Transnational Law Commons^™

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman

Seattle University Law Review

After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …

Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells

Seattle University Law Review

Adam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one …

On The Value Of History: A Review Of A.C. Pritchard & Robert B. Thompson’S A History Of Securities Law In The Supreme Court, Joel Seligman

Seattle University Law Review

A.C. Pritchard and Bob Thompson have written a splendid history of securities law decisions in the Supreme Court. Their book is exemplary because of its detailed use of the long unpublished papers of Supreme Court justices, including those of Harry Blackmun, William O. Douglas, Felix Frankfurter and Lewis F. Powell, primary sources which included correspondence with other Justices and law clerks as well as interviews with law clerks. The use of these primary sources recounted throughout the text and 67 pages of End Notes deepens our understanding of the intentions of the Justices and sharpens our understanding of the conflicts …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Seattle University Law Review

The information we gathered during 2021–2023 shows that critical faculty and other academic resources are present throughout most of U.S. legal academia. Counting only full-time faculty, our limited research identified 778 contacts in 200 schools equating to nearly four contacts on average per school. But no organized critical “core” had coalesced within legal academia or, more broadly, throughout higher education expressly dedicated to defending and advancing critical knowledge and its production up to now. And yet, as the 2021–2022 formation of the Critical (Legal) Collective (“CLC”) outlined below demonstrates, many academics sense or acknowledge the need for greater cohesion among …

Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman

Seattle University Law Review

The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …

Religious Freedom And Diversity Missions: Insights From Jesuit Law Deans, Anthony E. Varona, Michèle Alexandre, Michael J. Kaufman, Madeleine M. Landrieu

Seattle University Law Review

This Article is a transcript of a panel moderated by Anthony E. Varona, Dean of Seattle University School of Law. During the panel, Jesuit and religious law school deans discussed what law schools with religious missions have to add to the conversation around SFFA and the continuing role of affirmative action in higher education.

The Class Of Injuries Test: A Unifying Proposal To Determining Duty, Proximate Cause, And Superseding Cause In Negligence Claims, Judge Leonard J. Feldman, Julia Doherty

Seattle University Law Review

While there seems to be universal agreement that liability in tort cannot be unlimited, there is widespread disagreement regarding the various tests that courts utilize to limit such liability. We assume here that breach can be proven: the defendant failed to conduct themself in accordance with the salient standard of conduct (for example, failure to exercise reasonable care under all the circumstances). In the ensuing litigation, the court and jury are asked to decide several issues that each limit liability for negligence. Here, we focus on three oft-debated issues: duty, proximate cause, and superseding cause. The tests for each are …

Ai, New Technologies, And Corporate Governance: Three Phenomena, Martin Petrin

Seattle University Law Review

Artificial intelligence (AI) and other new technologies are increasingly influencing the operations, business models, and structures of companies. This Article focuses on three emerging phenomena that impact significant aspects of corporate governance and regulation: (1) perforation and blurring of firm boundaries through the ubiquitous use of externally provided AI services; (2) businesses engaging in strategic access and leveraging of critical resources held by third parties without owning them; and (3) the unusual hybrid role of online platforms between market facilitators and markets themselves. The Article explores how these phenomena challenge traditional views of firms as separate units, with technology leading …

A Meaningful Life: The Future Of Juvenile Justice In Washington After Anderson, Samuel Coren

Seattle University Law Review

Until 2022, Washington’s line of juvenile sentencing jurisprudence gave every indication of continuing along the course set by Miller v. Alabama, as Washington courts recognized that “children are different” and should not be subjected to the harshest punishments available in the criminal legal system. State v. Anderson marked a stark diversion from this course. In upholding the constitutionality of a de facto life sentence for a juvenile, the Washington Supreme Court all but rejected the well-established scientific consensus surrounding juvenile brain development and implicit racial bias. Whether this decision reflects a minor aberration or a broader trend in the court’s …

Reconciling Disjunct Cryptocurrency Securities Enforcement With Purchaser Expectations, Jacob E. Simmons

Seattle University Law Review

The Southern District of New York’s July 2023 decision in SEC v. Ripple Labs, Inc. has been touted as a monumental win for cryptocurrency purchasers and related businesses. The Ripple court held that, except institutional investor transactions, all sales of Ripple’s XRP token were not investment contracts, a class of security subject to federal securities law. The court’s ruling meant that Ripple could not be held liable for the unregistered trading of XRP beyond its sales to institutional investors. Ripple adds new insights to a pervasive policymaking dilemma addressed in this Note: is the Securities and Exchange Commission’s (SEC) regulatory …

A Blueprint To Reclaim Legal Education From External Rankers, Scott Rempell

Seattle University Law Review

The U.S. News & World Report (U.S. News) law school rankings have impacted the perceptions and behaviors of everyone in the rankings ecosystem for decades. Commentators have almost universally condemned these ordinal rankings, yet they continue to influence the legal education market, often in highly detrimental ways.

The influence of these rankings stems from legitimate market demands, for reasons that the psychology of choice literature makes clear. People want (or need) to efficiently acquire and digest information that could help them make consequential decisions. At a time when consumers of law school information did not have such choice-making assistance, U.S. …

Real-World Consequences For Online Actions: The Case For Expanding Employee Harassment Protection Via Employers’ Rights Of Action, Alexander Barnes

Seattle University Law Review

This Note argues for expanding employers’ access to legal remedies that allow them to recoup the costs of protecting their employees from swatting, doxing, and other online harassment arising from their employees’ professional activity. Part I provides a brief description and history of the online harassment problem and its potentially deadly dangers. Part II describes employers’ legal responsibility to take action to protect their employees from harassment aimed at their employees within the scope of their employment. Part III explores common legal remedies that are currently available to employers, using the state of Washington as an example. Part III also …

Foreseeability And Duty In Washington Negligence Law: Leaving The Road Less Traveled By, Leo Linder

Seattle University Law Review

Washington negligence law is a confusing labyrinth of foreseeability that not even Ariadne’s string could guide plaintiffs out of. Foreseeability is implicated in four distinct analyses, several of which overlap considerably. Doctrines that were once questions of law are now questions of fact, and vice versa. Something needs to change.

Washington has taken the novel approach of bifurcating the duty element into two parts—duty’s mere existence, which is a question of law for the court to determine; and duty’s scope, which is a question of fact handed off to the jury to determine. Foreseeability impacts both of these assessments, but …

Conference Proceedings - Symposium Insights And Implications: Advancing Regional Health Governance In The Inter-American System, Uchechukwu Ngwaba, A. M. Viens, Carlos Bernal, Karline Wilson-Mitchell, Michelle Amri, Jake Okechukwu Effoduh, Lisa Forman, Roojin Habibi, Mathieu Poirier, Oghenowede Eyawo, Sarah Fixon-Owoo, Innocent Ntaganira, Aeda Salim, Aminah Haghighi, Saumya Rai, Sandeep Kaur, Samrawit Kebreab, Sekinat Owoyemi, Kateryna Fomina

The Transnational Human Rights Review

This paper presents insights and implications from a two-day research symposium organized by the Regional Health Governance Study (RHGS) in 2024. The symposium examined how a regional approach to health governance within the Inter-American System, which comprises the Commission, the Court and the Pan-American Health Organization, can support the development of an equitable pandemic management system. It also examines the limitations of WHO-led pandemic response measures, identifies regional governance mechanisms, and offers policy recommendations to strengthen pandemic preparedness in the Americas. A qualitative thematic analysis using the Consolidated Framework for Implementation Research (CFIR) was employed to assess barriers, facilitators, and …

The Conflict Of Laws In The South China Sea And Its Threats To The Indo-Pacific Rules-Based Order, Rex Lien Doan

Loyola University Chicago Law Journal

History has warned the world of the grave consequences of territorial disputes between neighboring states. The turn of the early 2020s has been no different. As the war between Ukraine and Russia persists, the South China Sea territorial and maritime conflict is gradually reemerging after a lull. Despite an international arbitral tribunal ruling against China in 2016 (the Award), the situation in the South China Sea remains in a gridlock years later. Minimal progress has been made toward a lasting, peaceful resolution or a stable, rules-based regional order. The realization of any joint security agreement remains elusive, especially as China, …

Distinguished Welcome And Remarks, Michael P. Scharf, Hon. James Peterson, Consul General Colin Bird

Canada-United States Law Journal

No abstract provided.

Friday Luncheon Keynote, Hon. David Cohen

Canada-United States Law Journal

No abstract provided.

Closing Remarks, Chios Carmody

Canada-United States Law Journal

No abstract provided.

Recent Developments, New Tools, And Contemporary Challenges In U.S. Sanctions, Rachel Fredman Lyngaas, Michael Cass-Antony

Canada-United States Law Journal

No abstract provided.

Canadian Economic Sanctions And The Economic System, Stephen Burridge, Michael Milne, Jessica B. Horwitz

Canada-United States Law Journal

No abstract provided.

Canada's Withdrawal From Investor-State Arbitration In The Usmca: Implications And Alternative Dispute Reslution Mechanisms For Investors, Temitope Badejo

Canada-United States Law Journal

No abstract provided.

A Comparative Analysis Of Cannabis Legislation In The United States And Canada: Medical Exemptions, Recreational Use, The Future Of Cannabis Legalization, Ambertari Cape, Yousef Shaarawy, Nigel Chan, Cameron Stimac

Canada-United States Law Journal

No abstract provided.

Foreign Sovereign Immunity Doctrine: A Twail Perspective, Maryam Jamshidi

National Law School of India Review

As Prof. B.S. Chimni has shown, while the international law of state jurisdiction masquerades as a technical procedural rule, it has long served the capitalist and imperialist interests of Western States—a revelation that aligns with Third World Approaches to International Law (‘TWAIL’). It is no surprise then that the international law on foreign sovereign immunity—which is a subset of the law of state jurisdiction—has also furthered the capitalist interests of Western countries. This tendency is reflected in the United States’ Foreign Sovereign Immunities Act, 1976 (‘FSIA’), which is one of the most important domestic foreign sovereign immunity regimes. Under the …

“Spread Your Wings And Fly Away” – Reimagining Customary International Law Jurisdiction In Investor- State Disputes, Harshad Pathak

National Law School of India Review

A common assumption in investor-state dispute settlement (ISDS) is that subject to the language of the arbitral provision invoked, an arbitration tribunal can only decide claims that allege a breach of the substantive obligations articulated in the instrument from which it derives jurisdiction. Over time, this assumption has come under challenge, including in cases where an ISDS tribunal derives jurisdiction from a municipal law source, such as an investment contract or legislation. The article addresses this issue by critiquing the Decision on Jurisdiction in Cambodia Power Company v. Cambodia, wherein an ICSID tribunal constituted pursuant to related investment contracts concluded …

Legal Infrastructure For Inclusive Tech Development: Artificial Intelligence In The Global South, Jake Okechukwu Effoduh, Kingsley Eze, Victor Ufot

The Transnational Human Rights Review

Artificial intelligence (AI) is impacting economic and legal orders, yet its benefits and burdens remain unevenly distributed. This paper asks whether, and under what institutional and material conditions, the Global South can secure equitable participation in the AI economy. It advances a normative claim grounded in distributive justice, drawing on Rawls, the capabilities approach, and TWAIL critiques, arguing that bridging the AI divide is not a matter of charity but a duty of international cooperation under ICESCR Articles 2(1) and 15. Methodologically, the paper combines doctrinal analysis of international human rights law with comparative assessment across six constraint domains: energy, …

Commentary - Much Ado About Nothing? The Importance Of A Decolonial Framing Of The Withdrawal Of The United States Of America From The World Health Organization, Omowamiwa Kolawole

The Transnational Human Rights Review

The withdrawal of the Unites States from the World Health Organization (WHO) has been decried as bad for global health governance and the financing of the WHO. While there are legitimate concerns around the implications of this withdrawal, it is important that the action is framed through a decolonial lens. I argue that global health scholars must not replicate paradigms that problematize the withdrawal as a loss of the global north’s leadership in global health. I argue that the withdrawal offers an opportunity to interrogate the terms upon which global solidarity is built, and to push for the normative primacy …

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee

Seattle University Law Review

In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.