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Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii

Seattle University Law Review

This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …

Caution: Potholes In E-Scooter Data Collection, Dakota Rakestraw

Seattle University Law Review

Lime scooters keep ending up in major waterways in Washington state metro areas, a testament to the ubiquity of e-scooters in the metropolitan landscape. How they get there is unclear. Why they get there is even murkier. Perhaps the answer lies in the implications of modern geolocation data collection through e-scooters and gaps in current data collection regulation curbing individual liberties.

Since September 2020, electric scooters have run Seattle’s streets and have dramatically overtaken ridesharing bike trips. For example, from September 2020 to September 2021, there were about 1.4 million scooter and bike trips with September 2021 seeing 300,000 scooter …

Data Advantage And Merger Review: Can Entrenchment Theory Reform Antitrust Enforcement?, Shin-Ru Cheng

Seattle University Law Review

A merger involving giant digital companies is likely to dampen competition, as it allows those companies to combine and control data access, enabling them to entrench their dominant positions in relevant markets and extend those positions into related markets. While competition law in many jurisdictions aims to prohibit mergers that may substantially lessen competition or create a monopoly, arguably the review of digital mergers is failing because antitrust agencies lack an effective approach to identify data-generated anticompetitive harms. This Article demonstrates that entrenchment theory, recently reintroduced in the 2023 U.S. Merger Guidelines, would help reform the process of antitrust enforcement. …

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

The Public Square In A Private-Property Obsessed Country: What New York City’S Pops Regulations Get Right And Why Other Cities Should (Mostly) Copy Them, Carson Mcgregor

Seattle University Law Review

When New York City (NYC) was first becoming the metropolitan monolith it is today, it had a problem: the city streets were chock full of skyscrapers, and sunlight, air, and usable open space were at a premium. In response, the City promulgated its first Privately Owned Public Spaces (POPS) regulations, which allowed developers to build skyward in exchange for providing public space on the street level. Unfortunately, in July of 2023, the New York Times (NYT) discovered that New Yorkers received only a fraction of what they were promised. Building owners received billions of dollars’ worth of added floor space, …

The Race To Erase: Destruction Of Government Documents Undermines Freedom-Of-Information Laws, Frank D. Lomonte

Seattle University Law Review

In August 2019, reporters with Chattanooga’s daily newspaper, the Times Free Press, filed what seemed to be a routine request for access to emails and other public records held by their local county government. The seemingly unremarkable request set the newspaper’s staff on a months-long journey of unpleasant surprises. The first was a demand to pay the county $717 in advance before being allowed to inspect the documents. The second was that—during prolonged haggling over the fee assessment— the county attorney’s office simply destroyed almost all of the disputed records. Third, and most glaringly, the journalists discovered that Tennessee law …

Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi, Hermawan Prasojo

Jurnal Hukum & Pembangunan

Meaningful public participation in the legislative process in Indonesia is a fundamental element in fostering an inclusive and transparent democracy. Despite the legal mandate for public involvement, as outlined in Law No. 13 of 2022 and Constitutional Court Decision No. 82/PUU-XXI/2023, such participation often remains formalistic and limited in practice. This article highlights the potential of digital technology, particularly the concept of CrowdLaw, as an alternative approach to enhancing public engagement. Case studies from Estonia, Iceland, and Brazil demonstrate that digital participation can effectively increase public involvement and improve the quality of legislative outcomes. With sufficient infrastructure and improved …

The Essence Of An Antitrust Violation, Thomas A. Lambert

Faculty Publications

Judicial embrace of the consumer welfare standard reduced the indeterminacy and political manipulability of U.S. antitrust law. Continual invocations of antitrust’s consumer welfare focus, however, have created the misimpression that consumer harm is a sufficient, not merely a necessary, condition for condemning antitrust-relevant behaviors like agreements in restraint of trade and exclusion-causing unilateral acts. Such a “consumer harm sufficiency” view underlay the plaintiffs’ claims in Epic Games v. Apple and FTC v. Qualcomm and has inspired scholarly proposals to condemn various antitrust-relevant behaviors simply because they occasion consumer harm.

Antitrust economics and dynamic efficiency considerations call for rejection of the …

The Road To Hell Is Paved With Good Intentions: Patents, Pharmaceuticals, And Price Gouging, Madelyn Bird

Northern Illinois Law Review Supplement

Pharmaceutical companies are subject to monopolies of their own making in the pharmaceutical market. Legislators have tried to limit these monopolies by passing legislation in the hopes that it will lower prices. Unfortunately, these attempts to lower the costs of prescriptions have caused more issues to arise over time. When employing complex aspects of intellectual property law, such as evergreening and product hopping, there is no control exerted over pharmaceutical companies.

These monopolies in pharmaceutical markets exist because by the time generic products can enter the market, they have already become outdated. When the generics become outdated, they lose their …

Defense Wins Championships (And Labor Disputes): How The Minor Leagues Can Field Their Position Against Mlb’S ‘Inside Baseball', Blake Morain

Vanderbilt Law Review

For years, minor league baseball players received salaries far below the federal minimum wage, despite working sixty hours per week. It was not uncommon for these professional athletes to share cramped hotel rooms, sleep on floors, or live out of their cars. Most had to secure loans and pursue odd jobs to make ends meet during the offseason. Such sacrifices were necessary for minor leaguers to achieve their dreams of reaching the major league level, particularly as those abysmal working and living conditions became entrenched by adverse legislation and judicial rulings.

Only within the last five years have minor leaguers …

The Antitrust–Copyright Interface In The Age Of Generative Artificial Intelligence, Daryl Lim, Peter K. Yu

Faculty Scholarship

The U.S. government's antitrust actions against Big Tech have recently surged in response to the growing dominance of Amazon, Apple, Google, Meta, and Microsoft. In fall 2023, the Federal Trade Commission filed a controversial submission in response to the U.S. Copyright Office's request for comments on artificial intelligence (AI) and copyright. This submission hinted at the agency's eagerness to fully deploy its enforcement powers in the AI sector, including targeting AI developers that have used copyrighted works without authorization to train AI models.

This article examines the changing interface of antitrust and copyright law in the age of generative AI. …

Competition: Legal Landscape For Agri-Food Data, Anthony D. Rosborough

Reports & Public Policy Documents

This guidebook provides an overview of legal principles associated with competition law and dives deeper into a case study looking at the right to repair (R2R). Although the right to repair is a multifaceted issue, it can serve as a way to understand the application of competition law to digital agriculture technology. The first section of the guidebook provides an overview of the rationale and scope of Canadian competition law. This is followed by an exploration of the relationship between digital agricultural technology, farm data and competition. Finally, before looking at the right to repair, we will study a selection …

Beyond Data Deletion: Addressing Anticompetitive Conduct In The Era Of Machine Learning, Vaibhav Srikaran

Washington Journal of Law, Technology & Arts

Like a hamster wheel, the “virtuous cycle” of data collection, collation, and computation spins to create algorithms to assist modern business operations. Companies accumulate data by the terabyte with hopes that their army of data scientists can make sense of all the noise using machine learning. Potential profits encourage companies to seek out data—sometimes unlawfully through collusion. The use of unlawfully collected data in algorithms harms competition. Such data provides a competitive edge that is not accessible to all marketplace participants. Antitrust laws can police unlawful data sharing, but existing remedies are not effective for restoring competition.

Merely deleting ill-gotten …

Nowe Realia, Nowe Przepisy, Monika Namysłowska, Adrianna Michałowicz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the lead editors.

Ograniczenie Konsumenckiej Ochrony Prawnej Osób Fizycznych Prowadzących Gospodarstwo Rolne, Magdalena Paleczna-Sareńcza

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Act of 14 April 2023 on Consumer Pawnshop Loan amended the provisions of the Act of 23 April 1964 Civil Code and the Act of 12 May 2011 on Consumer Credit. This amendment concerned the extension of consumer protection to farmers with regard to the use of prohibited contractual provisions by an entrepreneur, including a consumer credit lender, and the maximum amount of non-interest costs of a loan, as well as its collateral. The personal scope of the Consumer Credit Act was also extended to include natural persons running an agricultural holding. The introduction of these solutions became the …

Jak „Zazielenia Się” Prawo Konsumenckie – Na Przykładzie Walki Z Greenwashingiem, Agata Zawłocka-Turno

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Greenwashing has become a hot topic and a significant issue in recent years. On one hand, consumers are placing increasing importance on the sustainability of their purchases. On the other hand, businesses, recognizing this trend, increasingly employ eco-marketing. Unfortunately, they often do so ineffectively, leading their actions to take the form of greenwashing that misleads consumers. This article thoroughly discusses this phenomenon, outlining its forms, driving factors, scope, and consequences. It also describes the existing legal framework for combating greenwashing, and legislative changes that aim to address this issue more effectively. Finally, the article analyzes the legal risks faced by …

Standard Ochrony Konsumenta Na Rynku Reklamy Kredytu Konsumenckiego W Świetle Dyrektywy Parlamentu Europejskiego I Rady (Ue) 2023/2225 Oraz Innych Regulacji Prawa Unijnego Z Zakresu Regulacji Rynku Finansowego, Rafał Włoczka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article examines the legal framework governing consumer credit advertising under Directive (EU) 2023/2225 of the European Parliament and the Council of 18 October 2023 on credit agreements for consumers. While enhancing consumer protection in the financial market through the regulation of consumer credit advertising has been widely studied, there is a lack of a systematic comparison with other EU financial market regulations on this issue. The article aims to critically assess the regulatory framework for consumer credit advertising in the EU. It reviews legislative developments in consumer credit directives and contrasts them with advertising requirements for other financial services. …