Law of the Sea Commons^™

America’S Hidden Citizens: The Untold Stories Of The Unconscionable Deportations Of Its International Adoptees, Halley Cody

Seattle University Law Review

This Note addresses how the U.S. should rectify the harms it has perpetrated on non-citizen adoptees by amending the current deportation statutes to prevent their deportation. Part I addresses the history of adoption in the U.S. and related effects on immigration law. Part II highlights the stories of Adam Crapser and Philip Clay, who were adopted by American families who failed to naturalize them as minors, and who were subsequently deported after they sustained criminal records. Part III examines the policy goals behind deportation as a consequence of criminal convictions, as well as remedies instituted to prevent unwarranted deportation and …

Inadequate Privacy: The Necessity Of Hipaa Reform In A Post-Dobbs World, Katherine Robertson

Seattle University Law Review

Part I of this Comment will provide an overview of HIPAA and the legal impacts of Dobbs. Part II will discuss the anticipatory response to the impacts of Dobbs on PHI by addressing the response from (1) the states, (2) the Biden Administration, and (3) the medical field. Part III will discuss the loopholes that exist in HIPAA and further address the potential impacts on individuals and the medical field if reform does not occur. Finally, Part IV will argue that the reform of HIPAA is the best avenue for protecting PHI related to reproductive healthcare.

Introduction To The International Law Comission's Work On Sea Level Rise In Relation To International Law, Bogdan Aurescu, Nilufer Oral

American University Law Review

Thank you so much for the presentation. Good morning, good afternoon, and good evening to everybody—in accordance with the respective time that you are speaking. I am very honored to be invited to this conference, and I am also very honored that I am sharing this presentation together with my good colleague and friend, Nilüfer Oral. We are both co-chairs of the Study Group on Sea-Level Rise in Relation to International Law of the International Law Commission, together with the other colleagues, some of them I think are attending this session online, Patrícia Galvão-Teles and Juan José Ruda Santaloria together …

Sea Level Rise And Maritime Delimitation In The Eastern Caribbean: A Comparative Approach, Rosemarie Cadogan

American University Law Review

Thank you, Mr. Moderator. Let me just start by thanking the organizers today for having me on the program, and I want to extend to everyone my gratitude for having me here today. I am going to look at, as the title suggests, sea level rise and maritime delimitation in the Eastern Caribbean, and I am going to take a comparative approach as I compare it with the Pacific–South Pacific region. I am going to take it that all protocols have been observed, and, in the interest of time, I will go straight through to my presentation with the one …

Latin America's Contribution To The Normative Discussion Around Rising Sea Levels: Incorporating The Principles Of Uti Possidetis And Solidarity, Wagner Menezes

American University Law Review

Ladies and gentlemen, dear colleagues, good morning. Initially, I would like to give thanks for the kind invitation made by Professor Claudio Grossman and now members of the committee to participate in this special conference on sea level rise and International Law’s impact on the Americas, which has set up an ahead of time debate due to the effects that are being experienced by the entire international community.

The conference that preceded me today highlighted the emergence of this discussion, and this systemic character that involves its interpretation by impacting our states and peoples, demanding coordinated action in a spirit …

Algunas Reflexiones Sobre La Condicion De Estado En Relacion Con La Elevacion Del Nivel Del Mar, Juan Jose Ruda Santolaria

American University Law Review

Estimados amigos y amigas:

Deseo, en primer lugar, agradecer a los promotores de esta iniciativa por su amable invitación y compromiso con el tratamiento de la importante temática que nos convoca. Al mismo tiempo, quiero destacar mi satisfacción por participar en esta actividad y hacerlo además con personas muy valiosas, por quienes siento especial aprecio, así como recalcar que voy a compartir con ustedes algunas reflexiones sobre la condición de estado en relación con la elevación del nivel del mar de carácter personal, es decir, que no comprometen a la Comisión de Derecho Internacional de las Naciones Unidas y son …

Introduction To The International Law Commission's Work On Sea Level Rise In Relation To International Law, Bogdan Aurescu, Nilufer Oral

American University International Law Review

BOGDAN AURESCU:

Thank you so much for the presentation. Good morning, good afternoon, and good evening to everybody—in accordance with the respective time that you are speaking. I am very honored to be invited to this conference, and I am also very honored that I am sharing this presentation together with my good colleague and friend, Nilüfer Oral. We are both co-chairs of the Study Group on Sea-Level Rise in Relation to International Law of the International Law Commission, together with the other colleagues, some of them I think are attending this session online, Patrícia Galvão-Teles and Juan José Ruda …

Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni

Seattle University Law Review

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …

“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki

Seattle University Law Review

On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …

Protecting The Ocean - Moving Forward At 50: London Convention/Protocol And Stockholm Declaration, Fiftieth Anniversary Proceedings, Ronán Long, José Manuel Pacheco Castillo, Elnaz Barjandi, Ríán Derrig, Linda Del Savio, Dorothee Seybold, Andrew Birchenough, Fredrik Haag

Conference Papers

Fifty years have elapsed since environmental concerns were brought to the fore of the international community’s attention. The year 2022 marks the 50th anniversary of the adoption of the London Convention and the Stockholm Declaration, two landmark international instruments that set a path towards the current international environmental regulatory framework. The International Maritime Organization and the World Maritime University hosted the joint International Academic Conference ‘Protecting the Ocean – Moving forward at 50: London Convention and Stockholm Declaration’ with the aim of raising awareness, discussing ocean-climate-related topics, and charting new avenues for impactful future research and policy initiatives. This report …

Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers

Seattle University Law Review

The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …

Ambulatory Versus Fixed Baselines Under The Law Of The Sea, Sean Murphy

American University Law Review

When “diving” into consideration of sea-level rise issues, one finds various “pools” of international law that are perfectly suited for answering some of the issues we are addressing. For example, Professor Galvão Teles spoke about the protection of persons in the event of sea-level rise. There are, of course, various aspects of human rights law and international law relating to disasters that can be employed to resolve some of the concerns in that regard. It is just a question of applying that law to a new, factual phenomenon.

Having said that, there are some areas where existing international law is …

Opening Speech, Claudio Grossman

American University Law Review

Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …

Utilizing Legal Expertise To Positively Impact Coastal Communities, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

Sustainable Seabed Mining And The Phase 1 Environmental Standards And Guidelines, Keith Macmaster

Articles, Book Chapters, & Popular Press

The oceans are home to a rich diversity of plant and animal life and a source of food and marine resources that drive economies. Climate change and pollution are changing ocean dynamics and the ability to support life. Seabed mining in areas beyond national jurisdiction will add to the ocean's stressors and could cause severe environmental damage. The International Seabed Authority (“ISA”) is mandated to manage access to and benefits from the seabed, its subsoil and mineral resources in areas beyond national jurisdiction (the “Area”). Although the United Nations Convention on the Law of the Sea sets out the legal …

Investment Bankers And Inclusive Corporate Leadership, Afra Afsharipour

Seattle University Law Review

Few major deals happen without the engagement and advice of investment bankers. Whether a company is undertaking an initial public offering or engaging in a large merger or acquisition deal, investment bankers play a central role in advising corporate executives. Successful investment bankers are devoted to cultivating relationships with executives. And these relationships place bankers in a position to earn tens of millions in fees for their advisory and service roles in connection with corporate dealmaking. Investment bankers’ constant endeavors to nurture relationships with executives, while also maximizing their own ability to enhance fees, commonly leads to allegations of double-dealing, …

Selective Patronage, Omari Scott Simmons

Seattle University Law Review

Contemporary academic corporate governance narratives have a blind spot. They focus on institutions, rules, regulations, processes, procedures, intermediaries, and market forces. Yet, missing in this narrative, is the impact of corporate leadership. Ignoring the “black box” of corporate leadership, particularly individual actors, renders an incomplete descriptive assessment as well as potential miscalculations. The examination of key historical figures and their corporate activism provides an important lens through which to identify potential challenges and opportunities related to the contemporary ESG movement.

Generally, this essay examines corporate leadership’s potential to address socio-political issues through the prism of Civil Rights Movement activism. Specifically, …

Reframing The Dei Case, Veronica Root Martinez

Seattle University Law Review

Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …

Women In Shareholder Activism, Sarah C. Haan

Seattle University Law Review

Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …

#Metoo And The Corporation In Popular Culture, Brenda Cossman

Seattle University Law Review

#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …

Woke Capital Revisited, Jennifer S. Fan

Seattle University Law Review

Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin

Seattle University Law Review

Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …

A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella

Seattle University Law Review

The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …