Legal History Commons^™

The Silent Bench: How The Chilean Judiciary Failed To Check Pinochet's Executive Power And The Continued Struggle For Judicial Independence, Daniela González García

Latin American & Caribbean Law Review

Although authoritarian regimes are often associated with lawlessness, many consolidate power through carefully crafted legal framework that create the illusion of illegality. Chile under Augusto Pinochet offers a critical case study of this phenomenon. In Chile, Pinochet ushered in his “authoritarian legality” after spearheading a military coup in 1973 that toppled a democratically elected left-wing government. Through Chile’s 1980 Constitution, drafted by hand-picked loyalists and approved in a tightly controlled setting, Pinochet’s regime embedded executive supremacy, restricted judicial review, and transformed Chile’s courts into a silent bench. Applying David S. Clark’s theory that judicial review must be evaluated within a …

Whose Burden Is It Anyway? A Historical Resolution To Burden Allocation Under Federal Rule Of Civil Procedure 12(B)(3), Curtis Valencia

Northwestern University Law Review

Today, venue is generally treated as secondary to jurisdiction: statutory, waivable, and concerned with where litigation should proceed, rather than whether it should proceed at all. Yet the courts of appeals remain split over a basic question of federal venue procedure: who bears the burden of proof when a defendant moves to dismiss for improper venue under Federal Rule of Civil Procedure 12(b)(3)? Though seemingly technical, in practice, burden allocation can determine whether a suit survives.

This Note offers the first historically grounded approach to resolving Rule 12(b)(3)’s burden allocation problem and argues that the circuit majority approach rests on …

Originalism's General-Law Turn, Nina Varsava, Bill Watson

Northwestern University Law Review

Originalists are increasingly turning to a general-law theory of constitutional rights. Under this theory, constitutional enactment declared but did not create constitutional rights. The content of those rights was, and remains, a question of general law—a species of common law, regularly employed at the Founding, that transcends jurisdictional boundaries. This preoccupation with general law has precipitated a wave of scholarship developing general-law accounts of various constitutional rights. Yet the nature of general law itself remains poorly understood.

This Article offers a theory of general law. Using philosophical methods to reexamine early American cases and recent work in legal history, the …

Arbitration In Name Only, Myriam Gilles

Northwestern University Law Review

Modern arbitration clauses hide a dirty secret: many don’t actually provide for genuine arbitration. These provisions masquerade as mutual commitments to fair and efficient private dispute resolution but, in truth, are mere imitations of genuine arbitration provisions. Some reserve for the drafter the power to amend or terminate the clause at will without notice or consent; others design the arbitration process to ensure bias from the start; still others depart so radically from the bilateral, informal model blessed by the Supreme Court that they scarcely resemble arbitration at all. These arrangements are arbitration in name only, falling outside the Federal …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Le Conseil D’État : Histoire Et Évolution, Antoine Khair

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

مشروع قانون الإرث لغير المحمديين الجديد ومقارنته مع القانون الحالي, Poej

Proche-Orient, Études juridiques

No abstract provided.

قانون رقم ٣٢٢ يرمي إلى تعديل المادة ٣٠ من القرار رقم ٣٣٣٩ تاريخ ١٩٣٠/١١/١٢ (قانون الملكية الفكرية), Poej

Proche-Orient, Études juridiques

No abstract provided.

المرسوم رقم ٦٣٥٨ تاريخ ٢٠٠١/٩/١٩ المتعلق بنظام الدروس والامتحانات المؤدية إلى الإجازة اللبنانية في الحقوق في كلية الحقوق والعلوم السياسية في جامعة القديس يوسف, Poej

Proche-Orient, Études juridiques

No abstract provided.

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.

Hommage À Méliné Topakian, Jean Ducruet S.J.

Proche-Orient, Études juridiques

No abstract provided.

Le Nouveau Projet De Loi Successorale Au Liban, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

En Requiem – Philippe Fouchard, Ibrahim Najjar

Proche-Orient, Études juridiques

No abstract provided.

L'Influence Des Idées De Josserand Sur Le Code Des Obligations Et Des Contrats, Fayez Hage Chahine

Proche-Orient, Études juridiques

No abstract provided.

La Spéculation Boursière Dans Le Droit Et La Littérature Française Du 19Ème Siècle, Hubert De Vauplane

Proche-Orient, Études juridiques

No abstract provided.

Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko

Brooklyn Journal of International Law

The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …

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 …

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 …

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 …