Law and Psychology Commons^™

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, …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

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 …

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. …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

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 …

Every Law School Should Have A Poet, Susan Ayres

Faculty Scholarship

This is an imaginative work that explores gaslighting in the workplace.

Examining The Impact Of Expert Testimony And/Or Mindfulness Training On Jurors’ Appraisals Of False Confessions, Izabela Rzaca

Student Theses

False confessions continue to be the leading cause of wrongful convictions in the United States, often because of coercive interrogation tactics (Kassin, 2008; Leo & Ofshe, 1998). Jurors frequently view confession evidence as highly persuasive, even when situations suggest it may be false (Kassin & Sukel, 1997). A confession becomes important when there are no other forms of evidence against the defendant, especially in cases where police detectives are pressured to decipher the crime (Gross, 2004). Additionally, confessions have shown to override other types of evidence when jurors make their decisions (Leo et al., 2013). To address this issue, the …

The Chilling Effects Of Dobbs, Jonathon W. Penney, Danielle Keats Citron, Alexis Shore Ingber

Articles & Book Chapters

The Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion providers and patients. Police and prosecutors have easy access to commercial reservoirs of intimate data. As individual accounts made clear in the wake of the Dobbs v. Jackson Women’s Health Organization decision, corporate surveillance of intimate life chilled expressive activities, such as searching for information about reproductive health and using period tracking apps. Health professionals did not feel safe to speak out about the impact of new abortion laws. Harassment and threats directed at abortion clinics and at …

Against Monetary Primacy, Yair Listokin, Rory Van Loo

Northwestern University Law Review

To reduce inflation, the Federal Reserve (Fed) raises interest rates. But every month with high interest rates increases the risk of a devastating recession. Recessions impose not only short-term pain in the form of widespread unemployment but also lifelong harm for many, as vulnerable workers and those who start their careers during a downturn never fully recover. Yet hiking interest rates is the centerpiece of U.S. inflation-fighting policy. When inflation is high, the Fed raises interest rates until inflation is tamed, regardless of the consequent sacrifices. We call this inflation-fighting paradigm “monetary primacy.” Despite its great risks, monetary primacy has …

Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna

Pepperdine Dispute Resolution Law Journal

The ancient wisdom of the Enneagram illuminates the complexities of conflict, offering invaluable insights for mediators and individuals alike. Through various case studies and recommendations on practical applications, this Article illustrates how mediators can leverage Enneagram-based strategies to de-escalate conflict and facilitate constructive dialogues. By understanding the nine Enneagram Points, mediators can foster self-awareness, empathy, and communication among the disputing parties. Meanwhile, the Enneagram encourages mediators to self-reflect and address their own underlying emotions during the various mediation stages. Rather than a strict typological tool, the Enneagram’s inner lines, Wings, and Triadic Approaches allow mediators to easily recognize diverse responses …

Blue Chairs And Broken Minds: The Troubled Teen Industry’S Legacy Of Abuse, Macie Barker '25

Honor Scholar Theses

The Troubled Teen Industry (TTI) operates under the veil of rehabilitating adolescents with behavioral challenges. However, evidence reveals a system rife with abuse, manipulation, and inadequate oversight. From the infamous blue chairs of Straight, Inc., to the isolation tactics of WWASP program, this industry has maintained a facade of treatment while subjecting youth to severe abuse. This paper explores the history, recruitment tactics, institutional failures, survivor recovery journeys, and legal battles that define the TTI. Advocacy movements, including Breaking Code Silence and WWASP Survivors, have emerged to combat industry malpractice and push for policy changes to protect vulnerable youth. Additionally, …

Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Are The Kids Alright? An Analysis Of Sex Education, The Sexual Behaviors Of Minors And Age Of Consent Laws In The United States, Monica L. Johnston

Senior Theses

This paper explores the sexual development of children, the sexual education they receive, as well as the history of sex laws in the United States, to determine whether the laws regarding education and age of consent adequately protect children. A qualitative survey is also conducted with undergraduate students at the University of South Carolina to determine what topics were discussed in their sexual education curriculum, as well as their sexual behaviors as a minor. While the push for comprehensive sexual education models has been growing, millions of dollars are still being allocated to promote Abstinence Only Until Marriage programs, which …

The Soulful Lawyer: Jungian Practices For Legal Professionals, Luis Chiesa

Buffalo Law Review

The legal profession faces a profound crisis of meaning, with lawyers experiencing some of the highest rates of depression, anxiety, and substance abuse of any profession. While techniques like mindfulness meditation have gained traction as tools to address lawyer well-being, they often fall short of fostering the deeper sense of purpose and fulfillment that so many legal professionals seek. This Article explores how Jungian depth psychology and contemplative practices can address the root causes of dissatisfaction, or “dukkha,” within the legal profession. Drawing from Carl Jung’s concepts of persona, shadow, and collective unconscious, it examines how lawyers can unmask their …

Assisted Outpatient Treatment: A State-By-State Comparative Review, E. Lea Johnston, Autumn Klein

UF Law Faculty Publications

Assisted outpatient treatment, otherwise known as preventive outpatient commitment, is rapidly expanding across the United States, aiming to address mental health needs and reduce homelessness, hospital costs, and community violence. Since 2019, fifteen preventive outpatient commitment statutes have been passed or expanded. These statutes, which authorize courts to mandate community treatment for nondangerous individuals with mental illnesses, have evaded close scrutiny, rest on misconceptions, and raise significant constitutional concerns. An analysis of legislative debates, court opinions, and scholarship reveals a fundamental misunderstanding about the prevalence of these laws, which contributes to their speedy passage. Additionally, no analysis exists of these …

Micro-Costs, Kiel Brennan-Marquez, Brendan S. Maher

Faculty Scholarship

The modern world is filled with tiny attentional impositions (cognitiveasks) that inflict small mental burdens (micro-costs) on virtually everyone, everywhere, all the time. Micro-costs make life worse, and everybody knows it. They sap collective energy; they lead to worse decisions; they exacerbate inequality; and they contribute to an overall sense of "mismanagement" in the world, a sentiment that readily pairs with destructive political impulses.

Yet the law has essentially ignored micro-costs-until now. In what follows, we construct a theory of micro-costs that gives the phenomenon analytic shape and charts a path forward for reform. Drawing on the insights of philosophy, …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Mistaken About Mistakes: Error Analysis As An Untapped Tool For Law School Success, Elissa Jacob

Pace Law Review

Mistakes: everyone makes them, perhaps the new law student more than most. But why do our students continue to make the same errors despite our concerted efforts to prevent them? This article explores this question and provides ideas on how to utilize mistakes to fuel the learning process. Science has proven that the human brain is hardwired to benefit from errors. However, the psychological effects of failing, cultural systems, and the American educational system are frequent barriers to this biological process.

To overcome these obstacles and most effectively employ error analysis, I propose a three-step model. First, professors must lay …

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead

Articles & Book Chapters

Trauma arises from profoundly distressing life events, and manifests in a range of often overwhelming physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma need trauma-informed services—that is, services that “recognize, understand and minimize” the long-term impact of trauma. A trauma-informed approach acknowledges that “effective interventions with people require both the avoidance of retraumatization and the presence of respectful and supportive interventions that help people rebuild their lives.”