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Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Vol. 69, No. 09 (October 27, 2025)

Indiana Law Annotated

No abstract provided.

Movement Legacies And Lessons - Moderator: Scott Titshaw, Suzanne Goldberg, Shannon Minter, Adelina Nicholls

Mercer Law Review Symposium

Forty years ago, civil rights legend Bayard Rustin described lessons from other civil rights movements that, at the time, seemingly could inform gay rights activists in the 1980s. More recently, Evan Wolfson, an architect of the freedom-to-marry movement, has outlined several lessons of that movement that could be applied by activists in other fields, ranging from Palestinian peacemakers to transgender rights activists. Some activists may embrace these lessons, while others may passionately reject them. This panel seeks to explore how various civil rights movements have learned and borrowed from each other over time, possibly carving out lessons for current and …

The Constitutional Law Legacy Of The Freedom-To-Marry Movement - Moderator: Gary Simson, Jon Davidson, Suzanne Goldberg, Eric J. Segall

Mercer Law Review Symposium

This panel will likely discuss the extent future viability of the Obergefell legacy in light of recent Supreme Court decisions, such as Dobbs v. Jackson Women’s Health Organization and Department of State v. Muñoz, which have retreated from both the substantive due process jurisprudence that underpinned Obergefell and the traditionally robust understanding of constitutional marriage rights. This continuing viability may rely on alternative rationales such as stare decisis, equal protection, or even religion clause principles. Panelists might also choose to discuss recent First Amendment jurisprudence as it threatens to narrow the rights of same-sex spouses.

Gary Simson is Macon …

The Family Law Legacy Of The Freedom-To-Marry Movement - Moderator: Bonnie Carlson, Jessica Feinberg, Tanya Monique Washington, Marcia A. Zug

Mercer Law Review Symposium

The freedom-to-marry movement sparked sometimes unintended reactions, including accelerated legal recognition of nonmarital partners and new, alternative legal institutions, such as domestic partnerships, civil unions, and reciprocal beneficiaries. This panel will likely explore this path and the resilience of these legal innovations for same- and different-sex couples. Obergefell and its progeny, Pavan v. Smith, have also raised family law questions that have yet to be definitively resolved, such as the constitutionality of discrimination in parentage presumptions between same- and different-sex spouses. Finally, the panel might also address possible legal recognition for polyamorous relationships, which have been discussed since Obergefell …

Welcome And Opening Remarks, Devin Joiner, Seth Lewis, Pamela Wilkins, Scott Titshaw

Mercer Law Review Symposium

No abstract provided.

Law School News: Rwu Law Student And Alum Honored By Justice Assistance For Their Commitment To Justice 10-22-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Vol. 69, No. 08 (October 20, 2025)

Indiana Law Annotated

No abstract provided.

Adjudicating Atrocity: Reading Hitesh Verma V State Of Uttarakhand As A "Landmark" Case In The Judicial Discourse On Caste Violence, Tejaswi Chhatwal

Socio-Legal Review

This article critically examines the Supreme Court’s judgment in Hitesh Verma v State of Uttarakhand (2020) and argues for reading it as a “landmark trial” in the judicial undoing of reform—namely, the statutory changes introduced by the 2016 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. Existing socio-legal scholarship on atrocity jurisprudence has shown that the judicial understanding of caste violence and doctrinally instituted evidentiary standards have historically operated to invisibilise caste from crime’s framework. As a result, most instances of caste-based discrimination and violence have not been named as offences of “atrocity” under the …

Flattening The Eviction Curve: Lessons From Los Angeles About Tenant Protection During A Pandemic (And Beyond), Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

Health policy responses to the Covid-19 pandemic often focused on “flattening the curve.” Health officials and politicians took steps to try to limit the number of people who were sick at any one time, to protect hospitals from being overwhelmed by a flood of patients. Some legal responses to evictions during this time were based on a similar rationale.

Similar to public health concerns around Covid-19, tenant advocates were concerned with the possibility that economic effects of the pandemic could lead to a “tsunami” of evictions hitting all at once and overwhelming legal advocates and tenant communities. Tenant advocates argued …

"Have You Met My Lawyer?" And "Making Lists Of What Was Lost", Kirsten Anderson

Loyola Interdisciplinary Journal of Public Interest Law

The theme of what justice looks like for those experiencing homelessness finds expression in two poems by social justice lawyer and poet Kirsten Anderson. Based on her nearly two decades of representing clients experiencing homelessness, she explores the nature of the client-lawyer relationship in a society where lawyers are usually only available to persons with wealth and power. Both poems explore the consequences of housing not being recognized as a human right—given visible expression in a humanitarian crisis of homelessness in a country where the rent is unaffordable for more than half the population.

The first poem, “Have you met …

Los Angeles Encampments, Christopher Chinn

Loyola Interdisciplinary Journal of Public Interest Law

My most recent work is not created in the shelter of a studio, but outside on the streets of my community and city. This on-going body of work challenges the accepted practice of “en plein air” painting by presenting not the picturesque and beautiful, but ugly and dirty places most avoid at great length, and do not wish to even see, encampments of Los Angeles’s unhoused residents. Painting is slow. The people who live in the tents and bivouacs that I paint are often very curious and ask me about what I am doing. In this way my work opens …

Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

The speakers for this symposium explored the intersection of housing justice and the legal and policy obstacles encountered in rebuilding efforts in Los Angeles following the devastating wildfires. The wildfires burned more than 55,000 acres. That's approximately the size of Los Angeles city. Destroyed over 16,251 structures and has claimed at least 29 lives. These fires were the most catastrophic in all of Los Angeles County's history. The speakers discussed the challenges faced by displaced communities amid ongoing housing shortages, as well as the broader implications for housing policy and zoning. The conversation examined how attorneys, policy makers and the …

Letter From The Editors, Michael Green & Emily Epstein

Loyola Interdisciplinary Journal of Public Interest Law

No abstract provided.

Law School News: Is It Legal For Trump To Send Troops Into U.S. Cities? 10-9-2025, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

Putting An End To Protective Privilege: Georgia Should Recognize The Psychotherapist’S Duty To Warn, Jan M. Levine

Law Faculty Publications

This article addresses several anomalies and problems with Georgia’s law concerning the duty a psychotherapist2 has towards third parties (i.e., non-patients): the lack of a duty to warn third parties about dangerous patients; flaws in the mental health commitment statute; and inconsistencies in the way the state treats medical confidentiality and evidentiary privilege. Georgia is the only state that has failed to definitively address the psychotherapist’s duty to warn via caselaw or statute; it is time to finally and definitively fix a problem that has existed at least since 1982.

Vol. 69, No. 07 (October 6, 2025)

Indiana Law Annotated

No abstract provided.

Generative Suspicion And The Risks Of Ai-Assisted Police Reports, Andrew Guthrie Ferguson

Northwestern University Law Review

Police reports play a central role in the criminal justice system. Many times, police reports exist as the only official memorialization of what happened during an incident, shaping probable cause determinations, pretrial detention decisions, motions to suppress, plea bargains, and trial strategy. For over a century, human police officers wrote the factual narratives that shaped the trajectory of individual cases and organized the entire legal system.

This practice is about to change with the creation of AI-assisted police reports. Today, with the click of a button, large language models (LLMs), a type of generative AI using predictive text capabilities, can …

What On Earth Is A Burden On Interstate Commerce?, Andrew Jordan

Northwestern University Law Review

What is a burden on interstate commerce? That’s an important question under the Dormant Commerce Clause’s Pike balancing test. But it’s a question whose answer has proven elusive. This shouldn’t be a surprise. After all, states disagree about what counts as a burden or a benefit, and how much weight each has. And there aren’t any obvious constitutional principles we can point to for resolving those disagreements. Recently, some scholars have tried to ground dormant commerce doctrine in economic cost–benefit analysis. The supposed virtue of that approach is that it is neutral as to competing preferences. Thus, for the Court …

Promising The First Amendment: (De)Regulating Speech In Higher Education, Max M. Schanzenbach, Kimberly A. Yuracko

Northwestern University Law Review

The war between Hamas and Israel has caused havoc in higher education. Amid student unrest, alumni pressure, congressional hearings, civil rights investigations, and student lawsuits, universities stand at a crossroads. The current situation, in which most private universities unevenly regulate student speech under ambiguous student codes, is not sustainable politically or legally. A tsunami of litigation and regulatory actions has already begun. One increasingly favored response is for private universities to more vigorously enforce existing codes or expand their scope. An alternative is for private universities to deregulate student expression and commit by contract to the First Amendment. This Article …

Take In Case Of Emergency: Reconciling Necessity Takings With The Original Meaning Of The Takings Clause, Tony Smith

Northwestern University Law Review

Does the Fifth Amendment’s Takings Clause permit the state to destroy property without compensation whenever it declares an emergency? The long-standing doctrine of necessity empowers the state to do exactly that.

Courts dating back to common law England have permitted governments to claim a privilege of necessity to avoid paying for private property they destroy in times of crisis. The privilege rests on the principle that the public good sometimes outweighs the harm the individual suffers. Today’s courts and academics stretch this principle to its limits, arguing necessity should be used as a vehicle for combating all manner of social …

“That’S Not My Name”: The Linguistic Violence Of Misnaming Parties In Court Proceedings, Robert S. Chang, Cecily C. Hazelrigg, Linda Cj Lee

Washington Law Review

This Article calls attention to the harms done when parties are misnamed in legal proceedings. Misnaming, which many might initially consider trivial, is properly understood as a form of linguistic violence that can inflict dignitary harms as well as have material consequences. Misnaming takes on a different valence when it is done by the state. This Article focuses on the misnaming of Indigenous, Asian, and Latine people, beginning first with the way misnaming is done by the administrative state. The authors then discuss misnaming as it has operated in legal proceedings, providing both historical and contemporary examples from federal and …

A State Constitutional Challenge To Washington’S Denial Of Minimum Wage To Incarcerated Workers, Cailin Dahlin

Washington Law Review

This Comment challenges as unconstitutional Washington’s exemption of incarcerated individuals from the state Minimum Wage Act. Incarcerated people in Washington, unprotected by minimum wage guarantees, earn low wages in state-run inmate work programs. This statutory carveout is contrary to the rehabilitative purpose of Washington’s prisons because it impedes incarcerated people’s ability to afford necessities, participate in rehabilitative programs, and reintegrate into society. This exemption is unconstitutional under the state’s cruel punishment clause, because it is disproportionately cruel punishment and an excessive fine that incarcerated workers cannot afford. The exemption is also unconstitutional under the state’s privileges and immunities clause, because …

From Matrimony To Autonomy: Divorce As A Fundamental Right, Karin Carmit Yefet

Cardozo Law Review

Liberal divorce is under assault. Yet this development—one that arguably may shape the everyday life of Americans more profoundly than nearly any other domain of state law—has elicited surprisingly little scholarly inquiry. Because divorce has long fallen within the province of states and hewed to the whim of state legislatures, restrictions on divorce have rarely inspired constitutional analysis. As a result, the constitutional architecture necessary to conceptualize—let alone resolve—the question of how divorce law intersects with fundamental rights remains strikingly wanting. Indeed, one of the enduring puzzles of constitutional scholarship is the diametrically opposed treatment of marriage and divorce. While …