Courts Commons^™

Quo Vadis Desain Pengamanan Hakim Dari Perbuatan Merendahkan Kehormatan Dan Keluhuran Martabat Hakim (Pmkh) Di Indonesia, Zainatul Ilmiyah

Jurnal Hukum & Pembangunan

Judges, as the main judicial actors in law enforcement, have an independent nature, both in terms of institutions and in terms of determining their decisions. However, in exercising their authority, judges are often faced with the risk of injury, both physical and psychological, by the public, who are not satisfied with the decisions made by the judges. With an empirical legal research method and using a conceptual approach, statute approach, and comparative approach, this study aims to find the best form in the design of an institutional model for judge and court security units. In this study, it was found …

The Trump Administration’S Recent Removals To El Salvador Violate The Prohibition On Transfer To Torture, Rebecca Ingber, Scott Roehm

Online Publications

Several of our colleagues have already provided excellent analyses of the fast-evolving legal and factual questions presented by President Donald Trump’s pretextual and abusive invocation of the Alien Enemies Act to transfer to El Salvador 238 Venezuelan men who it alleges are members of the Tren de Aragua gang. We are writing to flag a separate issue that this case has created, one that applies to anyone removed from the United States under any authority: the administration is sending people to a country where there is a quite significant risk they will be abused. Whatever the authority the administration might …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Ruth Bader Ginsburg Essay/Art Contest: How Has Justice Ruth Bader Ginsburg (Rbg) Inspired Me? 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Market Value Of Partisan Balance, Brian D. Feinstein, Daniel J. Hemel

Northwestern University Law Review

For the past century, Delaware’s constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political party. Some scholars and jurists theorize that Delaware’s commitment to a politically balanced judiciary increases the state’s attractiveness to out-of-state corporations and adds value to Delaware-chartered firms. These claims echo a larger literature in law and the social sciences positing that ideological diversity improves decisional quality. Recently, a series of federal court decisions in the case of Adams v. Carney put these claims to the test. In December 2017, a federal district court …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …

Calling On Congress: Use The Spending Clause To Keep Juveniles In Juvenile Court, Erin Fitzgerald

Pepperdine Law Review

Recently, juvenile justice reformers have had great success in expanding the reach of the juvenile court. Over the last two decades, many states have raised their age of majority, bringing older teens and young adults under the jurisdictional umbrella of the juvenile court. Likewise, many states have amended their transfer statutes, making transferring juveniles from juvenile court to adult criminal court more difficult. The success of these reforms is largely due to the relentless work of dedicated juvenile justice advocates and scholars. The “raise-the-age” movement and work to limit juvenile transfers has undoubtedly helped to retain more youthful offenders within …

Brief For Petitioner St. Isidore Of Seville Catholic Virtual School, John A. Meiser, Meredith H. Kessler, Michael R. Perri, Socorro A. Dooley, Michael H. Mcginley, Steven A. Engel, Brian A. Kulp, Anthony R. Jadick, Julia M. Fitzgerald, Cory J. Kopicki

Court Briefs

Nos. 24-396, 24-394
St. Isidore of Seville Catholic Virtual School v. Gentner Drummond, Oklahoma Statewide Charter School Board v. Gentner Drummond

On Writ of Certiorari to the Oklahoma Supreme Court

From the Summary of Argument

The decision below contravenes the Constitution and this Court’s precedents several times over. It spurned the free exercise guarantees this Court has repeatedly upheld. It violated the state-action doctrine by treating a privately run religious school as an arm of the government. And it distorted the Establishment Clause beyond recognition.

Legislative Reforms To End Lawfare By State And Local Prosecutors, Elizabeth Beske

Legislative Testimony & Comments

WASHINGTON, D.C. - The House Judiciary Subcommittee on the Constitution and Limited Government will hold a hearing on Tuesday, March 4, 2025, at 2:00 p.m. ET. The hearing, "Legislative Reforms to End Lawfare by State and Local Prosecutors," will examine the use of lawfare tactics by the Biden-Harris Administration to weaponize the rule of law against political opponents. It will further highlight legislative reforms to end politically motivated state and local prosecutions.

The Role Of Storytelling In Bisexual Jurisprudence, Eliot T. Tracz

Pace Law Review

This essay examines the unique challenges faced by bisexual individuals in the legal system and explores how storytelling can serve as an effective tool to combat bisexual erasure and stereotyping in jurisprudence. Despite comprising the largest demographic within the LGBTQ community, bisexual individuals are significantly underrepresented in legal discourse and case law. This essay identifies three primary challenges affecting bisexual legal recognition: erasure (the denial of bisexuality as an orientation), stereotyping (harmful assumptions about bisexual individuals), and interest divergence (conflicting priorities with both heterosexual and homosexual communities). Through detailed case analysis, this essay will demonstrate how these challenges have resulted …

National Origin Bias And U.S. Public Opinion On Supreme Court Nominees: Evidence From A Conjoint Experiment, Christopher P. Dinkel, Andrew Ifedapo Thompson, Marc C. Mcallister

Pace Law Review

As the ultimate arbiter of the interpretation of federal law and the U.S. Constitution, the U.S. Supreme Court has a significant impact on businesses and individuals across an increasingly diverse country. Although the vast majority of the Justices who have served on the Court have been white males, recent Presidents have appointed nominees who have brought greater racial and gender diversity to the Court. Despite these efforts, however, not a single U.S. Supreme Court Justice in the past six decades has been born abroad, even though Americans who were born outside the United States constitute nearly a tenth of the …

A Mistake For The Lake: Why Ohio Should Rethink Its Ban On Rights Of Nature For Lake Erie, Shelby Strohl

Cleveland State Law Review

“Throughout legal history, each successive extension of rights to some new entity has been, theretofore, a bit unthinkable.” - Professor Christopher Stone. The purpose of the rights of nature movement is to recognize that ecosystems and natural entities have the right to exist and thrive. Rights of nature give the natural entities legal protections against pollution and other harms. This Note recommends that the Ohio legislature reconsider its stance on prohibiting rights of nature under Ohio Revised Code Section 2305.011. This recommendation stems from the groundbreaking Lake Erie Bill of Rights, which granted rights of nature to Lake Erie in …

Second-Guessing The Jury: The Federal Circuit's Flawed Take On Enhanced Damages In Halo V. Pulse, Dennis D. Crouch

Faculty Publications

This article critically examines the Federal Circuit's February 2025 decision in Halo v. Pulse, focusing on the court's approach to enhanced damages in patent infringement cases. The analysis identifies a fundamental tension between jury findings of willful infringement under a clear and convincing evidence standard and the district court's subsequent discretion to deny enhanced damages by essentially reconsidering the same evidence. The article argues that the Federal Circuit's affirmation of this approach undermines the Supreme Court's 2016 Halo decision, which sought to make enhanced damages more accessible in cases of egregious misconduct. By creating an artificial distinction between "willful infringement" …