Other Law Commons^™

Spring 2022

The Weldon Times

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

Editors in Chief: Zainab Adejumobi, Tiffany Ward

Graphic Design & Layout: Alexandra Fox

Photography: Syameena Pullai

Unionizing In The Chambers Of Government, Louis Cholden-Brown

Richmond Public Interest Law Review

As overall union membership stagnates nationwide due to the contraction

of traditionally unionized industries, labor organizations have made historic

inroads into new, highly volatile employment sectors, including digital media,

tech, political campaigns, and the gig economy. One such sector that

has seen new life is state and local legislative employees. Excluded from coverage

by the National Labor Relations Act, legislative employees have been

subject to disparate labor rights, job protections, and terms and conditions

of employment across and within states. While efforts to secure collective

bargaining rights for this sector have occurred over the past twenty-five

years, the simultaneous yet …

Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough

Qualitative Criminology (QC)

While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …

“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov

Qualitative Criminology (QC)

While an increasing number of researchers, non-profit organizations, and law enforcement agencies have expressed growing concern about the relationship between involuntary celibates (i.e., incels) and violence, no research to date has examined the potential for suicide and self-harm among men who call themselves incels. This study examines suicide posts shared to incel sub-Reddits that were collected by u/IncelGraveyard (N=80). The posts reveal that the notes discuss six subordinate themes, including the method of their planned attempt, the ways they used the internet, the online incel community, failed alternatives and coping, the effects of their suicide on others, and the afterlife. …

Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli

Qualitative Criminology (QC)

The current ethnographic study reflects my participation in elements of the three stages of the correctional officer training program (CTP) offered by the Correctional Service of Canada (CSC). Unpacking my experience, I use Van Maanen and Schein (1977) theory of organizational socialization to analyze the formal and informal socialization processes inherent to the structure of the training academy. Thematic reflection on informal socialization processes reveal that the pressures tied to module content and testing reinforce values welcomed by CSC, such as organizational commitment, before the recruit’s arrival at the academy. Moreover, at the academy, where the emphasis remains on organizational …

Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh

Qualitative Criminology (QC)

Sex offense registration and notification (SORN) policies can contribute to stigma and negative consequences for partners of registered individuals. The present study utilized a self-report questionnaire to ask these partners what they would say to policymakers if given the opportunity. A thematic analysis of the responses revealed three themes which highlight the distinct issues related to registries, describe direct consequences experienced by the partners, and propose changes to existing policy. This study provides valuable insight into the experiences of a hard-to-reach population and can help generate critical discussion around the sweeping impacts SORN policies have on individuals they were not …

Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford

Qualitative Criminology (QC)

The significance of social supports throughout an individual’s life-course has been widely documented. However, there is ambiguity about whether social supports are likely to encourage or discourage reoffending. The current study qualitatively examines the kinds of support offered to a sample of probationers and parolees by their social support networks through a thematic analysis of transcripts gained from semi-structured interviews with 15 clients and 16 of their “PoPPs” (parents/partners/peers of probationers and parolees). Results indicate that there are several forms of support provided by correctional clients’ loved ones. These forms of support were well-received by the clients who considered them …

Jacquelyn L. Bridgeman Interview; Oral History Project, Jacquelyn L. Bridgeman, Cristina E. Salazar, Shelby Nivitanont

Wyoming Oral History

Jacquelyn L. Bridgeman, Kepler Professor of Law, Director of School of Culture, Gender & Social Justice.

In this oral history, Professor Bridgeman discuses what it was like to grow up in Laramie, WY, her experience as a woman of color in the legal career field, and her accomplishments as a lawyer, law professor, and magistrate. Professor Bridgeman touches on stories from when President Obama was her professor at University of Chicago Law School, insights into current events in the Wyoming Legislature, and her perspective on diversity recruitment.

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 …