaries license patents to potential infringers when infringement litigation is inefficient. Intermediaries tend to acquire high-quality patents from inventors and assign low-quality patents to potential infringers. Another issue this model addresses is the differential between the private and the social …

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: …

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 …

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 …

Introduction To The Oral History Project Of The World Trading System: The Story Of John H. Jackson And His Unique Role, Jennifer A. Hillman

The Oral History Project of the World Trading System

Georgetown Law has been fortunate to have so many pathbreaking professors teaching, researching, and writing here. For those in the international trade arena, none stands taller than Professor John H. Jackson, who came to Georgetown in 1998 after a storied teaching career at the University of Michigan and immediately set to work with his singular ability to bring together scholars, students, government officials, and practitioners to examine the trade challenges of the day from every angle—always looking to develop innovative ideas and practical solutions.

Immediately upon arrival at Georgetown, Professor Jackson created the Institute of International Economic Law (IIEL)—one of …

The Misinterpretation Of “Corporation” In Indonesia’S Penal Code No. 1 Of 2023: Ensuring Legal Certainty For Recognized Corporate Forms, Rizaldy Alif Syahrial

Indonesia Law Review

Abstract

Law No. 1 of 2023 on the Indonesian Penal Code expands criminal liability to include entities that do not possess legal personality, allowing informal entities such as commanditaire vennootschappen (CV), partnerships (firm), unincorporated business groups, and unregistered associations to be prosecuted as corporations. This expansion aims to close legal loopholes in addressing modern criminal activity and to align Indonesia with global developments in corporate criminal liability. However, extending criminal liability to non legal persons generates conceptual tension because Indonesian legal doctrine distinguishes between natural persons and legal persons, which possess legal personality, decision making organs, separate assets, and autonomous …

Law Enforcement With Rent Dissipation, Murat C. Mungan, J. Shahar Dillbary

Faculty Scholarship

We consider a framework which brings together losses arising from rent-dissipation and the workhorse model of law enforcement. Governmental actors engage in a contest to share the proceeds from the enforcement of the law through monetary fines, which leads to rent-dissipation. This causes monetary sanctions to be costly, rendering the model used for studying nonmonetary sanctions a better fit for their analysis. The effect of rent-dissipation on optimal sanctions is directly related to the sanction elasticity of offenses measured at the classic optimum (i.e., where the expected sanction equals the direct harm from the offense). When offenses are inelastic, the …

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.

Synthesis Report, Khalid Naciri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Thirty years after Moroccan civil servants were granted a specific legal and administrative framework, the General Statute of Public Service naturally prompted reflection and debate among practitioners and academics. In this spirit, the Public Law Department of the Faculty of Legal, Economic, and Social Sciences at Hassan II University organized a colloquium on May 12–13, 1989, to examine the public service, focusing on elements of continuity and change. Situated at the intersection of legal, cultural, sociological, and political dimensions, the subject proved particularly complex. The colloquium explored this complexity through three main themes: the structures of public service, the legal …

The Evolution Of The Legal Status Of Civil Servants, Mohamed Aliat

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Before independence, the Moroccan public service comprised approximately 400 separate grades, each governed by its own specific statute, resulting in significant disparities and administrative complexity. After independence, authorities faced the challenge of restructuring, harmonizing, and adapting administrative frameworks to new realities. Morocco adopted the "pragmatic localized reform method" rather than a comprehensive systematic overhaul. This approach began with the enactment of the General Statute of Public Service in 1958, followed by a transitional period of careful assessment. This process culminated in the 1967 cadre reform, later complemented by the 1975 reform, marking a gradual but significant evolution in the legal …

Statutory Guarantees Of Civil Servants, Amal Mourji

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the statutory guarantees of civil servants through a comparative analysis of two contrasting public service models: open and closed systems. In open systems, public employment is based on contracts, allowing mobility between public and private sectors, which enriches both mindsets and administrative structures. In closed systems, civil servants enter through competitive examinations and remain in public service until retirement, with strict separation between public and private sectors. They are governed by a legal and regulatory statute rather than contracts. While neither system exists in absolute form, they serve as simplified models. The author cites Anglo-Saxon countries (notably …

Some Reflections On The Municipal Public Service, Abderrahim Fadil

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper highlights the significant gap between extensive research on state public service and the scarcity of studies on municipal public service (MPS), which remains poorly understood. The creation of MPS in Morocco is linked to the decentralization movement initiated by the Municipal Charter of September 30, 1976, with both themes being closely intertwined. Without a functioning MPS, decentralization at the local level risks being ineffective. In countries like Spain and France, territorial public service has become a cornerstone of local political-administrative systems. In Morocco, MPS is relatively recent, reflecting the growing role of municipalities in national life. This study …

Rules Of Public Service: Between The Domain Of Law And The Regulatory Domain, Mohamed Acherki

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the constitutional distribution of legislative and regulatory powers concerning public service rules in Morocco. Under the 1962 Constitution, only "basic guarantees granted to civil and military state employees" fell within the legislative domain, with all other public service rules relegated to the regulatory sphere. The 1970 Constitution maintained this approach. Despite constitutional provisions allowing for the adoption of organic laws to clarify and delimit these domains, no such laws were ever enacted for public service. Consequently, between 1962 and 1972, most public service rules remained within the regulatory domain, including some initially adopted by legislative acts, which …

Workforce Management In The Public Service: Rules, Methods, And Means, Mostafa Rhomari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Structural adjustment, budgetary constraints, administrative downsizing, restructuring, and privatization have become key drivers of public service reforms in developing countries. These reforms have prompted a continuous reassessment of workforce management, aiming either to curb rising personnel costs or to address shortages of highly skilled specialists, staff surpluses, or poor distribution across administrative sectors. The ultimate objective is workforce redeployment, guided by the principle: "Place the right people, in the right place, at the right time." Achieving this requires determining adequate staff numbers and qualifications while ensuring optimal geographical and functional distribution. Effective workforce management remains essential for improving administrative efficiency …

The Specificity Of Judicial Review Over The Legality Of Conservation (Land Registration) Decisions, Mohamed Chnan

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the unique nature of judicial review concerning conservation decisions (land registration) in Morocco. The author highlights the exceptional gravity of these decisions, as they directly affect property rights—a fundamental right protected by the Constitution. Unlike other administrative acts, conservation decisions are not subject to any form of appeal, not even before the administrative courts. This legal anomaly is particularly striking given that even constitutional provisions can be reviewed through referendums, and other administrative decisions may be challenged through annulment proceedings. The author argues that this exceptional rule, consistently upheld by case law, can only be explained by …

Presidential Authority And Human Relations In The Public Service, Lahoucine Oulkaid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper examines the relationship between superiors and subordinates in public administration and its impact on administrative systems. The nature of this relationship reveals the prevailing administrative culture and determines whether subordinates remain passive followers or become active participants in decision-making. The study contrasts centralized administrative systems, where authority is concentrated among senior officials, with decentralized models that grant regional or specialized bodies legal personality and some autonomy. Decentralization is widely regarded by scholars as a necessity of the modern era and a key indicator of administrative development. The author argues that participatory approaches and balanced power distribution contribute to …

Exemption Of Subordinates From Obedience To Superiors In The Public Service Sector, Radouane Abou Joumaa

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

On the occasion of the thirtieth anniversary of Morocco's first Public Service Act, this paper revisits key principles to assess their continuity or evolution over time. The focus is on presidential obedience, a fundamental duty that ensures subordinates' actions carry legal legitimacy and enables effective administrative organization. However, this duty raises complex questions that extend beyond legal frameworks to encompass sociological and historical dimensions. The author examines whether circumstances exist where subordinates may be exempted from obeying superiors, exploring the delicate balance between hierarchical discipline and individual responsibility. This analysis highlights the tension between administrative hierarchy and evolving concepts of …

Legality And Appropriateness In Public Service Decisions, Abdellah El Idrissi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The organization of public service aims to address practical issues by ensuring sound administration and meeting public needs while responding to civil servants' aspirations for continuous improvement. Decisions taken by governmental authorities regarding their employees—such as recruitment, training, promotion, transfer, discipline, and performance evaluation—are among the most significant and directly affect civil servants' administrative careers and rights. Given their impact on rights and freedoms, public service legislation typically surrounds these decisions with procedural guarantees to protect employees against potential abuses. However, these legislative safeguards remain insufficient unless civil servants can challenge administrative decisions before the courts, reinforcing the importance of …