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Full-Text Articles in Legal Profession

Table Of Contents, Seattle University Law Review Jan 2023

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Blood On The Tracks, Thomas D. Russell Jan 2023

Blood On The Tracks, Thomas D. Russell

Seattle University Law Review

Streetcars were the greatest American tortfeasors of the early twentieth century, injuring approximately one in 331 urban Americans in 1907. This empirical study presents never-before-assembled data concerning litigation involving streetcar companies in California during the early twentieth century.

This Article demonstrates the methodological folly of relying upon appellate cases to describe the world of trial court litigation. Few cases went to trial. Plaintiffs lost about half their lawsuits. When plaintiffs did win, they won very little money. Regarding the bite taken out of the street railway company, the Superior Court was a flea.

Professor Gary Schwartz and Judge Richard Posner …


Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte Jan 2023

Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte

Articles

In settler colonial contexts, law and educational institutions operate as structures of oppression, extraction, erasure, disempowerment, and continuing violence against colonized peoples. Consequently, clinical legal advocacy often can reinforce coloniality--the logic that perpetuates structural violence against individuals and groups resisting colonization and struggling for survival as peoples. Critical legal theory, including Third World Approaches to International Law (“TWAIL”), has long exposed colonial laws and practices that entrench discriminatory, racialized power structures and prevent transformative international human rights advocacy. Understanding and responding to these critiques can assist in decolonizing international human rights clinical law teaching and practice but is insufficient in …


Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate Sep 2022

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.


The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix Jun 2022

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …


How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen Jun 2022

How Technology Is Changing Justice In China, Shitong Qiao, Zhiyu Li, Benjamin Chen

Judicature International

No abstract provided.


Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros May 2022

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …


Transnational Legal Practice, Laurel Terry Mar 2022

Transnational Legal Practice, Laurel Terry

The Year in Review

No abstract provided.


State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li Feb 2022

State Leadership Vs. Lawyers' Entrepreneurship: The Globalization Trajectories Of Chinese Legal Professionals Under The Belt & Road Initiative, Jing Li

Indiana Journal of Global Legal Studies

Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap and offering broad incentives, the state has demonstrated a much more handson approach. By collecting the so-called "state-adjacent" lawyers and commissioning them to take some concrete first steps stipulated in the roadmap, the Chinese state effectively envisions them as role models for other lawyers to follow to ensure that …


Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor Feb 2022

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.


Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit Feb 2022

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.


The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor Feb 2022

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.


Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements Feb 2022

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.


Monsanto: Creator Of Cancer Liability Jan 2022

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.


Impact Of Corporate Response To Controversial Presidential Statements Or Policies Jan 2022

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.


Becoming In-House Counsel For Sports Teams And International Franchises, Cassie Mcbride, Caroline Perry, David Cohen, Barbara Zaragoza Jan 2022

Becoming In-House Counsel For Sports Teams And International Franchises, Cassie Mcbride, Caroline Perry, David Cohen, Barbara Zaragoza

California Western International Law Journal

No abstract provided.


Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law Jan 2022

Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William R. Corbett Oct 2021

Firing Employment At Will And Discharging Termination Claims From Employment Discrimination: A Cooperative Federalism Approach To Improve Employment Law, William R. Corbett

Cardozo Law Review

No abstract provided.


Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden May 2021

Law School News: Adjunct Professor Of The Year 2021: David Coombs 05/19/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Transnational Legal Practice, Laurel Terry May 2021

Transnational Legal Practice, Laurel Terry

The Year in Review

No abstract provided.


Young Lawyers Interest Network (Yin), Sara Blackwell, Siena Caruso, Jose Francisco Mafla, Manoj Kumar May 2021

Young Lawyers Interest Network (Yin), Sara Blackwell, Siena Caruso, Jose Francisco Mafla, Manoj Kumar

The Year in Review

No abstract provided.


Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon Jan 2021

Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Religious Roots Of Corporate Organization, Amanda Porterfield Jan 2021

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …


The Rules Of The (Belt And) Road: How Lawyers Participate In China's Outbound Investment And Infrastructure Initiatives, Lawrence J. Liu Jan 2021

The Rules Of The (Belt And) Road: How Lawyers Participate In China's Outbound Investment And Infrastructure Initiatives, Lawrence J. Liu

Scholarship@WashULaw

This article provides a bottom-up view of China’s Belt and Road Initiative (BRI) though an empirical examination of how and why domestic lawyers are engaged in BRI investment and infrastructure projects. Drawing on an original dataset of biographical information of, and eleven semi-structured interviews with, lawyers identified by the state as “BRI and Cross-Border Legal Experts,” I examine these lawyers’ demographic characteristics, the knowledge they rely upon in their work, and their motivations. I find that China’s BRI lawyers work and speak in ways similar to cross-border lawyers from countries like the United States. At the same time, these state-adjacent …


Design Justice In Municipal Criminal Regulation, Amber Baylor Jan 2021

Design Justice In Municipal Criminal Regulation, Amber Baylor

Faculty Scholarship

This article explores design justice as a framework for deeper inclusion in municipal criminal court reform. Section I provides a brief summary of a typical litigant’s path through modern municipal courts. Then, section I explores the historic role of municipal courts, the insider/outsider dichotomy of municipal criminal regulation, and the limitations of past reform efforts. Section II shifts into an overview of participatory design and discusses the new emergence of design justice. Within the discussion of design justice, the article focuses on three precepts of design justice: excavating the history and impact of the courts, creating tools for participation, and …


Duress In Immigration Law, Elizabeth A. Keyes Jan 2021

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …


Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie Jan 2021

Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie

Articles, Book Chapters, & Popular Press

Good lawyering, then, is required to maintain the fairness of trials, but good lawyering requires effective tools that can assist counsel in helping the contours of fairness be made apparent and cognizable before domestic courts. Translating international human rights law for the purposes of domestic application, in particular, is by no means an easy task, but this new text – The Right to a Fair Trial in International Law – provides lawyers with a formidable resource.


Enough Is As Good As A Feast, Noah C. Chauvin Oct 2020

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.


Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis Oct 2020

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …