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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 …

The Role Of "Light Plagiarism" In Legal Writing , From A Recent Practitioner's Perspective, Donna L. Eng

UF Law Faculty Publications

Because practitioners are pressured to complete their tasks as quickly and efficiently as possible, lawyers regularly use documents previously drafted by other lawyers as a starting point for their drafting. Law students may be surprised to learn that in the modern practice of law, plagiarism is so widely accepted and encouraged. This article proposes several reasons why Legal Writing Professors should consider addressing that fact by discussing the process by which many lawyers draft documents in the real-world practice of law today.

First, the rules against plagiarism do not relate to the real-world practice of law. Unlike law students, who …

Outdated U.S. Safety Net Leaving Poor Communities Exposed To “Climate Strains”, Maurer School Of Law - Indiana University

Keep Up With the Latest News from the Law School (blog)

America’s safety net is failing to protect its most vulnerable citizens from the growing pressures of climate change, according to new research from an Indiana University Maurer School of Law Professor Andrew Hammond.

In a new article forthcoming in the Iowa Law Review, Hammond argues that while policymakers, the press, and the public tend to focus on climate “shocks” like hurricanes and wildfires, millions of Americans face overlooked climate “strains”—the everyday stresses of extreme heat, deteriorating air quality, and failing infrastructure that disproportionately affect low-income Americans.

Hammond’s paper, “Climate Strains and the Safety Net,” found that …

Access To Algorithmic Justice Working Paper: Introducing The A2aj’S Canadian Legal Data: An Open-Source Alternative To Canlii For The Era Of Computational Law, Simon Wallace, Sean Rehaag

Commissioned Reports, Studies and Public Policy Documents

The Access to Algorithmic Justice project (A2AJ) is an open-source alternative to the Canadian Legal Information Institute (CanLII). At a moment when technology promises to enable new ways of working with law, CanLII is becoming an impediment to the free access of law and access to justice movements because it restricts bulk and programmatic access to Canadian legal data. This means that Canada is staring down a digital divide: wellresourced actors have the best new technological tools and, because CanLII has disclaimed leadership, the public only gets second-rate tools. This article puts CanLII in its larger historical context and shows …

Law Library Blog (August 2025) : Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

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

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

Medium Matters In Preparing For Law Practice: Critical E-Reading, Amanda L. Sholtis

Faculty Scholarship

No abstract provided.

Moot Court Teams Earning National Accolades, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

t was a banner year for the Law School’s moot court competitors, as one team brought home a championship trophy, multiple teams made deep runs in national tournaments, and several students earned impressive individual honors.

“For our external competitions against other schools, we had to have tryouts this year because we had a record number of applicants,” said Professor Lane McFadden, who teaches Legal Writing and Research and Appellate Advocacy and supervises the Law School’s appellate moot court programs. “The rising 2Ls are now excited because the students who are only a year or two ahead of them have done …

Vandy Earns Top Prize In Auwcl National Health Law Writing Competition, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Nicholle Vandy, a rising 3L from Knox, Ind., has become the first Indiana University Maurer School of Law student to earn top honors at the American University Washington College of Law National Health Writing Competition.

Vandy’s paper, “True Man, Captive Mother: Abortion as a Fundamental Self-Defense Right,” was named the winning entry of the 10th annual competition, which encourages law students from across the country to write scholarly papers on current topics of interest relevant to health, food, and/or drug law.

Cardozo Law News Brief, June 13, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

This Cardozo Law News Brief highlights the 47th Commencement, where Dean Melanie Leslie reminded the Class of 2025 of their duty to uphold the Constitution, and the pre-Commencement Awards Ceremony celebrating outstanding student achievements. It also announces the appointment of three new members to the Board of Overseers and features Rachel Strom ’06 joining a special edition of the SPARKS podcast with Deans Leslie and Grand. In the media, Professor Peter Markowitz spoke to PIX11 about ICE’s proposed office on Rikers Island, Professor Lindsay Nash spoke to WBUR on ICE’s use of warrantless arrests, Professor Michael Pollack was quoted in …

Reigning In Rushed Recruiting, Jamie Abrams

Presentations

This presentation will survey the timeline shifts that have occurred in the large firm hiring market in the Capital Area region, the collateral consequences of these compressed timelines in LRW classrooms, and the role of the LRW community going forward.

Cardozo Law News Brief: May 16, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the May 16, 2025 Cardozo Law News Brief include:

• Professor Michael Herz spoke to National Law Journal about the limited impact of Trump’s executive order on regulatory prosecutions.

• Professor Peter Markowitz was quoted in Gothamist on a judge’s decision to release a Bronx man detained by ICE.

• Professor Haiyun Damon-Feng discussed racial bias in immigration policy in Bloomberg.

• Professor Alexander Reinert appeared on NY1 to comment on the appointment of a remediation manager at Rikers Island.

• Professor Zalman Rothschild’s 2022 study, Free Exercise Partnership, was cited in a New York Times opinion essay.

Pragmatics And Textualism, Lawrence B. Solum

Journal of Law and Policy

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles include contextual disambiguation and the communication of implicit content via what is called “pragmatic enrichment.” Textualism is sometimes characterized as the view that the meaning of statutory texts should not take context into account, but that characterization is incorrect. Not only do self-identified textualists explicitly maintain that context should be considered when interpreting statutes—all good textualists must do so. Absent consideration of context, the meaning of statutory texts would be pervasively ambiguous, sparse, and incomplete. Good textualism requires …

Law School News: Protecting The Waters 4-10-2025, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Rwu Law Teams Earn Top Honors At National Admiralty Moot Court Competition 4-2-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.