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Egyptian Public Economic Policies Between The Supreme Constitutional Court And The State, Dina Sherif Abdelrahman

Theses and Dissertations

To fully understand the present, it is useful to trace the past. The relationship between the rule of law and economic development has been a significant topic in the literature. In the 1960s, it was believed that economic development required regulated markets in which the state played an active role. However, when it became evident that the state's involvement in the economy yielded few of the promised benefits, economic neoliberalism emerged. This involved the state withdrawing from the economy and allowing the market to take the lead. Still, the state must govern the institutional conditions necessary for the markets. These …

America’S Rampant Gun Epidemic: How 3d Printers Are Only Adding Fuel To The Fire, Haley Lustbader

Journal of Law and Policy

The assassination of the United Healthcare CEO in December of 2024 captivated national attention, specifically over the killer’s use of a homemade three dimensional (“3D”) printed gun. The use of 3D printing poses a breadth of opportunity for useful and valuable innovation across a variety of fields, such as allowing advancements in medical technology. However, with technology expansion comes associated risk and, in this case, that risk is the potential for increased presence of illegal firearms. Anyone with access to a 3D printer can download the necessary files and print weapon parts to create their own unregistered, untraceable firearms, including …

Shaping A More Equitable Election System: A Canadian Approach To Solving The Voting Rights Crisis In America, Michelle Gutowski

Journal of Law and Policy

In 1965, the Voting Rights Act was passed, ushering in a new era of voting freedom. The Act brought an end to many of the overtly discriminatory practices that had persisted for nearly two centuries. Over time, however, states began to introduce more subtle and complex voting regulations that gradually undermined the gains achieved through the civil rights movement. In 2021, the Supreme Court dismantled an essential safeguard for voters, significantly weakening the protections the Act once guaranteed. This erosion of protections is largely attributable to a single doctrinal standard within the Act, known as the totality of the circumstances …

Beyond The Ivy League: Stopping The Spread Of Antisemitism On American Campuses: Hearing Before The H. Comm. On Educ. & The Workforce, 119th Cong., May 7, 2025 (Statement Of David D. Cole), David Cole

Testimony Before Congress

In this testimony, submitted to the House Committee on Education and the Workforce for a hearing on antisemitism on campus, I sought to offer a legal framework for considering antisemitic speech on campus. The testimony cautions against equating criticism of Israel with antisemitism. But more importantly, it notes that even where speech is actually antisemitic, it is generally protected by the First Amendment (and therefore also protected by private university policies that protect free speech on campus). Title VI of the Civil Rights Act does not prohibit antisemitic speech, even virulently antisemitic speech. It prohibits discrimination on the basis of …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …

When You’Re Arrested For A Felony In Seattle, You’Ll Meet Me., Austin Field

Seattle University Law Review

In this Essay, Austin Field, a practicing public defender, uses a first-person perspective to describe what it is like to meet a criminal defendant for the first time. He explains the process from start to finish, detailing everything from the way he introduces himself to how bail works.

"I’ll ask you for your name. Most of the time, you tell me. I check your name against my list. On any given day I’m supposed to interview between five and fifteen people. I have a lot of questions for you. We only have about ten minutes."

Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Machinists Preemption In The New Administrative Law, Andrew J. Ziaja

Seattle University Law Review

This Article assesses Machinists preemption—a labor-specific form of implied field preemption—while freshly considering implications both for and of new developments in administrative law. The radical transformation of administrative law in the Supreme Court, particularly its newfound emphasis on clear-statement rules, provides opportunities to reconsider the Machinists rationale. Aligning with scholars who have called to question the doctrine’s “ossifying” influence on labor and employment policy, it argues that the modern-day version of Machinists preemption clashes with the Supreme Court’s newly constrained view of delegated power and its differing conceptions of the major questions doctrine.

On the other hand, Machinists preemption might …

The Bare-Majority Requirement Of The Delaware Judiciary And Its Unfortunate Violation Of The First Amendment, Tyler Mayhew

William & Mary Bill of Rights Journal

This Note will attempt to remedy the circuit split on the issue of whether judges are policymakers for purposes of the First Amendment, and if they are not—as this Note concludes—whether the Delaware Constitution is in violation of the First Amendment through its major-party and bare-majority requirement.

First, this Note will analyze the development of the only challenge to article IV, section 3 of the Delaware Constitution as it proceeded from the U.S. District Court for the District of Delaware to the U.S. Supreme Court where it was thrown out on standing. Second, this Note will argue that judges are …

“Shipping” Away The Captive Audience Meeting, Nathan Kakalec

Fordham Law Review

On November 14, 2024, the National Labor Relations Board (NLRB) overturned seventy-six years of labor law precedent by banning captive audience meetings in Amazon.com Services LLC. Captive audience meetings, mandatory meetings where employers discuss unionization with their employees, were a powerful anti-union tool used by employers to coerce their employees into rejecting unionization. The NLRB argues that captive audience meetings are inconsistent with § 7 and § 8 of the National Labor Relations Act (NLRA). Employers reject the NLRB’s assertion and contend that banning captive audience meetings infringes on their First Amendment right to communicate their views on unionization. …

Analyzing The Role Of Socio-Political And Cultural Factors In The Implementation Of Transitional Justice In Afghanistan From 2001-2021, Narwan Alawi, Tufail Ahmad Peerzada

Indonesian Journal of International Law

After the end of conflicts, countries generally try to prosecute the criminals who committed war crimes and violations of human rights during conflicts and civil wars to prevent the recurrence of such incidents. In some cases, special courts have been established to trial the perpetrators of these crimes. In post-2001 Afghanistan, as foreign forces led by the USA removed the Taliban from power and with the establishment of the Republic of Afghanistan, a new phase of transitional justice was anticipated. Although the Afghans initially hoped that justice would not be ignored, however, preference was given to establish peace, and the …

Hoodwinked By Rucho: The Illusion Of Protection For Racial Gerrymandering In Federal Courts, Krystell Fienco

University of Miami Race & Social Justice Law Review

"lt is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule." - Marbury v. Madison, 5 U.S. 137 (1803).

"[W]e must never forget, that it is a constitution we are expounding." - McCulloch v. Maryland, 17 U.S. 316 (1819).

A New Equal Protection And Due Process Clause: Pushing Back On The Eleventh Circuit’S Error In Corbitt, Alberto Bufalino

University of Miami Race & Social Justice Law Review

No abstract provided.

Brief Of Amici Curiae 775 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert, Anthony J. Sebok

Amicus Briefs

Amicus curiae brief submitted by 775 law professors in support of Susman Godfrey LLP's motion for summary judgment and request for declaratory and permanent injunctive relief in Susman Godfrey LLP v. Executive Office of the President. The brief argues that Executive Order 14263 unlawfully targets a law firm based on its clients, advocacy, and litigation activities, in violation of the First Amendment, Fifth Amendment, and Sixth Amendment. The amici contend that the order constitutes impermissible viewpoint discrimination, interferes with the right to counsel, and threatens the independence of the legal profession and the rule of law.

Attitudes On Solitary Confinement, Emily Dewey

Undergraduate Theses

Solitary confinement is widespread and recognized as harmful in society. However, it is not as researched as other controversial issues, including immigration, gun control, abortion, etc. Due to this, it is hard to gauge how supportive the public is or isn't of related practices. In a general sense, public support has been established by legislators crafting policy, and by extension United States Supreme Court decision making. This is particularly crucial in discussions on interpretations of the 8th Amendment/ cruel and unusual punishment. Existing case law, such as Peoples V. Fischer, found that solitary confinement was arbitrary and needed reform, including …

Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana

Northwestern University Law Review

Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”

This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …

Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam

Northwestern University Law Review

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …

Is There A Gender Gap In Campaign Spending Strategies?, Paul S. Herrnson, Charles Hunt, Jaclyn Kettler

ConLawNOW

Women politicians have traditionally faced greater challenges when running for office than their male counterparts. These include less encouragement from political gatekeepers, fundraising obstacles, and voter skepticism about their abilities—particularly among men. Nevertheless, women have made substantial advances in the electoral arena, including increasing their numbers in Congress. Some of these gains can be attributed to changing voter attitudes, the mobilization of female campaign contributors, and recent female politicians learning from the successes of their predecessors. Studies have documented the similarities and differences in how men and women candidates for the U.S. House of Representatives raise money, staff campaign organizations, …

Amendment 7 Ballot Candy And The Single Subject Rule: How The Legislative Supermajority Amended The State Constitution To Limit Voter Choice, Joshua A. Jones

SLU Law Journal Online

During the most recent general election, Missouri voters passed Amendment 7, a legislative ballot measure which erected bulwarks around an election process that limits voter choice. This article will discuss some of Missouri’s constitutional protections against deceptive ballot provision packages, specifically the single subject rule, as well as why they necessarily fall short of total efficacy. It does not argue for a more stringent application of the rules, because doing so would have implications for one of Missourians’ most powerful tools of direct democracy. The paper will examine Amendment 7 for its use of “ballot candy” that legislators successfully dangled …

Lessons For The Trump Administration From The Biden U.S. National Strategy To Counter Antisemitism, Lili Levi

Articles

In May 2023, the Biden Administration issued the first-ever U.S. National Strategy to Counter Antisemitism [hereinafter National Strategy] with a goal of hindering further normalization of antisemitism by increasing public awareness of antisemitism and highlighting positive Jewish contributions to America. Recent events, however-particularly the social and political upheaval over protests of the war in Gaza-have led to public contestation over Israel, increased instances of antisemitism, and the partisan politicization of Jewish issues. Now, the Trump Administration explicitly purports to fight antisemitism by widespread attacks on universities over antisemitism on campus. Does this mean that the National Strategy has become anachronistic, …

Put Me In, Coach: Constitutional Concerns Of Judicial Activism And Legislating From The Bench, Jacob M. Elliott

Senior Honors Theses

Unrestrained judicial activism and legislating from the bench at the Supreme Court level place federalism and freedom in jeopardy. By ignoring crucial doctrines like jurisdiction, deference, and independence, the Supreme Court has demonstrated a tendency toward reinterpreting existing Constitutional precedent as they see fit, basing judgments on extra-legal influences, and supplanting Constitutional principles with their own personal policy preferences.

Numerous cases demonstrate the looming threat of judicial overreach; these cases are often considered some of the most damaging and injurious decisions in the history of the American federal judiciary. One potential solution is to appoint justices who will operate …

Property And Prejudice, Fatma E. Marouf, Vanessa Casado Pérez

Faculty Scholarship

“Alien land laws”—laws restricting noncitizens from owning real property—are back. A dozen states have enacted such laws during the past year, and over thirty states have considered such bills. These new bills are rooted in xenophobia, much like their predecessors, but they also have unique characteristics. They single out governments, citizens, and corporations of specific countries perceived to pose a threat; they impose ownership restrictions based on arbitrary distances to U.S. military bases and critical infrastructure; they inflict particularly harsh penalties; and they try to ferret out foreign control in complex corporate structures. The purported justifications are national defense, food …