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Articles 1 - 30 of 5799
Full-Text Articles in Legal Profession
Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue
Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue
Pepperdine Dispute Resolution Law Journal
The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
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 …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
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 …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
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 …
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
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: …
Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach
Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach
Journal of Legal Education
No abstract provided.
Closing Symposium Remarks: Reflections On A Legacy That Endures, Jelani Jefferson Exum
Closing Symposium Remarks: Reflections On A Legacy That Endures, Jelani Jefferson Exum
St. John's Law Review
(Excerpt)
I am back again, but this time, to give my closing remarks and to reflect on this extraordinary day. I think that is a fitting word for it. I want to take a moment to reflect on our experience together and to celebrate the enduring power and purpose of scholarship at St. John’s Law. This has been a wonderful opportunity to hear from our faculty, to engage with one another, and to witness the profound ways in which scholarship shapes the law, the academy, and society.
On Being A Scholar And A Teacher In Polarized Times, Michael A. Simons
On Being A Scholar And A Teacher In Polarized Times, Michael A. Simons
St. John's Law Review
(Excerpt)
There’s an old expression, sometimes attributed to a Chinese curse, that says “May you live in interesting times.” That expression is very much in the air these days. One hundred years after the founding of our law school, it feels like we are in not just “interesting” but unprecedented times.
Perhaps every era feels unprecedented, but right now our country seems acutely polarized, our legal system seems to be under great stress, and fundamental assumptions we’ve held about the Rule of Law seem to be eroding. And then, to add to that, the assassination of Charlie Kirk and the …
Opening Symposium Remarks: Celebrating 100 Years Of Scholarly Impact At St. John’S Law, Jelani Jefferson Exum
Opening Symposium Remarks: Celebrating 100 Years Of Scholarly Impact At St. John’S Law, Jelani Jefferson Exum
St. John's Law Review
(Excerpt)
Good morning, everyone. It is both an honor and a joy to open today’s symposium—Impact That Endures: Celebrating the Past, Present, and Future of St. John’s Law Faculty Scholarship.
As we gather in this centennial year of St. John’s Law, we have the opportunity to reflect not only on our history but also on our identity. So that means thinking about who we have been, who we are, and then also, who we aspire to be.
Extending Legal Privilege To In-House Counsel In India, L Viswanathan, Animesh Bisht
Extending Legal Privilege To In-House Counsel In India, L Viswanathan, Animesh Bisht
National Law School of India Review
Client-attorney privilege is a cornerstone of the rule of law, yet its extension to in-house counsel in India remains fraught with uncertainty. The Supreme Court’s recent decision in In re: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues, Suo Moto Writ Petition (Criminal) No. 2 of 2025, reinforced a status-based exclusion, holding that in-house counsel fall outside the definition of “Advocate” under the Advocates Act, 1961 and the Bar Council of India Rules, and therefore cannot claim privilege under the Bharatiya Sakshya Adhiniyam, 2023. This paper examines the Indian statutory framework and …
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates
Maine Law Review
Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …
One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main
One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main
Maine Law Review
Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …
Legal Deserts Over Time, Cory L. Dodds
Legal Deserts Over Time, Cory L. Dodds
Maine Law Review
Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …
Foreword, Adam Fortier-Brown
Foreword, Adam Fortier-Brown
Maine Law Review
Access to legal services in America has emerged as one of the most pressing structural challenges facing the legal community. As attorneys increasingly concentrate in metropolitan areas, large areas are left with few practicing attorneys and challenging prospects of attracting many more. The consequences of this challenge reach across nearly every aspect of life in these communities—from housing and family stability, to starting or winding down businesses, and critically, to the constitutional guarantees that attach when someone is charged with a crime. Yet, these challenges have also generated a period of genuine creativity and collaboration between communities and different institutions. …
A Lawyer’S Responsibility To The Rule Of Law, Joseph Mead
A Lawyer’S Responsibility To The Rule Of Law, Joseph Mead
Et Cetera
The American legal system faces a growing crisis as the gap between vested rights and judicial remedies expands. Attacks on the legal profession deter lawyers from taking on lawsuits challenging the federal government, potentially expanding the gap between right and remedy. This essay describes how the legal profession has responded to this moment and urges attorneys to renew their commitment to the rule of law.
2025, Richard Delgado
2025, Richard Delgado
Seattle University Law Review
"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."
-excerpt from Kevin Johnson's review of 2025
Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa
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
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
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 …
From Self-Representation To Smart Representation: How Ai & Self-Help Services Can Strengthen Pro Se Litigation, John W. Park
From Self-Representation To Smart Representation: How Ai & Self-Help Services Can Strengthen Pro Se Litigation, John W. Park
Journal of Law and Policy
The American legal system has long struggled with the gap between those who can afford counsel and those who cannot, leaving millions of pro se litigants to navigate complex civil proceedings alone and lose at staggering rates. Yet, over decades of incremental reform, existing self-help infrastructure has failed to keep pace with the growing pro se crisis or the rapid technological advancement that now gives represented parties an unprecedented advantage. Meanwhile, law firms and attorneys increasingly harness law firm tailored AI programs that are generally unavailable to the unrepresented litigant. This technological asymmetry has transformed an already significant capability gap …
Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh
Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh
BYU Law Review
This Article provides an empirically based portrait of a population that is typically hidden from the public eye and has received scant attention in legal scholarship: Christian lawyers who engage in public interest work that falls outside the political right. Throughout the legal profession, lawyers who treat their Christian faith as a component of their professional identity and who actively endorse a politically conservative worldview are visible and active. With such lawyers’ increased prominence, growing political polarization, and reports of shifting levels of religiosity in the United States, the prospect of Christianity being perceived as synonymous with political conservatism seems …
The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold
Seattle University Law Review
For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …
When Lawyers Protest, Renee Knake Jefferson
When Lawyers Protest, Renee Knake Jefferson
Michigan Law Review
A review of Lawyer Nation: The Past, Present, and Future of the American Legal Profession. By Ray Brescia and a review of Canceling Lawyers: Case Studies of Accountability, Toleration, and Regret. By W. Bradley Wendel.
Teaching Telemachus: Learning To Live And Lead In A Flawed World, Sherman J. Clark
Teaching Telemachus: Learning To Live And Lead In A Flawed World, Sherman J. Clark
Michigan Law Review
A review of The Odyssey By Homer. Translated by Emily Wilson.
Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson
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 …
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
Seattle University Law Review
This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.
This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …