Legal Ethics and Professional Responsibility Commons^™

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."

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, …

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 …

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 …

Tidal Waves Of Mental Health Damage: Effects Of The 2024 U.S. Election, Mary Anne Layden

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Public Opinion And Judicial Decision-Making: A Relationship Explored Through Interviews With Local, State And Federal Judges Within Mobile County, Alabama, Bella Gin

Honors Theses

Civilians and legal scholars alike often speculate how judges rule and what contributes to their decision-making. Acknowledging this conundrum and combining it with my own interests in the legal field, I attempt to explore how some judges located within Mobile County perceive public opinion and what factors direct their rulings over their respective case dockets. Through seven, semi-structured interviews, I ask each judge a series of questions regarding their backgrounds, decision-making methodologies, thoughts on public opinion relevancy, and application of their approaches to their judgeships. Analysis of the interviewees’ responses reveals data that suggests the judges have a somewhat ambivalent …

An International Prosecutor As U.S. Special Counsel, Cody Corliss

Utah Law Review

The appointment of Jack Smith to investigate then-former President Donald Trump brought to the fore the essential qualities for special counsels who act when a conflict of interest precludes investigation by the Department of Justice. Most attention on Smith centered on his domestic work and its correlation with a special counsel’s responsibilities. That emphasis, however, obscured the most salient line on his resume: international investigator and prosecutor. The conclusion of Smith’s tenure as special counsel following the election of Donald Trump to a second term as president provides an opportunity to consider the skills and qualifications that matter most in …

Filarsky’S Dilemma: Qualified Immunity For Private Actors And Its Potentially Negative Impact On Policing, Timothy Joseph Mondloch

University of Miami Race & Social Justice Law Review

No abstract provided.

Brief Of Amici Curiae 775 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert, Anthony J. Sebok

Amicus Briefs

Amicus curiae brief submitted by 775 law professors in support of Susman Godfrey LLP's motion for summary judgment and request for declaratory and permanent injunctive relief in Susman Godfrey LLP v. Executive Office of the President. The brief argues that Executive Order 14263 unlawfully targets a law firm based on its clients, advocacy, and litigation activities, in violation of the First Amendment, Fifth Amendment, and Sixth Amendment. The amici contend that the order constitutes impermissible viewpoint discrimination, interferes with the right to counsel, and threatens the independence of the legal profession and the rule of law.

The Legal Cybersecurity Crisis: Potential Resolutions And Artificial Intelligence Implications, Ava R. Warrick

Senior Honors Theses

As cybersecurity becomes more relevant in the digital age, law firms have overlooked protections from cyberattacks, and this neglect has led to irreversible client data breaches. This thesis sought to investigate cybersecurity vulnerabilities in law firms and to theorize potential solutions using a literature review methodology. The research questions for this project are: What are the most effective cybersecurity protections for United States law firms, and should those cybersecurity protections utilize AI-based systems? In response, this thesis posits three claims. First, the central factors that contribute to inadequate law firm cybersecurity are as follows: lack of governmental oversight over legal …

The First Of All Freedoms: Free Speech, Antisemitism, And Lessons For The Jewish Community From The Dreyfus Affair, Jacob Burns Center For Ethics In The Practice Of Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Joel Swansin

2025 Event Invitations

Join us for a thought-provoking talk with Professor Joel Swanson of Sarah Lawrence College as he explores the intense debates over free speech and its boundaries within the French Jewish community during the Dreyfus Affair. At this pivotal time, French Jews debated extensively the question of whether there should be limits on speech in the name of protecting the Jewish community. By examining these historical debates and their outcomes, Professor Swanson will highlight parallels with the current discussions surrounding American Jews, pointing to historical precedents for lessons about how to approach current controversies. This event

Jenner & Block Llp V. Doj: Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Nicholas C. Howson, Leah Litman, Kyle D. Logue, Gabriel S. Mendlow, Leonard Niehoff, Richard Primus, Rebecca Scott

Appellate Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

Brief Of Amici Curiae 676 Law Professors In Support Of Plaintiff’S Motion For Summary Judgment And For Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert

Amicus Briefs

Amici 676 law professors submit this brief in support of Plaintiff Jenner & Block’s Motion for Summary Judgment and for Declaratory and Permanent Injunctive Relief (the “Motion”) to emphasize the threat that the President’s Executive Order (the “Order”) presents to the independence and integrity of the legal profession, the rights of clients to seek redress in the courts, and, by extension, the rule of law. As experts in constitutional law, legal ethics, and the history of the legal profession, among other fields, we have a significant interest in ensuring that the principles of free speech, freedom of association, the right …

Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee

St. Mary's Journal on Legal Malpractice & Ethics

Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.

This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …

Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Don’T Byte Off More Than You Can Chew: Ethical Considerations For The Estate Planner In The World Of Generative Artificial Intelligence, Gerry W. Beyer

St. Mary's Journal on Legal Malpractice & Ethics

Artificial intelligence (AI) is rapidly being incorporated into estate planning practices. AI products can increase the speed by which you prepare, review, and summarize estate planning related documents, tax returns, and client communications. Likewise, the speed by which you can conduct legal and financial research is faster than ever. This presentation is designed to explain how AI operates, the potential use of AI in your practice, warnings about the use of AI, techniques you may adapt to enhance your AI competency, and how to address the ethical issues that arise when using AI.

When Can A Lawyer Lawfully Use Threats When Negotiating?, James M. Fischer

St. Mary's Journal on Legal Malpractice & Ethics

This Article focuses upon a basic negotiation device—a threat, used in a particular context—threats contained in settlement demand letters. In some, but not all, cases, however, the threat may be deemed a crime (extortion), in which case, the lawyer may be subject to sanction (criminal or civil liability, professional discipline) for making the threat. This consequence has, however, been largely ignored in academic literature. That is unfortunate, for it appears that many lawyers are unaware of the risks negotiation threats present because the risk is not well defined in the professional codes lawyers would normally look to for guidance.

This …

Sighting The Scope Of A Lawyer’S Representation, Douglas R. Richmond

St. Mary's Journal on Legal Malpractice & Ethics

Clients engage lawyers for many reasons. Regardless of the circumstances, however, the lawyer and the client need to agree on the scope of the lawyer’s representation, meaning the legal services the lawyer will perform for the client. The client must agree to and understand the scope of the lawyer’s representation as aspects of establishing her objectives for the matter and thereafter evaluating whether the lawyer is achieving those objectives. The client must also understand the scope of the representation to be able to decide whether the matter’s potential expense justifies its pursuit and to gauge the reasonableness of the lawyer’s …

The Law Of Disqualification And Problems With The Supreme Court Code Of Conduct, Donald K. Sherman, Marco A. White, Virginia Canter

Fordham Law Voting Rights and Democracy Forum

In this Article, we analyze the federal disqualification statute applicable to federal judges, magistrates, and Justices of the Supreme Court as compared to the disqualification provisions of the United States Supreme Court Code of Conduct and detail the ways in which the standards contained within the Code are contrary to law and history. To provide proper context, we examine the history, case law, and statutory framework that have created the current standards of judicial disqualification for all Article III judges and Justices. We demonstrate that the Court is bound to apply disqualification procedures in accordance with the United States Constitution, …

Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson

Legal Writing Competition Winners

Do law schools foster a culture of kindness? This essay argues that law schools’ policies do not adequately address non-academic misconduct, resulting in university policies that fail to promote good moral character. This argument is supported by analyzing a sample of law school student conduct and honor codes, examining anecdotal evidence of law school experiences, and looking at American Bar Association (ABA) regulations. This essay concludes that current honor codes are inconsistent and insufficient and provides suggestions to improve the Model Rules of Professional Conduct, add a Standard for ABA law school regulation, and institute honor codes regarding non-academic misconduct.

Three Distinguished Judges To Hear Final Arguments In Sherman Minton Moot Court Competition, James Owsley Boyd

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

A panel of three distinguished judges will hear final arguments in the Indiana University Maurer School of Law’s Sherman Minton Moot Court Competition on Friday, April 4.

The Hon. Diane S. Sykes, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit; the Hon. Richard L. Young, Senior Judge for the U.S. District Court for the Southern District of Indiana; and the Hon. Alison Conlon, Judge on the Circuit Court of Cook County (Ill.) will hear arguments in the DeLaney Moot Court Room beginning at 5 p.m.

The jurists will also meet with students before the event.

The Climate Whisperers, Cale Jaffe

Michigan Journal of Environmental & Administrative Law

Environmental groups and their allies have seen two of the bedrock statutes of modern environmental law (the Clean Air Act, Clean Water Act) eroded through recent decisions from the Supreme Court. At the same time, political polarization around climate policy- the gap between Republicans and Democrats on whether worsening global warming merits a response- is wider than it has ever been.

Despite these dispiriting headwinds, there are some encouraging counterpoints of recent climate progress in politically conservative communities. The heart of this essay is simply sharing these stories so we can learn from them. I label the advocates who succeeded …

From Civic Duties To Democratic Mandates: The Theoretical Framework Of Mill And Tocqueville On Compulsory Voting In The U.S., Olivia Claire Luttrell

Undergraduate Honors Theses

This thesis examines the treatment of jury duty and voting in the United States through the philosophical framework of John Stuart Mill and Alexis de Tocqueville. While jury duty is legally mandated, voting remains optional, despite both civic responsibilities being foundational to democratic participation. This research explores the historical, theoretical, and practical implications of voting becoming compulsory in the United States, as it is in other democratic nations. The analysis includes a comparative case study of the impact of Australia’s mandatory voting to evaluate whether it could become compulsory in the U.S. Both philosophers offer insightful knowledge on the role …

Christian Ethics And Business Leadership, Jon Armajani

The Journal of Social Encounters

This essay discusses the ethical principles of listening, community, stewardship, and interreligious and intercultural understanding with respect to business leadership. It opens by discussing definitions of ethics and their relevance to businesses and business leaders. It continues by providing a description of the consulting company Accenture’s ethical principles and practices, as positive examples. The essay provides Arthur Andersen and its work with Enron and WorldCom, both of which went bankrupt in the early 2000s, as examples of the failures that occur when ethical principles are not practiced. Then, the essay states that Christianity and the Benedictine tradition constitute a basis …