Other Law Commons^™

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

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 …

Interest Rates, Venture Capital, & Financial Stability, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

As central banks tightened interest rates during 2022 and 2023, important debates arose regarding the relationship between monetary policy and financial stability. This Article illuminates one path through which the prolonged period of accommodative monetary policy from 2009-2021 impacted financial stability: it traces how easy money and yield-seeking behavior in the wake of the Global Financial Crisis and COVID-19 pandemic led to a bubble in the venture capital industry, which in turn spawned a crypto bubble as well as a run on the VC-favored Silicon Valley Bank. This Article uses this account to illustrate the importance of proactive financial regulation …

Fairer Public Benefit In Copyright Law, Amanda Levendowski Tepski

Georgetown Law Faculty Publications and Other Works

In 1966, a court considered expressly whether a secondary use of copyrighted works served a public benefit. While public benefit has become a subfactor of the fair use doctrine, it remains undefined, uncodified, and undertheorized. Courts often invoked public benefit in pivotal cases involving novel technologies, from home video recorders to digital libraries to algorithms--but they did not need to. After the recent Supreme Court decision in Google v. Oracle, however, public benefit is unavoidable: The Court stated that “we must take into account the public benefits the copying will likely produce.” A qualitative analysis of key public benefit cases …

Richmond Law Magazine: Autumn 2025

Richmond Law Magazine

Danielle Stokes and the energy discussion

Beyond the page

The mentorship web

Fall 2025: Antimatter

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Kimberly Gilson, Carleigh MacKenzie

Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa Pancaputri

Indonesian Notary

State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …

#Falseflag: Exploring Themes In Conspiracy Theory Tweets Regarding The Robb Elementary School Active Shooter Event, Madison K. Doyle, Carolyn Willis

Qualitative Criminology (QC)

"Little is known about the content of conspiratorial posts on social media, specifically regarding active shooter events. This study explores the content of conspiracy theory tweets during the six months following the active shooter event at Robb Elementary School in Uvalde, Texas. 194 tweets were analyzed. The analysis resulted in two main themes: False Flag and Hypothesized Reasoning. These themes represent the similarities and variations in content among the tweets. In line with research suggesting that people are most vulnerable to conspiratorial thinking when trying to explain unusual and unsettling events, results indicate that many posts were attempting to provide …

“Oh, Are You Gay?”: An Exploration Of Lgbtq+ Students’ Lived Experiences With Microaggressions And Finding Safety On A University Campus, Christina Policastro, Courtney Crittenden, Jadon Clark, Rileigh Arrington

Qualitative Criminology (QC)

"Studies demonstrate that LGBTQ+ college students experience explicit and covert discrimination with research documenting various microaggressions reported by university students whose gender and/or sex identities are minoritized. Building off existing models of LGBTQ microaggressions, the current study adds to this literature by utilizing focus groups to explore campus safety perceptions among a sample of U.S. undergraduate students who identify as LGBTQ+. Findings highlight the diverse microaggressions experienced by students at the interpersonal and environmental level. Moreover, the results displayed the mechanisms students employed to avoid or disengage from situations where microaggressions may be encountered, as well as underscored ways in …

Are Cyber-Investigators Resilient In The Face Of Adversity? An Inductive Qualitative Analysis Exploring Investigators’ Perceptions Regarding The Challenges And Successes In Online Crime Police Investigations, Julien Chopin, Camille Faubert, David Décary-Hétu, Benoît Dupont, Jerry Ratcliffe, Aili Malm

Qualitative Criminology (QC)

"Cybercrime investigations continue to pose a significant challenge for most law enforcement agencies. Specifically, these investigations present knowledge, legal, and forensic challenges that hinder police officers’ ability to successfully complete their tasks and develop a sense of well-being on the job. Studies have shown that in the face of such adversity, individuals exhibit a positive coping capacity known as the resilience process. In this research, we set out to improve our understanding of both the difficulties police officers face when investigating online crimes and their ability to cope by analyzing their perceptions of success. To do this, we conducted interviews …

Prosecution In The Eyes Of The Justice-Involved: A Community-Based Participatory Research Approach, Belén Lowrey-Kinberg

Qualitative Criminology (QC)

"Community based participatory research (CBPR) centers the voices of community members in the research process. Long used in the field of healthcare, criminal justice researchers have employed CBPR only in limited contexts, and never in the context of prosecution research. This paper reports on findings from a CBPR study that employed focus groups with justice-involved individuals to identify their perceptions of the pre-trial process, prosecutors’ priorities, and recommended directions for research. The findings from these focus groups were used as the basis for developing interview questions for prosecutors, which were subsequently implemented in two larger research projects examining prosecutor discretion. …

Communication Inhibitors: Dilemmas In Community Partnerships Amidst Mental Health Crises In Texas, Alessa Juarez, Kendra N. Bowen, Johnny Nhan

Qualitative Criminology (QC)

"Community partnerships between police departments, social services, and healthcare providers continue to struggle in various ways, with mental health crisis response remaining a primary yet fragmented service delivery. Using the nodal governance perspective, this paper provides qualitative insight into the existing communication and resource barriers between law enforcement personnel and social service providers in a large urban county in Texas. Four key themes are presented: staff and resource availability, continuity of care, staff personnel and characteristics, and communication efficiency. Policy implications are also discussed, with the study’s findings supporting the prioritization of building stronger communication between existing social service providers, …

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 …

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

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 …

Can We Train Bots To Negotiate Like Lawyers? And What Do We Learn About Bargaining As We Do?, Dwight Golann

Suffolk University Law School Faculty Works

Forthcoming in 79 Wash. U. J. of Law and Policy ____ (2025)

AI “bots” like ChatGPT can negotiate without training, but they are overly cooperative, making concessions that weaken their bargaining position—unlike skilled legal negotiators, who adapt their tactics to individual situations as well as what occurs in the process and move as needed between cooperative and competitive tactics.

The article explores how to train bots to “negotiate like lawyers” by giving them role instructions, knowledge about bargaining, and iterative practice, including step-by-step instructions to create a bargaining bot in ChatGPT.

The author notes that texts on negotiation, and his …

Is Nil Woke?, Tan T. Boston

Loyola of Los Angeles Law Review

NCAA football and men’s basketball cumulatively receive almost one hundred percent of intercollegiate name, image, and likeness (NIL) compensation. NIL exceptionalism, however, is not the only distinguishing factor for these two sports. They are also distinctively racially and economically diverse in comparison to the dozens of other NCAA sports. Thus, demographically, NIL produces outcomes that align with so-called ‘woke’ policies. Although almost all states support NIL, an increasing number actively oppose woke policies. In fact, anti-woke backlash served as the impetus for recent anti-woke legislation (AWL) that, for example, bars funding for diversity, equity, and inclusion initiatives in higher education. …

Cheating With The Fifth Amendment: Weaponizing The Fifth Amendment Privilege To Undermine Equitable Dissolution Of Marriages, Elizabeth I. Boals

Loyola of Los Angeles Law Review

Despite widespread adoption of no-fault divorce, many U.S. states still consider adultery in the allocation of alimony and property. In sixteen of those states, adultery remains a criminal offense—enabling spouses accused of infidelity to invoke the Fifth Amendment privilege against self-incrimination during divorce proceedings. This Article explores how such invocations obstruct discovery, delay litigation, and create strategic advantages for wealthier or culpable spouses, especially in fault-based or hybrid divorce regimes. After surveying the historical development of divorce law and the expansion of Fifth Amendment protections into civil contexts, the Article critiques current remedies—adverse inferences, implied waivers, and immunity—as ineffective or …

Summer 2025: Retrograde

The Weldon Times

A student-run publication from the Schulich School of Law at Dalhousie University.

Co-Editors in Chief: Kimberly Gilson, Carleigh MacKenzie

Graphics & Layout: Kimberly Gilson

Koeksistensi Hukum Adat Dan Hukum Negara Dalam Perlindungan Hutan Adat Di Desa Adat Tenganan Pegringsingan Karangasem Bali, Made Suwitra

Jurnal Hukum & Pembangunan

Tenganan Pegringsingan Traditional Village is one of the Traditional Villages classified as Bali Mula/Bali Aga/Bali Tua Traditional Village in Karangasem Regency and the only traditional village that controls customary forests as village customs. Since 2019, with the issuance of the Decree of the Minister of Environment and Forestry of the Republic of Indonesia No. 1546/MENLHK-PSKL/PKTHA/KUM.1/2/2019, it has emphasized the recognition and respect for the right to manage and utilize customary forests, both as a production function and as a protection function. So the existence of Customary Villages as a legal entity in the management and utilization of village customary customs …