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Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …

Tipping Back The Scales: Reworking The Changed Product Rule To Make Derivative Aircraft Safer, Rachel Wright

Loyola University Chicago Law Journal

The dark adage "regulations are written in blood" can be constructively viewed as the FAA's commitment to continuously improving and regulating aircrafts to promote aviation safety. The Changed Product Rule defines specifically when the newest regulations are applicable to the certification of a derivative aircraft, and when old regulations can be legacied into a certification plan. After the tragic Boeing MA4X crashes, industry experts called for a reassessment: is the Changed Product Rule doing its job of ensuring safe design and certification of derivative aircraft? This Comment addresses this question, and advocates for targeted and practical changes to three areas …

Shareholder Primacy Versus Shareholder Accountability, William W. Bratton

Seattle University Law Review

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …

Verses Turned To Verdicts: Ysl Rico Case Sets A High-Watermark For The Legal Pseudo-Censorship Of Rap Music, Nabil Yousfi

Seattle University Law Review

Whichever way you spin the record, rap music and courtrooms don’t mix. On one side, rap records are well known for their unapologetic lyrical composition, often expressing a blatant disregard for legal institutions and authorities. On the other, court records reflect a Van Gogh’s ear for rap music, frequently allowing rap lyrics—but not similar lyrics from other genres—to be used as criminal evidence against the defendants who authored them. Over the last thirty years, this immiscibility has engendered a legal landscape where prosecutors wield rap lyrics as potent instruments for criminal prosecution. In such cases, color-blind courts neglect that rap …

Asset-Based Financing For Space Activities, Francesca Giannoni-Crystal

Journal of Air Law and Commerce

The space industry—whose numbers are already substantial—has undeniable potential for further growth. However, because it no longer consists of only multibillion-dollar companies, the industry needs access to traditional financing. Venture capital alone is insufficient. This Article discusses some difficulties for the space industry’s access to traditional—and especially asset-based—financing. Some are common to all space activities, while some exist only for novel space activities. These difficulties cover a broad range of legal, regulatory, and factual issues (including insurance). While the problems are difficult, ideas to solve them are plentiful, a number of which the paper discusses. The paper also presents ways …

The Case Law Of The Court Of Justice Of The Eu On Art. 17 Of The 1999 Montreal Convention: An Evaluation From A Comparative Perspective, Michael Chatzipanagiotis

Journal of Air Law and Commerce

This paper analyzes the case law of the Court of Justice of the European Union (CJEU) on Article 17(1) of the 1999 Montreal Convention (MC99) regarding the liability of international air carriers for death or bodily injury to passengers. The interpretational principles and methods applied by the CJEU are examined, accounting also for the particularities of the EU legal order. Furthermore, the results reached by the CJEU are compared with the case law of other jurisdictions, mainly the US, and doctrinal writings. Nonetheless, this paper does not explore the pertinent issues from a de lege ferenda perspective.

The paper concludes …

Sorry For The Delay: How Faa Regulations In The U.S. Are Stifling Innovation And Hindering The Growth Of A Promising New Industry Based On Delivery Drones, Mason Sarver

Journal of Air Law and Commerce

From the creation of the transistor radio to robots powered by artificial intelligence, the rapid pace of technological advancements in a multitude of industries has ushered in an innumerable amount of economic, environmental, and social benefits that have collectively produced positive effects around the world. However, in addition to benefits, these rapid advancements in technology have created a particular problem affecting many industries in the United States—antiquated regulations that were promulgated for a particular industry become inefficient and impractical due to rapid technological advancements within that industry. The delivery drone industry, a blossoming new sector of air commerce that has …

Back To The Future: Outer Space Policy Review Of The Past For Clues To The Future, Paul B. Larsen

Journal of Air Law and Commerce

Sixty years later, Professor Paul B. Larsen revisits and discusses seven outer space legal issues identified by early space law experts and their current impacts on space policy. The first section addresses the ambiguous boundary of the non-sovereign outer space legal regime which, increasingly causes states to claim control of non-sovereign outer space. Second, Larsen analyzes how the lack of outer space regulation by an international agency like the International Civil Aviation Organization has encouraged states to seek to control outer space unilaterally. Third, although the original aim of space law experts was for outer space to be free for …

Keep The Driver In Driverless Cars: Let's Take A Few Cues From The Aviation Industry, Tifani Sadek

Journal of Law and Mobility

As a law professor who studies mobility, I spend many waking hours thinking about fully automated vehicles, those cars that drive themselves without any need for a human operator. As a true believer in this technology, I think the widespread deployment of these vehicles will get more people home safely, give commuters their time back, and reduce the amount of carbon dioxide in our environment. However, lately, I worry whether this will ever happen. A recent Pew study showed that only 26% of the U.S. public believes that self-driving cars are a good thing for society, which is an all-time …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.

Overseeing The Administrative State, Jill E. Fisch

Seattle University Law Review

In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …

The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney

Seattle University Law Review

Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.

A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly

Seattle University Law Review

After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

Evaluating The Rights Of Air Consumers Under International And Regional Instruments With A Focus On Qatar, Eman Naboush

International Journal on Consumer Law and Practice

This paper examines the rules protecting air consumers in cases of flight disruptions as outlined in the international instruments, regional agreements, and in Qatar. It aims to examine the Qatari rules that may provide protection for air consumers and compare them to those adopted regionally and internationally. The article demonstrates that Qatari legislation falls short of the internationally recognized minimal threshold for safeguarding air consumers, as implemented in other countries. Nevertheless, the Qatari national airline incorporates many sets of regulations for customers from the European Union, United States, and Canada in its carriage contract. Although the contractual provisions offer significant …