Law and Society Commons^™

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman

Pepperdine Dispute Resolution Law Journal

Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …

Staff Development Day 2025: Topics On Jewish Law & Culture, Ellen Drucker-Albert

Library Staff Presentations

This presentation was delivered by Ellen Drucker-Albert, Head of Reference & Faculty Services, during Staff Development Day 2025 at the Benjamin N. Cardozo School of Law. It explores key aspects of Jewish law and culture, including the sources and development of Halacha, intersections with U.S. civil law, Jewish holidays and food customs, denominations of Judaism, and symbols like the mezuzah.

Immigration Justice Clinic Students Secure Major Court Victory In Ice Transparency Case, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo Law News Archive

Students in the Kathryn O. Greenberg Immigration Justice Clinic secured a major legal victory in federal court, advancing transparency around the treatment of Black immigrants in detention. In a Freedom of Information Act (FOIA) case filed in the Eastern District of New York, the court granted the clinic’s motion for partial summary judgment, compelling ICE to release key demographic data linked to records of abuse and misconduct. The successful motion was drafted by recent graduates Rob Cook ’25, Keisy Germosen ’25, and Stacy Moses ’25, under the supervision of Teaching Fellow Ellie Norton, marking an important step in government accountability.

Cardozo Celebrates Pride With 10th Annual Pride Brunch, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo celebrated the 10th Annual Pride Brunch on June 29, bringing together students and alumni in the Ruth & H. Bert Mack Pavilion to watch the NYC Pride March. Hosted by the Alumni Association and OUTlaw Alumni Group, the event honored the school’s vibrant LGBTQ+ community and marked the 10th anniversary of Obergefell v. Hodges. Proceeds supported the Paris Baldacci Scholarship, which benefits students advancing LGBTQ+ rights through clinics, externships, or activism, honoring the legacy of the late professor and his groundbreaking advocacy.

The Hollywood Reporter Names Four Cardozo Alumni To Top Entertainment Attorney Lists, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Four Cardozo alumni were recognized by The Hollywood Reporter in its 2025 lists of top entertainment attorneys. Sasha Levites ’11 and Rachel Strom ’06 were named among New York’s Biggest Entertainment Attorneys, while Marc H. Simon ’01 and Gregory Slewett ’02 were included in Hollywood’s Top 100 Attorneys. Their achievements highlight Cardozo’s national strength in Intellectual Property and Entertainment Law, with alumni shaping major film, television, media, and digital industries.

Vandy Earns Top Prize In Auwcl National Health Law Writing Competition, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Nicholle Vandy, a rising 3L from Knox, Ind., has become the first Indiana University Maurer School of Law student to earn top honors at the American University Washington College of Law National Health Writing Competition.

Vandy’s paper, “True Man, Captive Mother: Abortion as a Fundamental Self-Defense Right,” was named the winning entry of the 10th annual competition, which encourages law students from across the country to write scholarly papers on current topics of interest relevant to health, food, and/or drug law.

Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Cardozo Welcomes Three New Members To Board Of Overseers, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo recently welcomed three new members to its Board of Overseers: Parvin Aminolroaya ’08, John Elefterakis ’09, and Stephanie Knepper Basman ’08. Each brings extensive professional expertise and a strong commitment to advancing Cardozo’s mission of legal excellence, leadership, and service. Aminolroaya is a partner at Seeger Weiss LLP with major experience in mass tort and class action litigation. Elefterakis, founding partner of Elefterakis, Elefterakis & Panek, is a nationally recognized litigator and civil rights advocate. Knepper Basman, counsel and principal at SKA Marin, is a leader in affordable housing development and active in civic and community organizations.

Class Of 2025 Graduates Elected To Order Of The Coif, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law proudly announced that 33 members of the Class of 2025 were elected to the Order of the Coif, the national honorary society that recognizes outstanding academic achievement in legal education. Membership is awarded to students who attain a high level of scholarship and to legal professionals who achieve distinction as lawyers, judges, or teachers. This honor reflects the graduates’ exceptional academic accomplishments and commitment to excellence in the law.

Cardozo Celebrates The Class Of 2025 At 47th Commencement, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

On June 4, 2025, Cardozo celebrated its 47th Commencement at Lincoln Center’s David Geffen Hall, conferring degrees on 304 J.D. graduates and 83 LL.M. graduates. Dean Melanie Leslie ’91 reminded students of their responsibility to uphold the Constitution, while keynote speaker Hon. Caitlin J. Halligan urged them to pursue meaningful paths in the law. Student speakers Koral Bahat, Denise Pasi, and Talia Raoufpur reflected on resilience, diversity, and community. Yeshiva University President Rabbi Dr. Ari Berman encouraged graduates to lead with integrity and purpose.

The ceremony also honored faculty and administrators with awards for excellence in teaching, service, and student …

The Class Of 2025’S Achievements Celebrated At Pre-Commencement Awards Ceremony, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Class of 2025 was honored at Cardozo’s annual Pre-Commencement Awards Ceremony, celebrating student excellence both in and beyond the classroom. Highlights included the Cardozo Service and Achievement Awards, the Professor John Appel Award for exemplary service, and recognition of outstanding written work across civil advocacy, criminal justice, and publication. Numerous students received distinctions such as the Jacob Burns Medals for editorial leadership, the Stanley H. Beckerman Public Interest Award, and honors in fields like constitutional law, intellectual property, ethics, and public interest. The ceremony showcased the exceptional achievements and dedication of Cardozo’s graduating class

The Perlmutter Center For Legal Justice At Cardozo Law Announces Client Larry Hoover Has Been Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law announced that its client Larry Hoover has been granted clemency after serving over 52 years in prison. Hoover, now 74, spent the last three decades at the ADX Florence supermax facility, much of it in solitary confinement. During his incarceration, he transformed his life by teaching himself to read, earning his GED, and pursuing studies in various subjects. He has renounced his past gang affiliations and is committed to mentoring at-risk youth.

Executive Director Josh Dubin played a key role in advocating for Hoover’s release, alongside the Holloway Project and attorney …

Law School News: Rwu Law Faculty Honored With National Award For Advancing Diversity In Legal Education 05-22-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Pragmatics And Textualism, Lawrence B. Solum

Journal of Law and Policy

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via what is called “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is incorrect. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires …

Law School News: Charting A New Course: From Navy Officer To Legal Advocate 4-22-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Law Ranked #11 Nationally For Most Graduates In Public Interest Law Careers 4-15-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

The Form Knows Best, Tara Chowdhury, Faith Chudkowski, Mitu Gulati

University of Miami Law Review

Law students learn that contracts are carefully negotiated, precisely drafted, and shaped by doctrine. But lawyers tell a different story. This article compares six pillars of contract law with what we heard in over 170 interviews with senior transactional lawyers across M&A, sovereign bonds, and leveraged loans. The result is a gap between the Official Story taught in classrooms and the Unofficial Story told by practitioners—where boilerplate dominates, case law is rarely consulted, and market custom often prevails over efficient design. We suggest that many contract provisions are better understood as historical artifacts: products of inherited forms and production pressure. …

Professor Britta Redwood Accepted To 2025 Harvard/Stanford/Yale Junior Faculty Forum, Britta Redwood

Cardozo Law News Archive

Assistant Professor of Law Britta Redwood has been accepted to present at the 2025 Harvard/Stanford/Yale Junior Faculty Forum, taking place June 2–3 at Harvard Law School. Her paper, “A Brutal Anomaly: Unfettered Ownership Rights and the Illegality of Transatlantic Chattel Slavery,” was selected through a competitive double-blind review process. The work argues that transatlantic chattel slavery was unlawful at the time it was practiced, challenging Eurocentric interpretations of treaty and customary international law and instead grounding its analysis in general principles of international law. This recognition places Professor Redwood among a select group of 12–20 junior scholars chosen to …

Law School News: Rising Leaders In Justice: Celebrating Rwu Law's Class Of 2025 Honorees 05-07-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

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 …

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 …

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."