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Articles 31 - 60 of 1097
Full-Text Articles in Law and Politics
Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan
Law School News: Rwu Day Of Law And Justice Showcases Powerful Combinations At The Statehouse 4-9-2026, Jordan J. Phelan
Life of the Law School (1993- )
No abstract provided.
The Addison C. Harris Lecture: Intellectual Diversity Mandates And The Freedom To Teach, Keith E. Whittington
The Addison C. Harris Lecture: Intellectual Diversity Mandates And The Freedom To Teach, Keith E. Whittington
Indiana Law Journal
This Essay provides the first examination of the Indiana Senate Bill 202, which was adopted into law in the spring of 2024. The new law imposes an “intellectual diversity” mandate on public university classroom teaching in the state. The law is novel in its approach but is part of a larger movement to intercede in what is taught in university classrooms. The intellectual diversity mandate raises difficult and unexamined conceptual, normative, and practical problems that will now demand attention from university officials in Indiana and that might soon confront university administrators in other states across the country if the Indiana …
Ai, Antitrust, And The Marketplace Of Ideas, Maurice E. Stucke
Ai, Antitrust, And The Marketplace Of Ideas, Maurice E. Stucke
Fordham Law Review
No abstract provided.
The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman
The Revival Of Section 5: A Return To The Ftc’S Roots In A Time Of Democratic Crisis, Shaoul Sussman
Fordham Law Review
No abstract provided.
The Sour Truth: Maine's Refusal To Provide Agricultural Workers Equal Employment Rights By Statutory Exclusion, Natalie Jump
The Sour Truth: Maine's Refusal To Provide Agricultural Workers Equal Employment Rights By Statutory Exclusion, Natalie Jump
Maine Law Review
Agricultural work is some of the most dangerous and grueling work there is, but you wouldn't know that from the way Maine's wage and hours laws have treated agricultural workers, both historically and today. Until 2025, farmworkers were not entitled to Maine minimum wage and were guaranteed only the significantly lower federal minimum wage. The Maine State Legislature decided that agricultural workers deserved more and passed a law during the first session of the 132nd Legislature that required agricultural workers to be paid Maine minimum wage. However, agricultural workers remain statutorily exempt from the definition of "employee" and therefore still …
U.S. Trade Law And Policy At A Crossroads, John K. Veroneau
U.S. Trade Law And Policy At A Crossroads, John K. Veroneau
Maine Law Review
The past decade has witnessed significant changes in U.S. international trade policy. In his first presidential term, Donald J. Trump moved the United States away from long-standing policies of lowering trade barriers to facilitate global commerce and replaced them with a more restrictive version not seen since the early twentieth century. President Trump's more trade-restrictive policies were largely extended by his successor, President Joseph R. Biden. The first year of President Trump's second term has indicated a strong desire to restrict imports further in an attempt to create U.S. manufacturing jobs and reduce reliance on Chinese imports. This Article seeks …
Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle
Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle
Northwestern University Law Review
This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …
The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev
The Vanishing Enforcer: Consumer Protection In An Era Of Dual Retrenchment, Alisher Juzgenbayev
Northwestern University Law Review
Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White House, have significantly weakened administrative agencies. This administrative retrenchment is concerning as private enforcement of a number of consumer protection statutes has been simultaneously curtailed through the Supreme Court’s decisions in Spokeo, Inc. v. Robins and TransUnion LLC v. Ramirez, which dramatically narrowed plaintiffs’ standing. These decisions rely in part on a vision of strong executive authority, positing that broad private standing conflicts with an Article II framework where a politically accountable President faithfully implements laws …
A Giving Tree Approach: Balancing Transparency And The Deliberative Process In Judicial Review, Anteo W. Chevere
A Giving Tree Approach: Balancing Transparency And The Deliberative Process In Judicial Review, Anteo W. Chevere
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald
Sea Changes In Sue-And-Settle Policy: The Tides Of Transparency And Expediency, Evan B. Fitzgerald
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale
Checkmate Or Stalemate: The Epa, California, And The Future Of Waivers Under The Clean Air Act, William B. Gale
Villanova Environmental Law Journal (1991 - )
No abstract provided.
The Lost Origins Of Antitrust, William Magnuson
The Lost Origins Of Antitrust, William Magnuson
Faculty Scholarship
Over the last decade, the once-sleepy field of antitrust has suddenly sprung to the forefront of public attention. The digitalization of the economy, the expansion of Big Tech, and the rise of platform monopolies have all raised deep questions about the nature of corporate power and law’s capacity to constrain it. Some scholars have argued that antitrust enforcement must be reinvigorated in substance and broadened in scope in order to combat rapidly rising economic inequality. Others have argued that antitrust law is ill-equipped to address these broad moral issues and instead must be re-focused on its traditional principles of consumer …
Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen
Outbound Investment Restrictions And International Law’S Challenge, Harlan Grant Cohen
Seattle University Law Review
The Outbound Investment Rule, restricting U.S. investment in certain Chinese advanced technology sectors, has largely been portrayed as an incremental measure, a modest extension to fill loopholes in the existing investment screening regime. But while perhaps the logical next step in the securitization of the economy, the Outbound Investment Rule actually reflects a momentous shift in the relationship between governments and business, one playing out in the United States and around the world and worth attention. Unlike traditional investment screening, the Outbound Investment Rule operates like a sanctions regime, designed not to protect the U.S. economy, but to hamper the …
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Navigating Compliance In A Geopolitical Era: The Case Of Chinese Multinationals In The United States, Ji Li
Seattle University Law Review
This Article examines how Chinese multinational companies (MNCs) approach compliance in the United States amid deepening geo-political rivalry and intensified regulatory scrutiny. Drawing on original survey data, this Article maps variations in compliance structures, staffing, and governance mechanisms across Chinese firms and identifies key determinants such as industry-specific regulatory intensity, listing status, and organizational imprinting from headquarters. The analysis employs a dual institutional framework to explain how compliance systems emerge from the interplay between host-state regulatory demands and home-state institutional legacies, producing hybrid structures that blend local adaptation with headquarters-driven replication. Findings reveal that while certain compliance features—such as committee …
The Field Of International Business Transactions Law, Kathleen Claussen
The Field Of International Business Transactions Law, Kathleen Claussen
Seattle University Law Review
This Article studies the evolution of the scholarly subfield referred to as the law of “international business transactions” (IBT). It reviews data on academic articles, courses, textbooks and other signifiers of the growth of this research area. Beginning around 1960, scholars began to use the term “international business transactions” and by the 1980s, several law schools were offering a course by that title. A handful of dedicated textbooks soon followed. These data reflect a gradual increase in research on the topic of IBT, particularly in the United States, but also considerable diversity of subject matters covered by those works. The …
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes
Seattle University Law Review
The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security. For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals. However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Seattle University Law Review
There has been a seismic shift in American attitudes toward the free flow of data across borders. In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
Seattle University Law Review
This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Seattle University Law Review
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They press their claims in street protests, legislative hearings, dramatic performances, and other fora. The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin. More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Seattle University Law Review
Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Seattle University Law Review
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Seattle University Law Review
Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …
Vacancies Filled By Voters’ Voices: A Call For Open Special Elections With Ranked Choice Voting In New York, Fordham Law School Rule Of Law Clinic, Dani D'Annunzio, Dawn Edelman, David Zwick
Vacancies Filled By Voters’ Voices: A Call For Open Special Elections With Ranked Choice Voting In New York, Fordham Law School Rule Of Law Clinic, Dani D'Annunzio, Dawn Edelman, David Zwick
Rule of Law Clinic
New York’s special election system for filling vacancies in the U.S. House of Representatives and the State Legislature excludes voters from the candidate selection process. Instead of voters selecting nominees, political party leaders designate their parties’ respective candidates. In this report, the Fordham Law School Rule of Law Clinic recommends reforming this system by implementing open special elections using ranked choice voting. All candidates who meet petition signature requirements, regardless of party affiliation, would compete in a single election. This reform would improve participation, representation, and accountability without sacrificing efficiency.
The Establishment That Time Forgot: The Historical Understanding Of Religious Offenses And Their Unconstitutionality In Modern Law, Benjamin J. Citow
The Establishment That Time Forgot: The Historical Understanding Of Religious Offenses And Their Unconstitutionality In Modern Law, Benjamin J. Citow
Northwestern University Law Review
This Note argues that religious offenses, meaning laws which penalize conduct for religious purposes, should be barred by the Establishment Clause of the Constitution, as the Clause was interpreted in Kennedy v. Bremerton School District. This is because Kennedy interpreted the Establishment Clause to prohibit each of the several types of laws which early Americans associated with religious establishment—the historical practice wherein early states would adopt a religion as the state religion and pass various types of laws for its support. And religious offenses, this Note argues, were amongst the types of laws which early Americans so associated with …
Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioner-Appellee, Supporting Affirmance, Lindsay Nash
Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioner-Appellee, Supporting Affirmance, Lindsay Nash
Amicus Briefs
Amicus curiae brief filed by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Herrera Avila v. Bondi. The brief examines the scope of mandatory immigration detention under the Immigration and Nationality Act and argues that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens seeking admission at the border rather than individuals apprehended within the interior of the United States.
Making Room For Cultural Humility In An Anti-Dei Space, Shelley Ward Bennett
Making Room For Cultural Humility In An Anti-Dei Space, Shelley Ward Bennett
Indiana Journal of Law and Social Equality
This Article analyzes the intersection of state anti-diversity, equity, and inclusion (DEI) laws and the American Bar Association (ABA) Standard 303(c)’s cross-cultural competency education mandate and offers suggestions for how these policies can coexist. The surge in anti-DEI laws issued in twenty states over the last four years has created challenges and uncertainty for public law schools and their professors seeking to include cultural competency instruction in their curriculum. Though some have expressed concerns that the requirements of state anti-DEI laws and Standard 303(c) may conflict, this Article proposes that such a conflict should not be presumed because Standard 303(c) …
When Convenience Compromises Rights: How The European Union And Washington State Confront Facial Recognition Risks, Debora Rodriguez Lugo
When Convenience Compromises Rights: How The European Union And Washington State Confront Facial Recognition Risks, Debora Rodriguez Lugo
FIU Law Review
As facial recognition technology (FRT) becomes increasingly embedded in policing, concerns and controversies over the lack of consent, misidentification, and mass surveillance grow. This Comment compares how the European Union (EU) and Washington State (Washington) regulate law enforcement’s use of FRT to mitigate risks to individual rights. The EU governs FRT use through a robust legal framework, including the General Data Protection Regulation (GDPR), the Law Enforcement Directive (LED), and the Artificial Intelligence Act (AI Act), which offer protections against these risks. In contrast, Washington’s pioneering statute, Wash. Rev. Code section 43.386, promotes transparency and limits the use of FRT. …
An Analysis Of Policies Impacting Ex-Offenders And The Barriers Created In Their Transition Into Society: A Qualitative Metasynthesis, Thomas A. Ayala
An Analysis Of Policies Impacting Ex-Offenders And The Barriers Created In Their Transition Into Society: A Qualitative Metasynthesis, Thomas A. Ayala
Theses & Dissertations
In 2018, more than six million people in the United States were under correctional supervision, including incarceration, probation, or parole, equivalent to 1 in 40 adults (Maruschak & Minton, 2020). While this reflects a decline from previous years, prison populations reversed course in 2022, increasing by 2% nationwide, with 36 states and federal facilities reporting higher inmate counts (Nellis, 2024). Since 1973, policy shifts have fueled the rise of mass incarceration (Nellis, 2021; O’Brien, 2020). According to the Pew Center, the United States remains a global outlier, holding 5% of the world’s population, but incarcerates 25% of the 9 million …