Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (245)
- Legal History (228)
- Business Organizations Law (221)
- Legislation (221)
- Other Law (218)
-
- Constitutional Law (214)
- Law and Economics (213)
- Public Law and Legal Theory (210)
- Civil Rights and Discrimination (209)
- Law and Philosophy (209)
- Jurisprudence (207)
- State and Local Government Law (206)
- Labor and Employment Law (205)
- Securities Law (204)
- Law and Psychology (203)
- Organizations Law (203)
- Courts (201)
- Legal Education (200)
- Legal Profession (200)
- Judges (199)
- Jurisdiction (198)
- Legal Biography (197)
- Legal Ethics and Professional Responsibility (197)
- Administrative Law (196)
- Rule of Law (196)
- Law and Race (195)
- Supreme Court of the United States (195)
- Civil Law (194)
- Keyword
-
- Corporation (26)
- Law (26)
- Shareholder (21)
- Corporate (16)
- Investment (15)
-
- Long-term (14)
- Short-term (14)
- Religion (12)
- Justice (11)
- Social (11)
- Capitalism (10)
- Democracy (9)
- Governance (9)
- Economic (8)
- Evangelii (8)
- First Amendment (8)
- Francis (8)
- Gaudium (8)
- Laudato (8)
- Politics (8)
- Pope (8)
- Seattle University Law Review (8)
- Si' (8)
- Socialism (8)
- Horizon (7)
- SFFA (7)
- Time (7)
- Affirmative Action (6)
- ESG (6)
- Economy (6)
Articles 241 - 270 of 299
Full-Text Articles in Law and Politics
Where Morality And The Law Coincide: How Legal Obligations Of Bystanders May Be Informed By The Social Teachings Of Pope Francis, Amelia J. Uelmen
Where Morality And The Law Coincide: How Legal Obligations Of Bystanders May Be Informed By The Social Teachings Of Pope Francis, Amelia J. Uelmen
Seattle University Law Review
Since the beginning of his pontificate, Pope Francis has offered to the world powerful signs of how we should aspire to treat each other as human beings, as brothers and sisters in the one human family. He has communicated his message and his teachings in myriad ways: through symbolic gestures; his presence and words at gatherings in our world’s most troubled places; brief messages, homilies and meditations; and official documents that continue the application of the principles of Catholic social teaching to contemporary social questions. What might these prophetic signs and statements mean for the dialogue between Catholic social thought …
Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino
Exceeding Its Authority: The Uspto Prevents Federal Registration Of Medical Marijuana Trademarks, Stephanie Gambino
Seattle University Law Review
The United States Patent and Trademark Office (USPTO) took concrete steps to reduce transaction costs to consumers purchasing medical marijuana products by creating a category for medical marijuana products within International Class 5. However, that decision was rescinded quickly. Then, the USPTO overreached its statutory authority by ordering a wholesale prohibition of federal registration for medical marijuana trademarks. This Comment argues that because the USPTO overreached its statutory authority in prohibiting federal registration for medical marijuana trademarks, it should reinstate the category for medical marijuana products and allow medical marijuana producers to seek federal registration of their trademarks. Part I …
The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender
The Teachings Of Pope Francis Symposium: Toward A Common Good For Our Common Home, Steven W. Bender
Seattle University Law Review
Prompted by the teachings of Pope Francis conveyed through such writings as the Evangelii gaudium and Laudato si’, the symposium—titled The Teachings of Pope Francis: Towards a Vision of Social Justice and Sustainable Capitalism?—brought an impressive and diverse array of interdisciplinary scholars to Seattle University School of Law in February 2017. Speakers included economists, law professors, and theologians with a wide array of expertise on daunting policy issues facing the Global South and North. Fittingly, a Jesuit law school with a diverse faculty hosted the symposium centering, critiquing, and expanding the teachings of the first Jesuit Pope. Many of our …
A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau
A Cosmopolitan Church Confronts Right-Wing Populism, Vincent Rougeau
Seattle University Law Review
Are all human beings of equal moral worth? If so, does this proposition generate moral obligations to others that transcend national and cultural boundaries? Cosmopolitans would answer yes to each of these questions, as would Pope Francis and Catholic Social Teaching (CST). Given our interconnected economic system, a global perspective on justice is not only pragmatic but also morally essential. In recent years, however, what had been an emerging consensus centered on a cosmopolitan view of the reciprocal responsibilities of nations has been stifled by a rising tide of nationalism and right-wing populism. As a right-wing populist leader of a …
A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi
A Critique Of Pope Francis’S Laudato Si’, Nicholas Capaldi
Seattle University Law Review
This is a critique of Pope Francis’s encyclical Laudato si’. The author summarizes and examines Pope Francis’s description of the problem, analysis of the roots of the problem, and proposed solution of the problem within the context of the Roman Catholic tradition. The author concludes that the encyclical abandons rigorous argument, as it lists complaints without offering substantive alternatives.
Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell
Laudato Si’: Engaging Islamic Tradition And Implications For Legal Thought, Russell Powell
Seattle University Law Review
This Essay considers the 2015 papal encyclical Laudato si’s engagement with Islamic religious and legal traditions in order to identify shared ethical and jurisprudential commitments and their broader implications for law. By 2025, Muslims will constitute 30% of the population of the world, while Catholics will likely be between 15% and 20%. The history of interreligious conflict is long and enduring. In many cases, legal structures related to security and immigration have exacerbated these tensions, prompting uncertainty and instability.5 Laudato si’ is a strategic document, intended to address climate change, increasing economic inequity, and interreligious conflict by opening a space …
Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez
Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez
Seattle University Law Review
The first part of this Article will synthesize the key teachings of Pope Francis from his most important statements on economic structures and social justice and situate these teachings within contemporary economic realities and traditional social justice teachings. Part II of this Article will demonstrate that the Pope’s teachings on social justice fundamentally reflect the best learning from economists on how to sustain economic growth. Part III of this Article will show that nations that undertake policies to pursue the fundamental tenets of the Pope’s teachings (such as minimizing childhood poverty) also perform the best in achieving high human development …
Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha
Mercy Versus Fear, Or Where The Law On Migration Stands, Gilbert Paul Carrasco, Iryna Zaverukha
Seattle University Law Review
The theme of this Article contrasts the perspective of Papa Francisco on the subject of migration, juxtaposing his blueprint of mercy as the point of departure, with the oppositional resistance, which is based on various dimensions of fear. This perspective will be contextualized within the framework of both American immigration law and within the parameters of international human rights and transnational migration. Part I of this Article will consider the paradigm of mercy and fear in light of the various provisions of federal American immigration law in their historical context. It will recount many of the restrictive and nativist episodes …
Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin
Networked Medical Devices: Finding A Legislative Solution To Guide Healthcare Into The Future, Louiza Dudin
Seattle University Law Review
This article discusses: (I) the current legal approaches to addressing cybersecurity in general, (II) the shortcomings of current legal approaches, (III) a proposal for legislation to narrow the scope of the Medical Device Amendments (MDA) preemption clause, and (IV) the benefits and shortcomings of the proposed legislation.
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Seattle University Law Review
Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti
Seattle University Law Review
Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …
Ag Gag Past, Present, And Future, Justin F. Marceau
Ag Gag Past, Present, And Future, Justin F. Marceau
Seattle University Law Review
While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.
Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser
Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser
Seattle University Law Review
As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Seattle University Law Review
This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Seattle University Law Review
Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.
Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam
Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam
Seattle University Law Review
During the past decade, “transparency” has become a focus of democratic governance. Open government and right-to-know regimes have been around at least since the 1970s. They include measures like open meeting laws, campaign finance disclosure, lobbying registration, and freedom of information laws. But the Open Government projects— variously referred to as e-democracy, Open Data, or Government 2.0— have evolved into something new and different. They view transparency not primarily as a right to know, but as a condition for a more efficient, intelligent, and cooperative form of democratic government. This Article considers how various election reform projects fit with the …
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman
Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman
Seattle University Law Review
Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention Against …
Evaluating The Performance And Accountability Of Regulators, Colin Scott
Evaluating The Performance And Accountability Of Regulators, Colin Scott
Seattle University Law Review
The global financial crisis came in the wake of significant reforms to the structures, processes, powers, and rules of the regulatory regimes for financial markets in many of the countries adversely affected by the crash. The global financial crisis came in the wake of significant reforms to the structures, processes, powers, and rules of the regulatory regimes for financial markets in many of the countries adversely affected by the crash. In this Article, I follow the logic of an argument that regulation necessarily has political dimensions, even where it may appear technical. I am asking questions about how we might …
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …
The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer
The Communication Decency Act Gone Wild: A Case For Renewing The Presumption Against Preemption, Ryan J.P. Dyer
Seattle University Law Review
Since its inception, the Internet has disseminated the most vital commodity known to man—information. But not all information is societally desirable. In fact, much of what the Internet serves to disseminate is demonstrably criminal. Nevertheless, in the effort to unbind the “vibrant and competitive free market” of ideas on the Internet, Congress enacted section 230 of the Communications Decency Act, which essentially grants immunity to interactive computer service providers from liability for information provided by a third party. This Comment suggests that, in certain contexts, courts applying section 230 immunity should reexamine the preemptive effect Congress intended section 230 to …
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Transgender Inpportunity And Inequality: Evaluating The Crossroads Between Immigration And Transgender Individuals, Alexandra Caggiano
Seattle University Law Review
Despite being married to a U.S. citizen, non-citizen transgender individuals and non-citizen spouses married to transgender U.S. citizens still face deportation today due to current immigration policies. When forced to return to their home countries, transgender individuals are likely to encounter violence from those who perpetuate hate towards transgender and gender non-conforming individuals. Instead of protecting these individuals, the United States continues to send people back to their native countries solely because those individuals do not fall within the narrowly constructed definition of marriage some states use that is legally recognized by federal courts. Transgender individuals receive disparate treatment as …
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty
Section 501(C)(4) Advocacy Organizations: Political Candidate-Related And Other Partisan Activities In Furtherance Of The Social Welfare, Terence Dougherty
Seattle University Law Review
In the wake of the 2012 presidential election, tax and political law lawyers are left with a number of unanswered questions concerning the political activities of tax-exempt organizations. Despite the importance of these questions, there are striking gaps in the authority of federal tax law governing the conduct of political candidate and other partisan-related activities by tax-exempt organizations. Assuming activities in furtherance of partisan interests are activities that support private interests, I consider what this authority may tell us about the permissibility of Section 501(c)(4) organizations engaging in partisan political activities and having as a constitutive purpose a partisan political …
Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse
Seattle University Law Review
In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have held …
Investing In Health Care: What Happens When Physicians Invest And Why The Recent Changes To The Patient Protection And Affordable Care Act Fail To Protect Patients From Their Physicians’ Self-Interest, Nancy L. Zisk
Seattle University Law Review
This Article considers possible ways to protect a patient’s interest in receiving care and advice that reflects solely what is in the patient’s best interest and not what might be in the interest of his or her physician’s financial health. Part II reviews the importance of trust in the physician–patient relationship and examines how that relationship is affected by the conflict of interest that arises between patients and their physicians who own the medical facilities, devices, and treatment services prescribed. Part III examines the ethical and statutory restrictions that have been and are currently imposed on physicians who own facilities …
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Seattle University Law Review
What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …
Moral Foundation Theory And The Law, Colin Prince
Moral Foundation Theory And The Law, Colin Prince
Seattle University Law Review
Moral foundation theory argues that there are five basic moral foundations: (1) harm/care, (2) fairness/reciprocity, (3) ingroup/loyalty, (4) authority/respect, and (5) purity/sanctity. These five foundations comprise the building blocks of morality, regardless of the culture. In other words, while every society constructs its own morality, it is the varying weights that each society allots to these five universal foundations that create the variety. Haidt likens moral foundation theory to an “audio equalizer,” with each culture adjusting the sliders differently. The researchers, however, were not content to simply categorize moral foundations—they have tied the foundations to political leanings. And it is …
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
Seattle University Law Review
This paper begins with a comparison of two texts: Alain Badiou's Saint Paul: The Foundation of Universalism and Giorgio Agamben's The Time that Remains: A Commentary on the Letter to the Romans. In Parts III and IV, I will summarize in very broad terms the details of Badiou's and Agamben's respective appropriations of Paul. Within each of these Parts, I will speak a little bit about the implications of these various claims for contemporary legal theory-- at least as I understand it, and I am no expert. Finally, in Part V, I will discuss briefly an alternative reading of Paul, …
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Seattle University Law Review
Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.