Legal Ethics and Professional Responsibility Commons^™

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson

Seattle University Law Review

Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.

This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens

Seattle University Law Review

The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …

International Law’S Forgotten Refugees—Palestinian Refugees In Egypt

Seattle University Law Review

This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

Good Intentions, Mixed Messages: Considering Mental Health In Attorney Discipline, Sarah J. Schendel

Suffolk University Law School Faculty Works

The legal profession urges struggling lawyers to seek help—but what happens when those same lawyers become the subject of discipline? As mental health challenges among lawyers become more widely acknowledged and understood, the disciplinary systems that govern the profession remain uneven and opaque in their treatment of mental health as a mitigating factor. This Article presents the first comprehensive review of over a decade of disciplinary decisions and admonitions in Massachusetts, focusing on how mental health is considered during sanctioning and whether current standards meaningfully reflect the profession’s stated commitments to fairness, public protection, and attorney well-being.

The analysis reveals …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa

Seattle University Law Review

For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Artificial Personhood: The Implications Of Recognizing The Legal Personhood Of Artificialintelligence, Daniel C. Borges

Vanderbilt Journal of Entertainment & Technology Law

Artificial intelligence (AI) is here in a big way. As society grapples with the implications of this profound new technology, the question of whether AI entities should be granted independent legal recognition, akin to human personhood, has emerged as a pivotal topic in jurisprudence. This Article explores the foundations, evolution, and implications of AI personhood, addressing philosophical perspectives, the development of personhood as a legal fiction (with specific emphasis on corporate personhood), and the need for AI personhood to counter the risks posed by rapidly developing AI technology. It defines the "AI person" as one whose legal recognition furthers a …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

When Lawyers Protest, Renee Knake Jefferson

Michigan Law Review

A review of Lawyer Nation: The Past, Present, and Future of the American Legal Profession. By Ray Brescia and a review of Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. By W. Bradley Wendel.

Teaching Telemachus: Learning To Live And Lead In A Flawed World, Sherman J. Clark

Michigan Law Review

A review of The Odyssey By Homer. Translated by Emily Wilson.

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Michigan Law Review

A review of AI Snake Oil.By Arvind Narayanan and Sayash Kapoor.

Will Power: Reconciling Halakha With Modern Estate Planning, Amanda Koptyev

Journal of Catholic Legal Studies

(Excerpt)

This Note will begin with an overview of Jewish laws of inheritance, using the biblical story of the daughters of Tzelafchad as a foundation and exploring Torah-based principles such as the double portion for the firstborn son and chukat mishpat. Part II examines Halakhic Wills, explaining their necessity and the mechanisms that make them compatible with Jewish law and secular systems. It also discusses the limitations of relying on the principle of dina d’malchuta dina, the principle that under certain circumstances, Jewish law requires that Jews be governed by the laws of the sovereign state, in cases …

Professional Identity Formation And The Nextgen Bar Open Opportunities For Law Student And Law School Success, Neil Hamilton

The Journal of Law Teaching and Learning

No abstract provided.

Though They Be But Young, They Are Fierce: Generation Z Is Leading The Way Toward A New Model Of Corporate Lawyering, Tania N. Shah

Brooklyn Journal of Corporate, Financial & Commercial Law

Since over a century ago, when Dodge v. Ford affirmed shareholder primacy as the central purpose of the corporation, and half a century since Milton Friedman argued that the only responsibility of business is to increase its profits, corporate law has reinforced a narrow tradition of fiduciary duty. But as that framework begins to broaden, a new generation of lawyers—Generation Z—enters the profession just as corporate governance is being redefined. The rise of benefit corporations—statutory entities legally required to pursue public benefit alongside profit—signals a meaningful shift in how corporate purpose is understood. Many Gen Zers came of age as …

Is Health Deserved? Personal Autonomy, Framing, Ethical Intimidation, And The Politicization Of Healthcare In The United States V. Japan, Ava C. Azucenas

Undergraduate Honors Theses

Is health deserved? Is your health owed to you? What does this mean, and whose responsibility is it? I argue that American culture’s use of  personal autonomy, “framing”, and ethical intimidation has stunted the improvement of both political and legal structures. This is evident in the politicization of the ‘for-profit’ healthcare system in the United States. American policymakers frequently weaponize moral foundations in order to coerce voters into supporting or opposing certain healthcare policies derived from the principle that some people are more "deserving" of health than others. This calculated “framing” of health concepts has deeply politicized such an ethical …

What's The Matter With Lozada: How The Board Of Immigration Appeals Coerces Immigration Lawyers To Breach Legal Ethics, Kari E. Hong

Idaho Law Review

In general, if an attorney makes a mistake, they can cure it by notifying the forum and filing the appropriate remedy. Immigration law, by contrast, stands alone by requiring the client (or a new attorney) to corroborate any mistake by filing a bar complaint against the first attorney. This requirement was established in a 1988 case, called Matter of Lozada. Much has been written on how the Lozada rule is unnecessary (a mistake does not need to be corroborated by a bar complaint and state bars are complaining about a deluge of unnecessary complaints for negligence) and harms the immigration …

From “Filed Under Seal” To “Frivolous On Appeal”: Potts V. Richardson And Georgia’S Movement Toward Enforceable Professionalism, H. Walker Purvis

Mercer Law Review

Potts v. Richardson marks a turning point in Georgia’s professionalism movement. On its face, the case involved an application of Georgia’s anti-SLAPP statute and the privilege afforded to communications made in connection with judicial proceedings. But the Court of Appeals of Georgia did more than resolve a defamation dispute. By imposing a $2,500 sanction under Rule 7(e) for what the court deemed a frivolous appeal, it in effect sanctioned a lawyer for conduct that violated the Georgia Lawyer’s Creed and Aspirational Statement on Professionalism.

Georgia has been a leader in the modern professionalism movement for decades. Central to that commitment …

Ai Is Taking Over!: A New Generation Of Unemployment Fears, Amaya V. Hepburn

Student Scholar Symposium Abstracts and Posters

The growing panic surrounding AI taking over the workforce is strong in a distinct group of demographics, in contrast to the fear of computers taking over the workforce that was seen in previous generations. This suggests that AI developments have sparked a wave of fear that is unlike the fear of tech developments in the past. I have discovered that this fear is prevalent across several demographics: age, employment, and income. By cross-analyzing through the 2017 and 2025 fear surveys, I discovered that fear of AI is more prevalent in younger generations and is more threatening to students entering the …

The Role And Professional Obligations Of Crown Attorneys In Disposition Hearings For Not Criminally Responsible Accused At Provincial Review Boards, Andrew Flavelle Martin

Dalhousie Law Journal

Crown attorneys perform several different roles, each accompanied by a set of professional obligations. R v Boucher makes it clear that the role and professional obligations of the Crown attorney at trial are to pursue justice, not to win. Much less clear are the role and professional obligations of Crown attorneys at review board disposition hearings for not criminally responsible (NCR) accused under Part XX.1 of the Criminal Code. In this article, I do two things. First, I canvass and synthesize the case law, legislative proceedings, and literature to identify the correct role of Crown attorneys at disposition hearings. I …

May 2026 News You Need, David Foe

The Journal of the Michigan Dental Association

This source provides comprehensive updates on organized dentistry, including the appointment of Dr. Nader A. Nadershahi as the new ADA executive director. It reports on the MDA's current membership market share, which remains high at approximately 70% despite national trends. Significant health topics covered include Mental Health Awareness Month resources like the Well-Being Index and a patient fact sheet linking oral health to systemic conditions like heart disease and diabetes.

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

May 2026 Government And Insurance Affairs, James Budd Mpp

The Journal of the Michigan Dental Association

This report summarizes the MDA’s participation in the ADA's annual Lobby Day in Washington, D.C.. MDA representatives met with congressional offices to advocate for student loan reform, including interest-free deferment during residency (H.R. 2028), and ERISA reform to ensure consistent patient protections across all dental insurance plans (H.R. 7931). The update also highlights efforts to protect the federal oral health infrastructure and introduces the "Member Minute" program for submitting legislative and insurance questions directly to the advocacy team.

The Human Touch: Lawyer Leadership In The Age Of Generative Ai, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

No abstract provided.