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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 …

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 …

Prejudice Standards In Washington’S Appellate Courts, Andrew B. Van Winkle

Seattle University Law Review

When an appellate court finds an error to have occurred during a proceeding, the error is not yet subject to correction. In order to merit a remedy, the error must have been sufficiently prejudicial to the aggrieved party’s case. Drawing the line between correctable and non-correctable errors is not an easy task, for it often requires guessing at what was in the minds of jurors and trial judges. To cope with this task, courts have devised various rules and tests for deciding whether an error was likely prejudicial or not. These standards often go by names such as “harmless error,” …

Jack Daniel's And The Unfulfilled Promise Of Trademark Use, Stacey Dogan, Jessica Silbey

Cardozo Arts & Entertainment Law Journal

The article examines the Supreme Court's decision in Jack Daniel's v. VIP Products and its implications for the use of trademarks in artistic and expressive works. The Court's ruling established a "trademark use" doctrine, distinguishing between uses of trademarks as a designation of source for goods and non-trademark, expressive uses. While the decision does not overturn the Rogers v. Grimaldi test, it creates uncertainty in applying Rogers to expressive works, leading to inconsistent lower court decisions and threatening First Amendment protections for creative uses of trademarks.

Table Of Contents

Yearbook of Antitrust and Regulatory Studies

17(30) 2024

Editorial Foreword, Małgorzata Kozak, Marta Sznajder

Yearbook of Antitrust and Regulatory Studies

Editorial foreword

Exploring The Nexus Between European Competition Law And Democratic Society: A Case Of Political Microtargeting, Viktorija Morozovaite, Anna Gerbrandy

Yearbook of Antitrust and Regulatory Studies

The nexus between European competition law and democracy has been widely researched. Against the background of the ongoing digital transition and the power of big technology companies, this contribution aims to advance the debate by focusing on a specific example of political microtargeting and its effects on the (digital) public sphere. It explores the potential role of European competition law in ameliorating these emergent harms. The argument is developed by showing that the role of big technology companies in political microtargeting processes extends beyond passive facilitators. By following financial incentives and treating citizens as consumers, these companies, in effect, reduce …

Free Speech Is Incomplete? Big Tech In A Distant Mirror, Jan Polański

Yearbook of Antitrust and Regulatory Studies

In 1961, Alexander Meiklejohn claimed that the First Amendment, the US provision guaranteeing free speech, is an absolute. Echoing this in the context of the rise of fake news, Tim Wu has recently asked whether the First Amendment might have become obsolete. Yet, with the growing power of Big Tech, concerns are also voiced that their impact on free speech may go too far. However, there is tension here: on the one hand, the unprecedented role of Big Tech provides incentives for regulation; on the other, free speech is such a sensitive subject that there are reasons for limiting government …

Media Pluralism And Competition In The Media Sector: The Italian Experience, Valeria Caforio

Yearbook of Antitrust and Regulatory Studies

In economic sectors where constitutional principles come to the fore, legislators must reconcile individual rights and freedoms with market principles, such as the arm’s length principle, and economic freedoms, particularly the freedom to conduct business. This balance is particularly significant in the media sector, where the principle of media pluralism is paramount. Media pluralism, as acknowledged by the Italian Constitutional Court in 1988, encompasses two dimensions: internal pluralism, which secures citizens’ access to diverse, objective, and impartial information (individual freedoms); and external pluralism, which prevents the concentration of resources among a limited group of economic actors (economic freedoms). Against this …

The Dsa’S Crisis Response Mechanism And The Indispensability Of Social Media Networks, Baskaran Balasingham, Sofia Minichová

Yearbook of Antitrust and Regulatory Studies

Social media networks have become predominant sources of free and open access information. However, they generally fall outside the scope of media regulation, leaving information on those platforms largely unregulated. While social media is a catalyst for disinformation and propaganda, it also allows for fast and widespread dissemination of reliable information. A crisis response mechanism (CRM) was added to the Digital Services Act which gives the European Commission the power to require providers of very large online platforms to assess the contribution of their services to a serious threat to public security or public health and apply effective countermeasures. Although …

Digital Markets Act And Competition Law: Is There An Issue Of Ne Bis In Idem?, Michal Petr

Yearbook of Antitrust and Regulatory Studies

In recent years, the importance of digital markets has grown rapidly. Any distortions in these markets had to be remedied by competition law, notwithstanding the fact that competition law was found in numerous studies not to be entirely up to this task. Several countries across the globe have adopted specific national legislation regulating these markets. In 2023, the European Union itself brought into effect the Digital Markets Act. The question is, to what extent is competition law, as well as specific regulations of the digital markets, applicable in parallel with the Digital Markets Act? The Court of Justice has recently …

Speaking Power To The People: Serbian And Brazilian Media Systems In Populist Times, Ricardo Ribeiro Ferreira, Alexander Mesarovich

Yearbook of Antitrust and Regulatory Studies

A decline in journalistic standards and increased media control, are well recognized hallmarks of increased autocratisation and democratic backsliding. This paper investigates the impact of populism on the media landscape in two different countries, Brazil and Serbia. It argues that despite the radical differences in structural factors (wealth, relationship with the EU, history of democracy, political system, etc.), these countries have witnessed a similar decline in media quality, as well as a decline in the quality of democracy. Using the Serbian case as a ‘standard’ case of populist control and drawing on interviews with Brazilian journalists as a ‘surprising’ case, …

Press Publishers’ Right And Competition Law. Case Comment On The French Competition Authority’S Decisions Against Google, Michalina Kowala, Miłosz Malaga

Yearbook of Antitrust and Regulatory Studies

This case comment discusses a set of decisions issued by the Autorité de la concurrence (the French Competition Authority, FCA) regarding Google’s conduct vis-à-vis press publishers. The analysis concerns Google’s refusal to respect its obligations, resulting from the Digital Single Market Directive of in 2019, regarding the press publishers’ exclusive right concerning the online use of their press publications, as well as its further implications. Moreover, it involves also systemic observations and broader market context. The objective of this case comment is to discuss the FCA’s decisions, and more broadly, to identify further systemic consequences these decisions may bring for …

Power, Media Pluralism, And Democracy – Regulatory, Legal, Or Extra-Legal Responses International Conference Warsaw, 16–17 November 2023 ‘Democracies Die In Silence’, Maciej Bernatt, Anna Gerbrandy, Małgorzata Kozak, Pauline Phoa

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Entire Issue Vol. 17 No. 30

Yearbook of Antitrust and Regulatory Studies

Vol. 17(30) 2024

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

Faculty Scholarship

Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …

Tesla, Let Me Fix My Car: The Right To Repair And The Need For A Balance Between Public And Private Enforcement, Emanuele S. Putrino

Oklahoma Law Review

No abstract provided.

Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler

Seattle University Law Review

How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …

After Affirmative Action, Meera E. Deo

Seattle University Law Review

This is a time of crisis in legal education. In truth, we are in the midst of several crises. We are emerging from the COVID pandemic, a period of unprecedented upheaval where law students and law faculty alike struggled through physical challenges, mental health burdens, and decreased academic and professional success. The past few years also have seen a precipitous drop in applications to and enrollment in legal education. Simultaneously, students have been burdened with the skyrocketing costs of attending law school, taking on unmanageable levels of debt. And with the Supreme Court decision in SFFA v. Harvard, we are …