Legal Profession Commons^™

Product Nationality And Corporate Identity, Trang (Mae) Nguyen

Seattle University Law Review

Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Seattle University Law Review

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into the software …

Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani

Seattle University Law Review

Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …

Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster

Seattle University Law Review

For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices.  They press their claims in street protests, legislative hearings, dramatic performances, and other fora.  The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin.  More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …

Greenhat’S Greenlight To The Cftc: The Case For A Jurisdictional Shift Of Financial Transmission Rights From The Federal Energy Regulatory Commission To The Commodity Futures Trading Commission, Timothy K. Shaw Ii

DePaul Business & Commercial Law Journal

Regional Transmission Organizations and Independent System Operators are a relatively new platform to buy and sell wholesale electricity and transmission service of that electricity. These groundbreaking organizations have been around since 1996 after the Federal Energy Regulatory Commission (“FERC”) issued Order 888. FERC regulates the physical electricity wholesale sale and transmission service market managed by a Regional Transmission Organization (“RTO”) or Independent System Operator (“ISO”),through its Federal Power Act mandate. Many RTOs and ISOs offer a product called a Financial Transmission Right (“FTR”). Traditionally, FTRs assist the holder by providing price certainty, or a hedge, in the capacity market. This …

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Living Property, Joseph William Singer

Seattle University Law Review

The Supreme Court has increasingly defined property rights that are per se exempt from regulation in the absence of compensation, most recently in Cedar Point Nursery v. Hassid (2021) and Tyler v. Hennepin County (2023). The Court claims that it can identify property rights that are categorically protected from regulation by reference to history, tradition, and precedent. Yet this approach is oddly ahistorical; it is inconsistent with the fact that property law changed dramatically over U.S. history, as well as varying tremendously among the states. It is also inconsistent with the historical context of the Founding era. At that time, …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

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 …

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. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“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, …

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 …

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 …

Keabsahan Pemberian Kuasa Pendebetan Dan Pemblokiran Sebagai Jaminan Dalam Suatu Perjanjian Kredit (Studi Putusan Mahkamah Agung Nomor 587k/Pdt.Sus-Bpsk/2021), Reyvia Fitri

Indonesian Notary

This thesis analyzes the validity for granting a power of attorney in a credit agreement and to which court has the authority to adjudicate disputes arising from the validity of such granting of power of attorney. This article was prepared using doctrinal methods with secondary data originating from the Civil Code and other related regulations. Today's urgent need for credit encourages people to enter into credit agreements without fully understanding the contents of the agreement they are entering. In practice, the contents of the credit agreement contain a clause granting authority to debit and block the customer's account to ensure …

Tanggung Jawab Notaris Atas Keabsahan Pelaksanaan Rupslb Dan Akta Hibah Saham Yang Bertentangan Dengan Anggaran Dasar Perseroan Terbatas (Studi Putusan Pengadilan Negeri Padang Nomor 10/Pdt.G.S/2023/Pn Pdg), Aqilah Nurshafira Anwar

Indonesian Notary

This thesis examines the validity of the Extraordinary General Meeting and the creation of the share gift deed that does not comply with the Articles of Association, based on the UUPT and UUJN. This thesis also examines Notary's liability for creating the share gift deed in violation of the law, as Padang District Court Decision No. 10/Pdt.G.S/2023/PN Pdg. This research uses doctrinal methodology with qualitative analysis. The results show that the RUPSLB decision of PT INT, remains valid despite procedural disrepancies in the meeting invitation, as all shareholders attended and approved the decision, as per Article 82(5) UUPT. However, …

Pendaftaran Akta Wasiat Untuk Pelindungan Terhadap Penerima Wasiat Dan Pihak Ketiga (Studi Putusan Pengadilan Negeri Denpasar Nomor 218/Pdt.G/2021/Pn Dps), Arde Nauval Sulistyo

Indonesian Notary

A person can state his will after he dies in an authentic deed, namely a Will Deed. Furthermore, the Will Deed must be registered with the Ministry of Law and Human Rights (Kemenkumham). The case of not registering a Will Deed which ultimately gave rise to a dispute can be found in the Denpasar District Court Decision Number 218/Pdt.G/PN Dps. The problem raised in this study is about the legal consequences of a Will Deed that is not registered with the Ministry of Law and Human Rights. In addition, the judge's considerations in his decision to fulfill justice and legal …

Kedudukan Ahli Waris Sebagaimana Surat Keterangan Hak Mewaris Yang Dibuat Pasca Terjadinya Pelanggaran Hak Cipta (Studi Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/Pn Niaga Jkt.Pst), Mirza Alvina Maharani

Indonesian Notary

This thesis examines the status of copyright as an inheritable asset recognized under Indonesian law, as well as the legal standing of heirs based on a Certificate of Inheritance (Surat Keterangan Hak Mewaris or SKHM) issued after a copyright infringement has occurred, as reflected in Decision No. 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst. This research employs a doctrinal legal method, supported by expert interviews. In the case under study, it was found that although inheritance under civil law occurs automatically upon the death of the copyright holder, the transfer of copyright requires written evidence and official registration with the Directorate General of …

Peranan Majelis Pengawas Daerah Kota Depok Dalam Menghadapi Permasalahan Pelanggaran Jabatan Notaris Di Kota Depok, Gabriella Tiku Sarungu

Indonesian Notary

The Regional Supervisory Council (MPD) functions to oversee and provide guidance on the Notary profession. The role of MPD is crucial in minimizing violations related to the Notary profession, particularly in Depok City. Therefore, it is necessary to examine the role of MPD in addressing violations of the Notary profession in Depok City, based on applicable regulations, as well as the implications of handling various types of violation reports submitted by the public on the performance of MPD in Depok City. This study uses a non-doctrinal method with qualitative empirical data, gathered through interviews and supported by secondary data. The …

Akibat Hukum Akta Penegasan Notaris Yang Memuat Perjanjian Pinjam Nama (Nominee) Benda Bergerak (Studi Putusan Nomor 5/Pdt.G/2022/Pn Stb Jo. Putusan 612/Pdt/2022/Pt Mdn), Andasmara Rizky Pranata

Indonesian Notary

In practice, the existence of nominee agreements often raises debates about their validity and legal protection for the parties involved, so nominee agreements should not be used carelessly and notaries play an important role in drafting these agreements. The purpose of this study is to analyze the validity of the deed confirming the agreement to borrow a name made by a Notary and to find out the role and responsibilities of a notary in confirming the agreement to borrow a name (nominee) related to movable property that is detrimental to the parties in the decision of Decision Number 5/Pdt.G/2022/PN Stb …

Kewenangan Dan Tanggung Jawab Notaris Berkaitan Dengan Bukti-Bukti Yang Diserahkan Para Pihak Untuk Pelaksanaan Surat Perjanjian Bersama (Studi Kasus Putusan Pengadilan Negeri Medan Nomor 693/Pdt.G/2021/Pn Mdn), Moudy Khanza

Indonesian Notary

This article analyzes the authority and responsibilities of a notary in matters relating to the evidence submitted by the parties for the implementation of the joint agreement (Case Study of Medan District Court Decision Number 693/Pdt.G/2021/PN Mdn). The problem formulated is firstly regarding the notary’s authority to store files relating to the deed, and secondly, the notary’s responsibilities are related to storing files for the implementation of the collective agreement related to Medan District Court decision Number 693/Pdt.G/2021/PN Mdn, where the agreement contains a joint agreement between party A and party W regarding the issue of reporting land disputes at …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents