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Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Judicial Discretion Is Advised: The Lack Of Discretionary Appointments Of Counsel For Children In Washington State Dependency Proceedings, Marisa Forthun 2021 University of Washington School of Law

Judicial Discretion Is Advised: The Lack Of Discretionary Appointments Of Counsel For Children In Washington State Dependency Proceedings, Marisa Forthun

Washington Law Review Online

State agencies initiate dependency proceedings when a child is alleged, often due to parental neglect or abuse, to be a dependent of the state. The state must intervene “[w]hen parents do not comply with [Child Protective Services] requirements, or when the state believes the child is at too great a risk to remain at home even if parents were to comply with services.” Dependency proceedings usually take place in juvenile courts and involve the local state agency, the parents, and the child. After the government files a petition alleging circumstances of neglect or abuse, “[t]he court issues temporary orders regarding …


Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar 2021 Penn State Dickinson Law

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …


Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner 2021 Penn State Dickinson Law

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …


Free Speech In The Modern Age, [email protected] 2021 Fordham Law School

Free Speech In The Modern Age, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan 2021 Salmon P. Chase College of Law, Northern Kentucky University

Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan

University of San Francisco Law Review

No abstract provided.


My Body, My Choice: Biblical, Rabbinic, And Contemporary Halakhic Responses To Abortion, Adena Berkowitz 2021 Touro University Jacob D. Fuchsberg Law Center

My Body, My Choice: Biblical, Rabbinic, And Contemporary Halakhic Responses To Abortion, Adena Berkowitz

Touro Law Review

Since the Supreme Court grounded the right to an abortion in a constitutional right to privacy, legal and societal debate has continued around the status of a fetus in utero, a woman’s countervailing claims, and the interests of states and society as a whole. As American courts have faced an issue that intertwines legal, moral, and philosophical questions, so too the halakhic process confronts analogous complexities. The main line of Jewish tradition makes a much-needed contribution to the discussion of abortion. Without sharing the view that the fetus is from conception fully a person, it stops short of a complete …


Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro 2021 Touro Law Center

Yes, “Stealthing” Is Sexual Assault… And We Need To Address It, Mikaela Shapiro

Touro Law Review

Nonconsensual condom removal, more popularly known as “stealthing,” exposes victims to potential physical risks such as pregnancy and disease and, as victims make clear, feelings of violation and shame. Such condom removal changes sex from consensual sex into nonconsensual sex. There are currently no laws criminalizing stealthing in the United States. This Note considers possible criminal and civil remedies victims may seek in a court of law. Conditional consent, initial consent to sexual activity that is contingent upon intercourse with a condom and may be revoked once that condom is removed, is a key factor in stealthing cases. Ultimately, this …


Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette 2021 Vanderbilt School of Law

Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette

Vanderbilt Journal of Transnational Law

Since the 1990s, a group of plaintiffs from Ecuador has been involved in litigation with what is presently the Chevron Corporation. During the lawsuit in Ecuador’s courts, the plaintiffs’ lawyers took part in deceptive activities that led to an unreliable judgment against Chevron and has resulted in civil liability for the lawyers and an inability to enforce the judgment against Chevron in the United States for the plaintiff class. Over the better part of the last decade, the plaintiffs’ lawyers have sought and failed to enforce the judgment in several countries outside of the United States, leading to a prolonging …


Jewish Law And The Concept Of Negligence, Steven F. Friedell 2021 Rutgers Law School

Jewish Law And The Concept Of Negligence, Steven F. Friedell

Touro Law Review

No abstract provided.


Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block 2021 Touro University Jacob D. Fuchsberg Law Center

Selling Sex: (More) Evidence For Decriminalization, Faelynn Carroll, Walter E. Block

Touro Law Review

This paper makes a case for decriminalization of sex work in response to recent legislation restricting sex workers’ access to online platforms and to the COVID-19 pandemic. Using a feminist economic lens, we summarize the current understanding of sex work markets and analyze how agency and stigma are affected by increasingly limited access to online platforms as well as by the social and economic restrictions of COVID-19. We analyze sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, …


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal 2020 Fordham Law School

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani 2020 Fordham Law School

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston 2020 Fordham University School of Law

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


It’S 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association V. Thomas Means For The National Hangover Of The Twenty-First Amendment, The Dormant Commerce Clause, And Federal Legalization Of Intoxicating Substances., Evan W. Saunders 2020 Brooklyn Law School

It’S 1919 Somewhere: What Tennessee Wine & Spirits Retailers Association V. Thomas Means For The National Hangover Of The Twenty-First Amendment, The Dormant Commerce Clause, And Federal Legalization Of Intoxicating Substances., Evan W. Saunders

Brooklyn Law Review

The United States has a drinking problem; or rather, an alcohol problem. In the aftermath of Prohibition and the passage of the Twenty-First Amendment, the Supreme Court has struggled to settle upon an overarching regulatory system for alcohol that is amenable to both the federal government and the states. Most recently, in Tennessee Wine and Spirits Retailers Association v. Thomas, the Court further asserted that alcohol should be treated just like any other good under the Dormant Commerce Clause. This note examines the Court’s Twenty-First Amendment jurisprudence leading up to Tennessee Wine, and suggests an alternate interpretation of the amendment …


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez 2020 Fordham Law School

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Toward A More Democratic America, Thomas Kleven 2020 Seattle University School of Law

Toward A More Democratic America, Thomas Kleven

Seattle Journal for Social Justice

No abstract provided.


Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang 2020 Brooklyn Law School

Libertad For All? Why The Helms-Burton Act Is An Empty Promise Of “Freedom” For The Cuban People., Cristina L. Lang

Brooklyn Law Review

After the Cuban Revolution, the Castro government nationalized the property of many American nationals, which served as a justification for the Kennedy administration’s decision to institute a general economic embargo on Cuba. This embargo was officially codified in the late 1990s in the Cuban Liberty and Democratic Solidarity (Libertad) Act, enacted by President Bill Clinton. Title III of this Act was suspended since its enactment. By creating a private cause of action for American nationals to sue “traffickers” of their improperly nationalized Cuban property, Title III aims to deter foreign investment into Cuba and compensate American citizens whose Cuban property …


Functional Statehood In Contemporary International Law, William Thomas Worster 2020 Brooklyn Law School

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …


Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar 2020 Brooklyn Law School

Directors’ Duty Of Care In Times Of Financial Distress Following The Global Epidemic Crisis, Leon Yehuda Anidjar

Brooklyn Journal of International Law

The global COVID-19 pandemic is causing the large-scale end of life and severe human suffering globally. This massive public health crisis created a significant economic crisis and is reflected in a recession of global production and the collapse of confidence in the functions of markets. Corporations and boards of directors around the world are required to design specific strategies to tackle the negative consequences of the crisis. This is especially true for small and medium-sized enterprises (SMEs) that suffered tremendous economic loss, and their continued existence as ongoing concern is under considerable risk. Given these uncertain financial times, this Article …


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