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Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

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 …

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: …

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

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 …

Postcolonial Private Law, Debadatta Bose

Brooklyn Law Review

This Article provides the missing normative foundation by linking dynamic due process and rigorous rational basis to deliberative democracy. Rigorous rational basis, in essence, requires that majorities offer what deliberative democracy calls publicly accessible reasons—those capable of engaging fellow citizens across lines of difference—for restrictions on liberties. Courts, from this perspective, legitimately referee inevitable democratic conflicts in our pluralistic society. A Court that helps restore reasoned and productive politics cannot come soon enough.

Paediatricians' Liability To Patients' Parents For Negligent Genetic Testing, Anthony Sangiuliano

Osgoode Hall Law Journal

The Ontario Superior Court of Justice has recently held that a paediatrician might owe a duty of care to a patient’s parents when performing genetic testing on the patient and communicating test results to the parents. The parents may be able to claim damages against the paediatrician for breach of this duty if, in reliance on a miscommunication about the test results, they conceive a subsequent child who is later born with a disability. I call the tort alleged by the parents in these circumstances a subspecies of “paediatric triangular torts.” In this article, I demonstrate the conceptual feasibility of …

Civil Liability Of A Parent Company For The Unlawful Acts Of Its Subsidiary: An Analysis Of The Piercing The Corporate Veil Doctrine In Indonesian Court Decisions, Giovan Ryan Kevin Barus, Togi M.P. Pangaribuan

Lex Patrimonium

This research examines the civil liability of a parent company for unlawful acts committed by its subsidiary within a corporate group structure in Indonesia, with particular emphasis on the application of the single economic entity and piercing the corporate veil doctrines. This research adopts a doctrinal legal research method with a descriptive-analytical approach, relying on statutory analysis, legal doctrines, and case studies, namely Supreme Court Decision Number 89 PK/Pdt/2010 and Serang District Court Decision Number 30/Pdt.G/2022/PN Srg. The findings demonstrate that although the principles of separate legal personality and limited liability remain fundamental under Indonesian company law, courts may, in …

Standar Ganti Rugi Materil Dalam Kasus Perbuatan Melawan Hukum Pada Hewan Di Indonesia Berdasarkan Kasus Blackout Pln Pada Putusan Pengadilan Negeri Nomor 09/Pdt.G.S/2019/Pn Jkt Slt, Nathania Debora Siagian, Rosa Agustina

Lex Patrimonium

This study examines the standard of material compensation for pet deaths due to unlawful acts in Indonesian law, using a case study of District Court Decision No. 09/PDT.G.S/2019/PN JKT Sel, which rejected a claim for the death of four koi fish due to a power outage by PLN. Through doctrinal legal research with case and comparative law approaches, this study finds that Indonesian law still categorizes animals as movable objects, limiting compensation to provable economic loss, without considering emotional value. The court ruled that the power outage was not an unlawful act due to lack of fault, thus limiting PLN’s …

Perbuatan Melawan Hukum Penanggung Akibat Pembatalan Sepihak Perjanjian Asuransi Jiwa: Studi Putusan-Putusan Pengadilan, Chelsea Putri Kezia Aruan, Togi Marolop Pradana Pangaribuan

Lex Patrimonium

Life insurance contracts are reciprocal agreements based on the principle of utmost good faith, binding insurers and insured parties to perform their contractual obligations. In practice, insurers often unilaterally cancel life insurance policies, particularly at the claim stage, causing legal uncertainty and financial loss to policyholders or beneficiaries. This study aims to examine whether unilateral cancellation of life insurance contracts by insurers constitutes an unlawful act under Indonesian civil law and to analyze judicial considerations in resolving such disputes. This research employs a normative juridical method using statutory, conceptual, and case approaches through the analysis of legislation, legal doctrines, and …

Pengaturan Itikad Baik Dalam Penggunaan Bahasa Asing Pada Perjanjian Dengan Pihak Indonesia, Thesalonika Zipora Manurung

Lex Patrimonium

This research analyzes the application of the principle of good faith in foreign-language agreements involving Indonesian parties following the issuance of Supreme Court Circular Letter Number 3 of 2023. The study focuses on the role of good faith, as stipulated in Article 1338 paragraph (3) of the Indonesian Civil Code, as a standard for assessing the validity and performance of contracts amid the mandatory use of the Indonesian language under Law Number 24 of 2009. This research employs a normative juridical method using statutory, conceptual, and case-based approaches. The findings demonstrate that Supreme Court Circular Letter Number 3 of 2023 …

Studi Kasus Penetapan Nomor 234/Pdt.P/2025/Pn Ptk Mengenai Pengakuan Anak Oleh Ibu Setelah Ayah Dari Anak Meninggal Dunia, Rahma Qyrana Suherto, Endah Hartati

Lex Patrimonium

The legal status of children born out of wedlock constitutes a significant issue in Indonesian family law. In Indonesia, the recognition of children is regulated through various statutory provisions, including the Civil Code, the Marriage Law, and regulations in the field of population administration, which collectively govern the requirements, procedures, and legal consequences of the recognition of children born out of wedlock. The legal issues examined in this study focus on two main aspects: first, whether the prevailing laws and regulations in Indonesia concerning the recognition of children have adequately accommodated the best interests of the child; and second, whether …

Analisis Perbuatan Melawan Hukum Oleh Direksi Dalam Pengelolaan Keuangan Perseroan Berdasarkan Prinsip Business Judgment Rule (Studi Putusan No. 915 K/Pdt/2017)*, Reynaldi Aditama Rizki

Lex Patrimonium

The Board of Directors, as a corporate organ, holds full authority and responsibility for

the management and administration of the company’s business activities, including the

management of corporate finances; therefore, every policy decision taken may give rise

to legal consequences if it causes losses to the company or other parties. Corporate law

recognizes the Business Judgment Rule as a form of legal protection for Directors with

respect to business decisions made in good faith, with due care, and based on adequate

information; however, this principle is not absolute and cannot be invoked to justify

unlawful conduct. This research aims to …

Penguasaan Tanpa Dasar Hak Atas Bangunan Milik Orang Lain Sebagai Bentuk Perbuatan Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 651 K/Pdt/2020), Helena Ginting, Abdul Salam

Lex Patrimonium

Disputes over the possession of buildings often originate from preliminary sale and purchase agreements that fail to result in a lawful transfer of rights. Legal issues arise when a down payment sale agreement is declared null and void due to the buyer’s failure to fulfill payment obligations, while physical possession of the seller’s property is continuously maintained without a valid legal basis. This article aims to analyze the legal standing of down payment sale agreements in relation to the transfer of rights over land and buildings, the status of possession following the nullification of the agreement, and the legal qualification …

Perlindungan Pembeli Yang Beritikad Baik Dalam Transaksi Jual Beli Tanah Namun Dinyatakan Wanprestasi: Putusan Mahkamah Agung Nomor 524 B/Pdt.Sus-Arbt/2024, Yosita Dea Suwanto, Togi Marolop Pradana Pangaribuan

Lex Patrimonium

This study examines whether PT Adhi Persada Properti (PT APP) qualifies as a good-faith purchaser under a Land Sale and Purchase Binding Agreement (Perjanjian Pengikatan Jual Beli/PPJB) and is therefore entitled to legal protection in a dispute culminating in Indonesian Supreme Court Decision No. 524 B/Pdt.Sus-Arbt/2024. The study employs a normative juridical method, applying statutory, conceptual/doctrinal, and case-based approaches through an analysis of BANI Surabaya Arbitration Award No. 64/ARB/BANI-SBY/II/2023, Bekasi District Court Decision No. 531/Pdt.Sus-Arb/2023/PN Bks, and Supreme Court Decision No. 524 B/Pdt.Sus-Arbt/2024. The study finds that a PPJB establishes an obligational relationship; accordingly, PT APP is positioned as a …

Tinjauan Hukum Tentang Penerapan Bunga Moratorium Dalam Kasus Pelanggaran Perjanjian Jual Beli (Studi Kasus Putusan Nomor 56/Pdt.G/2024/Pn Byl), Sayidatina Kheista Abigail Arifin, Akhmad Budi Cahyono

Lex Patrimonium

The legal definition of a contract is a legal act whereby two or more parties bind themselves, originating from Article 1313 KUHPerdata In civil law, there are many classifications of contracts which must satisfy four essential conditions for validity: capacity, consent, a specific subject matter, and a lawful cause. When a contract is breached by one of the parties, it is termed breach of contract. It is categorized into three types: total non-performance of the agreement, improper performance of what was promised, or late performance by the debtor. In cases where a party is harmed by the default, that party …

Perbuatan Melawan Hukum Dan Hilangnya Hak Kepemilikan Atas Tanah:Studi Putusan No.712/Pdt.G/2022/Pn.Tng, Muhammad Haikal Keitaro Akuan

Lex Patrimonium

This paper provides an explanation and analysis related to the concept of unlawful acts in civil law as found in Article 1365 of the Civil Code, and existing doctrines and jurisprudence, especially related to the application carried out by the judge in decision number 712/Pdt.G/2022/PN/Tng. This paper was compiled using a doctrinal research method. In the concept of unlawful acts in civil law which is based on Article 1365 of the Civil Code. In practice, especially in decision number 712/Pdt.G/2022/PN/Tng, it turns out that the judge applies the elements of the unlawful act implicitly. In unlawful acts there is also …

Pragmatic Conceptualism, Public Nuisance, And The American Opioid Litigation, Benjamin C. Zipursky

Washington and Lee Law Review

Public nuisance as a part of American tort law has been as high profile in the first decades of this century as products liability law was in the last several decades of the twentieth century. The American opioid litigation over the past decades is a spectacular example, filling headlines and generating billions of dollars of settlements. There is a plausible argument, however, that the doctrinal core of the opioid litigation is meritless because there simply is no “interference with public right” as required by public nuisance law. The first aim of this Article is to articulate and assess that argument. …

Aligning Artificial Intelligence To The Law, Jack Boeglin

Villanova Law Review (1956 - )

No abstract provided.

Compensation Des Créances Connexes, Ibrahim Fadlallah

Proche-Orient, Études juridiques

No abstract provided.

Rbr Management, Llc V. Eighth Judicial District Court [State Of Nevada], 142 Nev., Adv. Op. 44 (June 18, 2026), Erika Loveland

Nevada Supreme Court Summaries

Emergency medical service providers and ambulances are not "provider[s] of health care" under NRS 41A.017, so claims against them are not professional negligence claims and require no expert affidavit.

Table Of Contents

Seattle University Law Review

Table of Contents

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

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

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

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

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 …

Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …