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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 …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Civilian Enforcers, Karen Pita Loor

Faculty Scholarship

This Article analyzes the largely unexplored phenomenon of militant civilians engaged in efforts to police and silence activism that challenges entrenched American power systems and economic distributions placing whites atop the social hierarchy in the United States. I argue that this civilian enforcement is an unregulated vessel for state-sponsored violence meant to silence the contestation of the existing racial hierarchy. While scholars, myself included, have written about the many ways police confront and silence racial justice activists on the streets at least since the beginning of the Black Lives Matter (BLM) movement, the role law enforcement plays in silencing racial …

The Indian Fourth Branch: Developing A New Institutional Morality, Abhinav Ravi

National Law School Journal

Contemporary discourse on democratic decline in India has often emphasised the need for stronger fourth branch institutions to safeguard constitutional democracy. However, fourth branch institutions are marked by a fundamental tension. They are deeply embedded in the very political contexts that they are designed to resist. The operational independence of fourth branch institutions is not merely a function of their design (that is, their structural independence), but also of the political climate, institutional leaders, and informal organisational factors.

Similar design features can produce divergent outcomes across time and contexts, with institutions displaying distinct phases of assertiveness and accommodation. While institutional …

Leveraging The Convention Against Torture: Opportunities For U.S. Migrants Within International Human Rights Frameworks, Margaret Burnetti

DePaul Journal for Social Justice

No abstract provided.

Voting As A Crime Prevention Strategy, Joseph R. Dole

DePaul Journal for Social Justice

No abstract provided.

The Dobbs Decision: The Unraveling Of Christian Theocracy In The United States Legislation, Breeha Azhar Shah

DePaul Journal for Social Justice

No abstract provided.

Letter From The Board, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Editorial Board

DePaul Journal for Social Justice

No abstract provided.

Beyond Statutory Loopholes, Qualified Immunity, And Internal Investigations: A Comparative Analysis Of Police Accountability In The United States And The United Kingdom, Kevyn Mcconlogue

Brooklyn Journal of International Law

While the landscape of policing in the United States and United Kingdom appear different today, their shared roots of enslavement and racism fostered a culture of impunity for police officers in both countries. With community skepticism and public discontent with law enforcement continuing to rise in the United States, the investigative and procedural roadblocks in the way of holding police officers accountable for misconduct must come to an end. In an effort to facilitate conversations about progressive police reform and eventual abolition, this Note compares the modern American and British police accountability systems and the avenues through which victims of …

Copyright, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

About The Journal, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

Table Of Contents, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

The History And Modern-Day Reality Of Racial Discrimination In Jury Selection, Marie Andelique Aviles

Florida Atlantic University Undergraduate Law Journal

The role that a prosecutor and attorneys have in the courtroom is vital in shaping the composition of a jury in any court case. Prosecutors and attorneys employ strategies during the Voir Dire process to maximize their chances of securing favorable outcomes. Upon examining how juries are selected, jury pools can be studied from historical and modernday cases that show trends of racial discrimination. The methods and decision-making process to select a jury can involve racial biases that ultimately affect the outcome of the court decision. Through case studies and legal documentation, this article will explore how implicit racial bias …

Trump V. United States In Historical Perspective: The Expansion Of Presidential Immunity, Kris Barrios

Florida Atlantic University Undergraduate Law Journal

On July 1st of 2024, the U.S. Supreme Court ruled that the president of the United States is entitled to varying degrees of immunity for his official acts. This decision sent criminal lawsuits filed against President Donald Trump back to lower courts, nullifying many of the arguments and evidence used against the president for his interference in the 2020 election. The U.S. Supreme Court held that absolute immunity protects the president’s exercise of “core constitutional powers,” while presumptive immunity protects all other official acts within the “outer periphery” of his executive office. Most notably, the U.S. Supreme Court ruled that …

Brazil And The United States: The Historical Evolution Of Civil Vs. Common Law Systems, Gabriella Figueiredo Borges

Florida Atlantic University Undergraduate Law Journal

The legal systems of Brazil and the United States have developed from unique historical and cultural backgrounds. Brazil’s legal framework is rooted in civil law principles brought by its Portuguese colonizers, focusing on codification and legal certainty. In comparison, the U.S. system emerged from English common law, prioritizing precedent and judicial interpretation. This paper explores how colonial influences, independence movements, and constitutional reforms specifically shaped the civil and common law frameworks in both countries. By drawing on primary legal texts, historical records, and scholarly analyses, this research examines how these events influenced the evolution of each system. Additionally, this paper …

Vaccination Mandates And Civil Liberties, Sophia Choti

Florida Atlantic University Undergraduate Law Journal

Vaccination mandates in the United States sit at the crossroads of public health and individual freedoms, a complex and often controversial intersection. The enforcement of immunization policies has a long history of legal and ethical scrutiny, balancing the state's responsibility to protect its citizens with the constitutional rights individuals hold dear. The COVID-19 pandemic reignited this debate, amplifying existing tensions and presenting new challenges. This analysis argues that while vaccination mandates are constitutionally valid and essential for safeguarding public health, they must be designed with care to respect individual liberties and address modern challenges such as misinformation, inequities, and public …

Systemic Barriers To Voting Rights For Minorities: Gerrymandering And Voter Id Laws, Kalela Leonard

Florida Atlantic University Undergraduate Law Journal

Since 1870, the struggle for voting accessibility has been an ongoing challenge for marginalized communities in the United States. Despite the Voting Rights Act of 1965, systemic barriers limit minority participation in elections and influence their political representation. Modern systemic barriers refer to institutional practices and policies that hinder equal access to resources, rights, and opportunities. These barriers typically disproportionately impact minority groups. Furthermore, recent U.S. Supreme Court decisions and legislative policies have led to an examination of how modern obstacles—such as gerrymandering and voter identification laws—lead to discriminatory burdens on marginalized groups. These practices differ from tactics such as …

Examining The Legal And Educational Implications Of School Resource Officers In Education, Tanvi Desai

Florida Atlantic University Undergraduate Law Journal

Predominantly serving the youth in schools, some states across the United States have implemented full-time sworn law enforcement officers, known as School Resource Officers (SROs), who are specially and specifically trained to promote safety within schools. Succeeding an increase in concern surrounding the juvenile justice system and juvenile crime, funding for school-based law enforcement programs has increased in conjunction, allowing for over 45% of public schools in the country to have implemented SROs within their walls. However, concerns surrounding the excessive use of force surrounding SROs have instigated debates regarding the necessity of a police presence on campus, as instances …

Beyond The White Coat: The Fight For Equal Healthcare By Minorities, Morgan Robinson

Florida Atlantic University Undergraduate Law Journal

Systematic oppression through medical discrimination has left a high rate of death in the minority community, with Black women having 2.6 times the rate of maternal mortality than White women. Medical professionals ignore minorities at a higher rate than White people. People of Color have been used as testers for medical professionals and reap the generational trauma of it, such as subjects of the Tuskegee Syphilis experiment passing it to their children. Even more, doctors today are taught that Black people have a “higher pain tolerance than other races,” so their symptoms are often dismissed. Legal solutions must be implemented …

Tripping Over "Trips"; International Inequities In Critical Phamaceutical Access, Michael Gomez

Florida Atlantic University Undergraduate Law Journal

Directed by the World Trade Organization (WTO), the Agreement on Trade-Related Aspects of Intellectual Property Right (TRIPS) of 1995 is the most comprehensive international policy on the creation, protection, definition, and transfer of International Property Rights (IPR). This policy was particularly damaging for underdeveloped countries when it came to the trade and importation of name-brand drugs, as TRIPS inherently expedited the unethical process of evergreening drug patents. As a result, the agreement forced many vulnerable regions— such as the Southern African Development Community (SADC)— to become dangerously dependent on foreign generic drug imports, predominantly from India. This paper analyzes the …

Serial Killer Terminology And Its Effect On Criminal Trials, Alice Gnesin

Florida Atlantic University Undergraduate Law Journal

The terminology used during court proceedings plays a pivotal role in shaping the legal outcomes and sentencing for serial killers. This study examines how specific language, mainly terms such as "serial killer," impacts sentencing severity. By analyzing cases involving serial killers and the terminology used, there is a proven correlation between terminology and sentencing. For example, Ted Bundy (30 confirmed murders) and Jeffrey Dahmer (17 confirmed murders) were both investigated by Robert Ressler—who pioneered FBI profiling and coined the term "serial killer." The term was extensively used within their trials, impacting their sentencing. This can be compared to John Wayne …

Reexamining The Second Amendment: The Impact Of Police Militarization On Civilian Gun Ownership, Merin Ajith

Florida Atlantic University Undergraduate Law Journal

The increasing militarization of police forces in the United States contains profound implications on citizens’ Second Amendment rights, specifically concerning the ownership of weapons capable of mass violence. The original intent of the Second Amendment was not only to guarantee self-defense but also to safeguard citizens’ ability to resist a potentially tyrannical government. As police forces acquire military grade weaponry, some argue that civilians should have access to similar arms to maintain the balance of power between the state and its citizens, as outlined by the purpose of the Second Amendment. The historic use of violent police force to suppress …

Looking For The Public In Public Law, Nikhil Menezes, David E. Pozen

Faculty Scholarship

The “public” is everywhere and nowhere in contemporary public law. Everywhere, in that the term is constantly invoked to justify and explain existing arrangements. Nowhere, in that serious attempts to identify a relevant public and elicit its input are few and far between. Scholars and officials depict the U.S. public as playing myriad roles in governance — checking, guiding, approving, repudiating—without offering an account of how public preferences are formed or how they exercise influence on questions of interest.

This Article seeks to identify and call attention to the foundational dilemmas underlying this disconnect, to clarify their normative contours and …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Catholic University Law Review

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact of …

Law Of Rebuttable Presumptions In Maine, Curtis L. Bourdon

Maine Law Review

In Hinds v. John Hancock Mut. Life Ins. Co., the Maine Supreme Judicial Court sought to clarify and simplify the law of rebuttable presumptions as to the quantum of evidence that must be introduced before a presumption is dispelled. The Maine court adopted a rule which states that a presumption is rebutted when the probability of the nonexistence of the presumed fact is as probable as its existence. Stated another way, a presumption is rebutted when the jurors' minds are placed in equilibrium. Ten years later, in State v. O'Clair, the court expressly incorporated the Hinds rule into criminal procedure. …

Law Of Rebuttable Presumptions In Maine, Curtis L. Bourdon

Maine Law Review

In Hinds v. John Hancock Mut. Life Ins. Co., the Maine Supreme Judicial Court sought to clarify and simplify the law of rebuttable presumptions as to the quantum of evidence that must be introduced before a presumption is dispelled. The Maine court adopted a rule which states that a presumption is rebutted when the probability of the nonexistence of the presumed fact is as probable as its existence. Stated another way, a presumption is rebutted when the jurors' minds are placed in equilibrium. Ten years later, in State v. O'Clair, the court expressly incorporated the Hinds rule into criminal procedure. …

Cross-Appeals In Maine: Pitfalls For The Winning Litigant, Maine Law Review

Maine Law Review

The question of when a winning party must cross-appeal to challenge non-determinative findings in defense of a favorable judgment was answered for the first time in Maine in the recent case of Littlefield v. Littlefield. Noting a split of authority between the federal and state courts, the Maine Supreme Judicial Court unpredictably determined that an appellee must file a cross-appeal if he seeks to attack adverse findings which, if decided differently, would adequately support the judgment. In Littlefield, the court's objective was to provide notice to opposing parties. Recognizing that this end is a legitimate concern, the question here is …

No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice

Seattle University Law Review

By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …