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E-Museletter: March 2022, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Library Renovations: We Want Your Feedback!

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Lunch Lecture | Matthew Block '13: The Anatomy Of A Private Equity Fund, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

February 15, 2022

Lunch Lecture | Working As In-House Counsel, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

February 1, 2022

E-Museletter: February 2022, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Materials Update

Things to Consider

Student Services Corner

It’S About Lyme: Why Congress Must Enact Medical Insurance Coverage Laws For Lyme Disease Patients Now, Jennifer Barrett

Seattle University Law Review Online

The Centers for Disease Control and Prevention (CDC) estimates approximately 476,000 people are diagnosed with Lyme disease in the United States each year. While many will recover with a short course of antibiotics, up to 35% will suffer from persistent symptoms after initial treatment. Despite scientific evidence showing the infection can persist long after initial treatment, most insurance companies restrict access to treatment beyond twenty-eight days, leaving patients to bear much of the financial burden. To limit crippling out-of-pocket expenses, Congress must enact legislation mandating coverage for the treatment of clinically diagnosed Lyme disease and co-infections based on the International …

Indigenous Legal Orders In Canada - A Literature Review (Updated To August 2022), Michael Coyle

Law Publications

This is a literature review of publications concerning Indigenous legal orders in Canada, funded by a SSHRC knowledge synthesis grant. This is an update to my 2017 report of the same name.

The suppression of Indigenous legal orders was an integral part of the colonial project to assimilate Indigenous peoples, a project exemplified by Canada’s now notorious experiment with Indian Residential Schools. Long marginalized by the Canadian state, the importance of Aboriginal peoples’ own legal systems has recently been recognized by the Supreme Court of Canada, by academics (including prominent Indigenous scholars) and the Truth and Reconciliation Commission, who all …

Part 4: Virginia's Lawyers Confront Tougher Times, Dragas Center For Economic Analysis And Policy, Old Dominion University

State of the Commonwealth Reports

While movies and television shows portray lawyers as members of high society, with expensive cars and tastes, the reality is grittier. In 2021, more than 90% of law students took out a loan to enable them to pay their costs, and the typical law school graduate owed $165,000 in loans. The crucial point of this report, however, is that significant proportions of law school graduates are destined to be disappointed if they pursue a career in law believing they will earn lots of money. In this chapter, we explore the supply of lawyers in Virginia and whether we are producing …

Towards A Dramaturgical Theory Of Constitutional Interpretation, Jessica Rizzo

Seattle University Law Review

Like legal texts, dramatic texts have a public function and public responsibilities not shared by texts written to be appreciated in solitude. For this reason, the interpretation of dramatic texts offers a variety of useful templates for the interpretation of legal texts. In this Article, I elaborate on Jack Balkin and Sanford Levinson’s neglected account of law as performance. I begin with Balkin and Levinson’s observation that both legal and dramatic interpreters are charged with persuading audiences that their readings of texts are “authoritative,” analyzing the relationship between legal and theatrical authority and tradition. I then offer my own theory …

Democracy At Risk: Domestic Terrorism And Attack On The U.S. Capitol, Lawrence J. Trautman

Seattle University Law Review

The year 2022 begins with democracy hanging in the balance. On February 13, 2021, Donald John Trump becomes the only American president to be impeached and acquitted twice. His acquittal for the second time follows a violent mob, having been incited by the lame-duck president, into marching down Pennsylvania Avenue to break into and vandalize the Capitol Building. It is now known that at least 138 law enforcement officers suffered from or received burns, concussions, rib fractures, heart attack—and at least five deaths are attributed to this insurrection. More than 725 individuals are subsequently charged for their role in this …

Sharenting Is Here To Stay, So Now What?, Anonymous Author

Seattle University Law Review

This Note explores the concept of sharenting, its real-world consequences, and the daunting task of creating a workable solution. Part I of this Note provides a broad overview of sharenting and its implications. Part II describes the current state of the law and why sharenting remains a difficult issue to address. Part III discusses four legal frameworks posed by legal scholars to combat sharenting: anti-bullying, privacy, erasure, and child labor laws—and, ultimately, why each fails to offer an airtight solution. Part IV offers an alternative solution: the regulation of data brokers and outlawing advertisement-based social media platforms to protect children’s …

Regulating Fraud On The Marketplace Of Ideas: Federal Securities Law As A Model For Constitutionally Permissible Social Media Regulation, Michael M. Epstein

Seattle University Law Review

This article begins with an introduction discussing speech falsity and the duty under U.S. law by comparing commercial and noncommercial speech. Part I explores the problem of online disinformation. Part II addresses online disinformation in a non-commercial context. Part III contains three subsections assesses non-transactional commercial speech as a basis for non-commercial disinformation regulation. Part IV advocates for a fiduciary duty to fashion a remedy. Part V of this article concludes by suggesting a possible solution for creating a online disinformation law that could survive the First Amendment.

Defining And Demystifying Automated Decision Systems, Rashida Richardson

Maryland Law Review

No abstract provided.

How Public Pension Plans Have Shaped Private Equity, William W. Clayton

Maryland Law Review

No abstract provided.

“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp

Seattle University Law Review

This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …

Post-Pandemic Estate Planning: Analyzing The Recent Changes In Remote Notarization Laws, Matthew Fiedler

Seattle University Law Review

This Note explores estate planning in the post-pandemic landscape. Part I of this Note discusses how the resistance to remote technology in estate planning is rooted in traditional notions of formalism. Part II introduces a discussion regarding the use of remote technology, including its benefits and drawbacks. Part III articulates the current legal requirements to validly notarize signatures on various estate planning documents in Washington state. This part also discusses the extent of electronic or remote notarization allowed in the wake of emergency orders issued by Washington State Governor Jay Inslee in response to the spread of COVID-19. Additionally, Part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Foreword, Seattle University Law Review

Seattle University Law Review

Foreward

Keynote Address, Justin Hansford

Seattle University Law Review

Keynote Address by Justin Hansford

Putting The Bar Exam On Constitutional Notice: Cut Scores, Race & Ethnicity, And The Public Good, Scott Johns

Seattle University Law Review

Nothing to see here. Season in and season out, bar examiners, experts, supreme courts, and bar associations seem nonplussed, trapped by what they see as the facts, namely, that the bar exam has no possible weaknesses, at least when it comes to alternative licensure mechanisms, that the bar exam is not to blame for disparate racial impacts that spring from administration of this ritualistic process, and that there are no viable alternatives in the harsh cold world of determining minimal competency for the noble purpose of protecting the public from legal harms. All a lie, of course.

But rather than …

Cannabis Receiverships: The Alternative For State Legal Cannabis Businesses Seeking Financial Rehabilitation Locked Out Of Bankruptcy Court By The Controlled Substances Act, Ryan C. Griffith

Seattle University Law Review

This article explores how cannabis businesses suffer by being unable to utilize federal bankruptcy and explore state law receiverships as an alternative remedy to help cannabis businesses weather financial storms.

Part I explores the limitations and differences between a receivership and a bankruptcy. Part II discusses how state legal cannabis companies cannot seek financial rehabilitation in bankruptcy court due to cannabis being listed as a schedule I drug federally. Part III explores how receivership be used to help cannabis companies that cannot seek bankruptcy protection to financially rehabilitate themselves. Part IV details how a receiver can help a cannabis company …

The United States Is Enabling An Outer Space Arms Race: An Overview Of The Current Framework And Recommendations For Abating An Outer Space Arms Race, Valerie Shmigol

Seattle University Law Review

This Note explores the possibility of future armed outer space conflict as global powers create and test counterspace weapons. Part I of this Note overviews current space security threats, focusing on China, Russia, Iran, and North Korea’s capabilities. Part II provides a primer on international agreements governing outer space. The 1967 Outer Space Treaty serves as the legal framework for outer space activities; however, it is woefully inadequate in addressing escalating tensions. Finally, Part III provides recommendations and advocates for the United States to revise its position, which seeks voluntary “transparency and confidence building measures.”

Cross-Cultural Communication In A Crisis: The Universality Of Visual Narrative In The Covid-19 Pandemic, Michael D. Murray

Law Faculty Scholarly Articles

A primary goal of twenty-first century legal works is to communicate the law effectively to diverse audiences. Many of the most needful and most vulnerable audiences for legal information have members who lack basic literacy skills and suffer linguistic and cultural confusion from verbal textual media—namely, the printed word. Yet for centuries, legal rules and government restrictions have been communicated nearly exclusively through the printed word. Recent scholarship in visual legal rhetoric, visual literacy studies, and visual cultural studies is informed by cognitive psychology and neuroscience that all points to a solution: visual communication of the law. Visual communication is …

The Stubborn Survival Of The Central Hudson Test For Commercial Speech, Nat Stern

Seattle University Law Review

This Article examines the persistence of the Central Hudson standard in the face of multiple challenges as well as larger implications of its survival. Part I provides a brief overview of the Court’s commercial speech doctrine and the spectrum of criticism of Central Hudson for its allegedly excessive or inadequate protection of expression. Part II surveys a series of developments, especially in the last decade, that threaten to supersede Central Hudson’s “intermediate” standard of scrutiny for commercial speech restrictions. In response, Part III explains how none of these phenomena have resulted in the abandonment of the Central Hudson regime. …

Table Of Contents

Seattle University Law Review

Table of Contents

Skating Past Liability Under The Tcpa: Robocalls And Unsolicited Texts And E-Mails, Julissa R. Rachor

Seattle University Law Review

This Note argues that the applicability of Telephone Consumer Protection Act's (TCPA) autodialer provision should be interpreted broadly to include calls made on many types of dialing equipment.

Part I of this Note offers a brief history of the TCPA and autodialers. Part II examines the FCC’s Orders that interpret the TCPA’s autodialer provision, and Part III assesses the varying interpretations of the provision by the circuit courts. Part IV reviews the general facts and procedural history of Duguid, and the Court’s interpretation of the autodialers provision. Last, Part V examines current efforts offered by Congress and potential next …

E-Museletter: January 2022, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Let’S Talk About Grading, Maybe: Using Transparency About The Grading Process To Aid In Student Learning, Deshun Harris

Seattle University Law Review

Talking about grades and grading in law school can feel as taboo, if not more, than talking about sex. Among law faculty, there is often no training and no discussions about how to grade other than being asked to moderate final grades to meet a curve. Students often seek information from each other or online sources where numerous blogs provide them with advice on how to talk to professors about grades, how not to disclose grades to others, and other advice about dealing with grades. What is not as forthcoming for many students is how exactly their professors evaluate their …

Creativity For The Common Good: The Case For Fair Use Of Prosthetics Patents, Roxanneh Mousavi

Seattle University Law Review

This Note examines how patent law inhibits accessibility to prosthetics, and how a fair use defense for patent infringement will make them more widely accessible. Part I will explain the basics of patent law, including its history, scope, and process of infringement. Part II will discuss the fair use defense against copyright and trademark infringement and explain why this defense should also be enforceable for patent infringement. Part III will provide an overview of 3D printing. Part IV will focus on 3D prosthetics, specifically on the story of two young prosthetic recipients, Griffin Matuszek and Evie Lambert. Finally, Part V …

Access To A.I. Justice: Avoiding An Inequitable Two-Tiered System Of Legal Services, Drew Simshaw

Scholarly Works

Artificial intelligence (AI) has been heralded for its potential to help close the access to justice gap. It can increase efficiencies, democratize access to legal information, and help consumers solve their own legal problems or connect them with licensed professionals who can. But some fear that increased reliance on AI will lead to one or more two-tiered systems: the poor might be stuck with inferior AI-driven assistance; only expensive law firms might be able to effectively harness legal AI; or, AI's impact might not disrupt the status quo where only some can afford any type of legal assistance. The realization …

Mysterious Ways, Lawrence M. Friedman

FIU Law Review

The “mystery” or “detective” novel originated in the first half of the 19th century, and quickly became extremely popular. Its origins betray changes in English and American society—the same changes that led to innovations in criminal justice, especially the creation of detective squads in the big cities. The goal of the detective was to expose secret crime—crimes committed by confidence men, and others who worked in the shadows. Thousands and thousands of detective novels have been written; they are extremely varied; but they tend to share one common trait: they turn on the problem of hidden personal identities, which the …