Legal Profession Commons^™

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Cardozo Law News Brief: March 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 14, 2025 Cardozo Law News Brief include:

• Professor Matthew Wansley spoke to The Washington Post about safety concerns with Zoox’s self-driving vehicles.

• Professor Haiyun Damon-Feng wrote in Slate on the Trump administration's immigration actions against children.

• Professor Michael Herz discussed constitutional spending powers in Fortune.

• Professor David Rudenstine published an op-ed in the New York Law Journal defending press freedoms.

• Professor Lindsay Nash was interviewed by The New Yorker and Zeteo on immigration and due process rights.

• Adjunct Professor Gary Galperin analyzed a pretrial motion in Business Insider.

• Faculty scholarship updates include:

  • Professor Emmanuel …

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Cardozo Law News Brief: March 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 7, 2025 Cardozo Law News Brief include:

• Scientist Zafra M. Lerman received the International Advocate for Peace Award at Cardozo and spoke on science education as a human right.

• Professor Jessica Roth was quoted in The New York Times on internal tensions at the Justice Department.

• Professor Matt Wansley spoke to The Washington Post about Tesla’s self-driving taxi plans.

• Professor Andrea Schneider commented in Business Insider on U.S.-Ukraine Oval Office negotiations.

• Professor Peter Markowitz discussed immigration enforcement in Newsweek and The Boston Globe.

• Faculty updates include:

  • Professor Barbara Kolsun’s book The Business and Law of …

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Mistaken About Mistakes: Error Analysis As An Untapped Tool For Law School Success, Elissa Jacob

Pace Law Review

Mistakes: everyone makes them, perhaps the new law student more than most. But why do our students continue to make the same errors despite our concerted efforts to prevent them? This article explores this question and provides ideas on how to utilize mistakes to fuel the learning process. Science has proven that the human brain is hardwired to benefit from errors. However, the psychological effects of failing, cultural systems, and the American educational system are frequent barriers to this biological process.

To overcome these obstacles and most effectively employ error analysis, I propose a three-step model. First, professors must lay …

Cardozo Law News Brief: February 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 21, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth appeared on PBS NewsHour to discuss DOJ resignations tied to the dismissal of a case involving NYC Mayor Eric Adams.

• Adjunct Professor Gary Galperin spoke to Gothamist about court procedures in the Luigi Mangione case.

• Derrick Hamilton, Deputy Director of the Perlmutter Center, published an op-ed in Times Union advocating for stronger discovery laws.

• Professor Peter Markowitz was quoted in Gothamist and Newsweek about ICE access to protected spaces under Mayor Adams.

• Professor Michael Pollack commented in Bloomberg on Denver’s new sidewalk repair fee.

• Professor …

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Cardozo Law News Brief: February 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 14, 2025 Cardozo Law News Brief include:

• Associate Judge Caitlin J. Halligan was announced as the keynote speaker for Cardozo’s 47th Commencement.

• Professor Jessica Roth appeared on CBS Mornings, The Washington Post, and PBS NewsHour discussing the Luigi Mangione case and corruption charges involving Mayor Eric Adams.

• Professor Lindsay Nash spoke to City Limits about the impact of the Laken Riley Act on immigrant communities.

• Faculty updates include:

  • Ellen Drucker-Albert edited the latest issue of Association of Jewish Libraries’ News and Reviews.

  • Professor Andrea Schneider co-authored International Conflict Resolution Processes with Carrie Menkel-Meadow.

Cardozo Law News Brief: February 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 7, 2025 Cardozo Law News Brief include:

• Cardozo's P*LAW 2025 featured a week of student-led public service programming, coordinated by the Center for Public Service Law.

• Professor Jessica Roth spoke to The New York Times and Politico about the possible dismissal of charges against NYC Mayor Eric Adams.

• Professor Betsy Ginsberg was quoted in The Wall Street Journal on constitutional questions related to incarcerating Americans in El Salvador.

• Professor Andrea Schneider spoke to Business Insider about Costco’s pay increases for non-union workers and the implications for labor negotiations.

The Indispensability Of Human Paralegals In The Era Of Advancing Ai, Nicole L. Perry

The Guardianship Journal

The rapid advancement of artificial intelligence (AI) is causing ripples in all areas of life. The legal field is not immune, and concerns about AI replacing legal professionals abound. This manuscript explores the role of paralegals in the legal field from the inception of legal assistants to today and beyond. It examines research on the importance of the human paralegals’ expertise in navigating complex legal processes efficiently and accurately while providing emotional support for clients. This manuscript describes how human paralegals will remain indispensable thanks to their technological capabilities and emotional intelligence. Emphasizing the American Bar Association’s (ABA) mandate on …

Cardozo Law News Brief: January 31, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 31, 2025 Cardozo Law News Brief include:

• Students participated in the 42nd Annual ITAP, sharpening their trial skills in an intensive litigation training program.

• Cardozo’s Kukin Program for Conflict Resolution offered hands-on mediation and advocacy experience through intensive dispute resolution courses.

• Professor Peter Markowitz spoke to Fox 5 New York about the importance of NYC’s sanctuary city laws.

• Professor Saurabh Vishnubhakat was quoted in The Guardian and Forbes on TikTok’s legal future under President Trump.

• Professor Jocelyn Getgen Kestenbaum appeared on ABC News to reflect on International Holocaust Remembrance Day and the rise of global …

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Cardozo Law News Brief: January 24, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 24, 2025 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to The Guardian and ABC News about the Trump administration’s approach to delaying enforcement of the TikTok ban.

• Professor Peter Markowitz published an op-ed in the New York Daily News critiquing Mayor Adams' shifting stance on NYC sanctuary city laws.

• Adjunct Professor Gary Galperin was quoted in Gothamist discussing public perception and legal reasoning surrounding Daniel Penny’s acquittal.

Cardozo Law News Brief: January 17, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 17, 2025 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to Law360, USA Today, The Verge, Politico, and ABC News about legal challenges surrounding the U.S. TikTok ban.

• Professor David Rudenstine published an op-ed in The Hill urging the Supreme Court to adopt a formal code of ethics.

• Professor Matthew Wansley was quoted in The Washington Post on privacy concerns related to Elon Musk's involvement in a Cybertruck explosion investigation.

• Assistant Professor Emmanuel Hiram Arnaud’s article “Colonizing by Contract” was published in the Columbia Law Review.

Cardozo Law News Brief: January 3, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 3, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth spoke to The New York Times about the legal basis for Luigi Mangione facing both federal and state murder charges.

• Professor Betsy Ginsberg discussed jail conditions in Gothamist, emphasizing the need for systemic reform.

• Adjunct Professor Gary Galperin explained to Gothamist how legal strategy and timing are determined when dual prosecutions occur.

• Professor Jocelyn Getgen Kestenbaum appeared on The FoRB Podcast with Visiting Professor Dmytro Vovk to discuss global responses to the 2014 Yazidi genocide.

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Expertise, Ideology, And Dissent, Paul R. Gugliuzza, Jonathan R. Nash, Jason Rantanen

American University Law Review

No abstract provided.

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Technology Competency Road Map In Rhode Island: Reforming Professional Rules And Continuing Legal Education With Modern Educational Frameworks And Instructional Design Principles To Protect Clients, Myrta L. Ventura

Roger Williams University Law Review

No abstract provided.

The Systematic Devaluation Of Legal Scholarship In Criminology And Criminal Justice, Henry F. Fradella

Touro Law Review

Certain bibliometrics have become important indicators of scholarly impact despite their many weaknesses. This Article presents data demonstrating the shortcomings of using citation counts and journal impact factors for law-based scholarship. Moreover, the Article argues that reliance on these flawed metrics is just one example of how scholars in criminology and criminal justice (“CCJ”) systematically devalue legal scholarship.

The Article begins by offering quotations from social scientists that provide insights into the negative ways they view legal scholars and their work. It also quotes from interviews conducted with CCJ scholars who hold a law degree and either earned or are …

Dobbs V. Brown, Benjamin H. Barton

Dickinson Law Review (2017-Present)

Dobbs v. Jackson Women’s Health Organization1is the most important and impactful Supreme Court decision since at least Roe v. Wade, and potentially since Brown v. Board of Education. Past survey data show that most Americans can only name two Supreme Court opinions: Roe and Brown. Dobbs will surely join that list. This Article compares the history, drafting, and opinions of Dobbs and Brown to show what a missed opportunity Dobbs represents. Regardless of whether you agree or disagree with the opinion, it should be clear that Dobbs was one of those unique times (like that of Brown) where the Court …

Integrating Academic Success, Krishnee Coley, Laura A. Webb

Law Faculty Publications

Over the past few years, Richmond Law has taken several intentional steps to address one of ASP’s perennial challenges: the students who most need help may not be the ones who find their way to optional ASP sessions. By integrating academic success into orientation programs and collaborating with doctrinal professors, we’ve succeeded in reaching all our 1L students despite the lack of a mandatory 1L ASP course.

For The Reasons Elucidated Above: Lessons From Judge Selya On Law, Writing, And Life, Stefanie D. Fischer, Colten H. Erickson

Roger Williams University Law Review

No abstract provided.

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

No abstract provided.

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

Faculty Works

This essay examines the role of inclusivity as a foundational principle in online legal education, arguing that it is essential to fulfilling institutional missions, aligning with established pedagogical best practices, and enhancing the overall learning experience. Drawing on the development of a fully online J.D. program, the piece outlines how inclusivity can be embedded at both the institutional and classroom levels. It highlights strategies for fostering a sense of community among geographically dispersed students, including integrating online learners into broader academic and co-curricular activities, designing courses that balance synchronous and asynchronous instruction, and implementing consistent instructional standards. The essay further …

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states six principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the six principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains generative …