Human Rights Law Commons^™

“A Plain Denial”: Reclaiming Equal Protection In American Juvenile Law, Addie C. Rolnick, David S. Tanenhaus, Justin Iverson, Danielle L. Silvestri

Seattle University Law Review

Juvenile courts are based on the premise that children are different from adults and should therefore be treated differently. Children may be treated more informally by courts, punished for different purposes, and brought before the court for different behaviors. Since In re Gault, the Supreme Court has been clear that there are limits to how different juvenile courts can be. Juveniles are entitled to many of the same procedural protections as adult criminal defendants, although the Court has preserved some procedural differences where it has determined that their benefit is outweighed by the need to preserve the informality, flexibility, …

Redefining Section 230 Immunity, Lucas Dini

Seattle University Law Review

Section 230 of the Communications Decency Act has provided broad immunity to online platforms for third-party content which was the foundation for the internet's growth. However, the rise in the use of artificial intelligence (AI) to produce algorithms to curate content to users of online services has blurred the line between being a passive host of third party content and active editorial control. This Note examines the legal, policy, and constitutional implications of applying Section 230 immunity to platforms that use AI to curate and promote third-party content. This analysis argues that algorithmic promotion of third-party content constitutes a platform's …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

The Perlmutter Center For Legal Justice At Cardozo Law Secures Release Of Ernest Taylor After Serving 22 Years In Prison For A Minor Theft, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Announcement of the Perlmutter Center securing Ernest Taylor's release after resentencing.

Addressing The Root Of Housing Insecurity: Washington Should Divest From “Crime-Free” Housing Programs, Sarah Cerdena

Seattle University Law Review

Crime-Free Rental Housing Properties (CFRHPs) have proven to be an ineffective and inequitable approach to public safety. Often, tenants in these properties are evicted—at times, extrajudicially—as a result of conduct that does not rise to violations of their lease provisions, much less criminal behavior. By placing extraordinary power in the hands of local law enforcement to carry out these ordinances, CFRHPs predictably pose significant harm to Black and Latinx communities, survivors of domestic violence, disabled tenants, and low-income tenants generally. Recently, the Washington State Supreme Court grappled with the tensions arising between CFRHPs and the enforcement of Washington landlord-tenant law. …

Volume 49 Masthead

Seattle University Law Review

Volume 49 Masthead

Esg Investing Breaches Erisa Fiduciary Duties? A Closer Look At Spence V. American Airlines, Inc., Eric Chin-Ru Chang

Seattle University Law Review

In Spence v. American Airlines, Inc., the U.S. District Court for the Northern District of Texas found that American Airlines breached its fiduciary duties due to BlackRock’s ESG investing practices. Contrary to some reports suggesting that the ruling prohibits ESG investing under ERISA, a closer look at the ruling shows that the court only targeted American Airlines’ failure to manage conflicts of interest appropriately, rather than the legality of ESG investing itself. In light of the intensifying ESG backlash in the United States, this Article cautions against further restrictive measures on ESG investing. Such measures would exacerbate the widening …

Mandating Fluoride: A Constitutional Exercise Of Police Power, Anita Jahangiri

Seattle University Law Review

This Note addresses the ongoing debate over fluoridation: the regulation of fluoride levels in public water systems. Extensive research indicates fluoridation, when regulated at the recommended concentration, is both safe and highly effective in preventing dental caries. Better known as cavities, dental caries is a preventable yet widespread health issue that disproportionately affects low-income populations. Reducing dental health disparities among economic classes is a pressing public health issue. Fluoridation is not merely a policy option, but a critical, proven tool to address such disparities and uphold the collective welfare of Washingtonians. This Note focuses on fluoridation as a public health …

Neurodiversity In The Courtroom: Expanding Jury Service Accessibility Beyond Physical Disability, Samantha L. Mabe

Seattle University Law Review

The Americans with Disabilities Act has required equal access to jury service for decades; however, efforts to accommodate jurors with disabilities have been slow to develop beyond some minor accommodations for physical disabilities. While neurodivergent people frequently struggle to navigate a world catered toward neurotypical people, jury service remains inaccessible for many neurodivergent people who need accommodations to attend trial and engage in jury deliberations. If courts and advocates do not consider how to develop accommodations to secure the service of neurodivergent jurors, they will miss out on the unique skillsets that neurodivergent people can bring to resolving disputes.

Disabled …

Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis

2025 Event Invitations

Join us for an inspiring conversation with three extraordinary individuals who have turned painful histories into catalysts for change:

• Tamara Meyer – daughter of German Jewish Holocaust survivors who now builds dialogue and healing across generational trauma
• Arno Michaelis – former leader in the White nationalist movement, who now works to prevent radicalization and promote compassion
• Daryl Davis – Black musician and racial justice advocate known for fostering friendships with members of the Ku Klux Klan, confronting hate with curiosity

Authoritarian Transfers, Günter Frankenberg, Fernanda G. Nicola

University of Miami Law Review

The rapid proliferation of foreign agent laws globally has become a hallmark of rising authoritarianism, with these laws weaponized to suppress dissent and stifle civil society. While the post-World War II study of legal transplants focused on liberal legal orders, the rise of authoritarian regimes has introduced a new dimension: the transnational movement and adaptation of authoritarian legal frameworks, or authoritarian transfers. This Article fills a critical gap by developing an analytical framework to distinguish authoritarian transfers from democratic ones, using transfer theory, a central theme in comparative law that explores how laws travel, adapt, and transform within new social …

"Have You Met My Lawyer?" And "Making Lists Of What Was Lost", Kirsten Anderson

Loyola Interdisciplinary Journal of Public Interest Law

The theme of what justice looks like for those experiencing homelessness finds expression in two poems by social justice lawyer and poet Kirsten Anderson. Based on her nearly two decades of representing clients experiencing homelessness, she explores the nature of the client-lawyer relationship in a society where lawyers are usually only available to persons with wealth and power. Both poems explore the consequences of housing not being recognized as a human right—given visible expression in a humanitarian crisis of homelessness in a country where the rent is unaffordable for more than half the population.

The first poem, “Have you met …

Beyond The Flames: Housing Justice And Rebuilding After The Wildfires, Michala Storms, Awoenam Mauna-Woanya, Christopher Chinn, Kaimipono D. Wenger

Loyola Interdisciplinary Journal of Public Interest Law

The speakers for this symposium explored the intersection of housing justice and the legal and policy obstacles encountered in rebuilding efforts in Los Angeles following the devastating wildfires. The wildfires burned more than 55,000 acres. That's approximately the size of Los Angeles city. Destroyed over 16,251 structures and has claimed at least 29 lives. These fires were the most catastrophic in all of Los Angeles County's history. The speakers discussed the challenges faced by displaced communities amid ongoing housing shortages, as well as the broader implications for housing policy and zoning. The conversation examined how attorneys, policy makers and the …

Kwanza Jones & José E. Feliciano Commit $6 Million To Name Clinical Education Program At Cardozo School Of Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced a $6 million gift from alumna Kwanza Jones and José E. Feliciano to renovate and expand its clinical education facilities. The gift will establish the Kwanza Jones and José E. Feliciano Program for Clinical Education, supporting experiential legal education and increasing access to justice through Cardozo's nationally recognized clinical programs.

Bowers, Lawrence And Obergefell: A Case-By-Case Analysis, Hailey Moran

The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University

What does Bowers v. Hardwick, Lawrence v. Texas, and Obergefell v. Hodges all have in common? Each of these Supreme Court cases chronicles the passage of time and advancement in LGBTQ+ rights in America. Not only, however, do they chronicle the rights that have been achieved for LGBTQ+ individuals, but they also chronicle the evolution of the Justices on the bench. These cases here help us understand the influences that encourage the Justice’s decision-making, whether it be the state of the law or the Court’s environment. By analyzing each case, we can understand not only how these cases were decided, …

Unsafe At Any Speed: "Safe Third Country Agreements" - Offshoring And Eroding Legal Protections Owed To Refugees And Asylum Seekers, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

Part I of this Article analyzes third country agreements and refugee transfer practices of the United States and the European Union. Part II demonstrates that, under international law, all countries are obligated to protect refugees and are prohibited from directly or indirectly sending them to a country where there is a substantial basis for believing that their life or freedom would be threatened. Part II will likewise show that the notion of "safe third country" transfer agreements and practices is often a fallacy, an oxymoron. Instead of keeping refugees safe, such agreements and practices seriously erode the fundamental non-refoulment obligation …

Countering The Criminalization Of Solidarity: An Analysis Of Legal Frameworks Proposed To Protect Humanitarian Aid For Migrants And Asylum Seekers, Katherine E. Smart

William & Mary Journal of Race, Gender, and Social Justice

Thousands of migrant fatalities are reported each year all across the globe, and as staggering as current numbers are, they are likely an undercount. These deaths are a direct result of government policies that funnel migrants into dangerous routes through deserts and seas to deter immigration. Further, when individuals and groups step forward to provide immediate aid to migrants—such as food, water, shelter, first aid, and search and rescue (SAR)—they are often targeted by intimidation, harassment, discipline, and even criminal prosecution. Thus emerges a question: what legal framework can protect the rights of humanitarian aid workers acting in solidarity with …

2025 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2025 issue of the CLIHHR Newsletter highlights the Cardozo Law Institute in Holocaust and Human Rights’ continued work in advocacy, research, and education. It features the Institute’s landmark report on Indigenous land rights in the Brazilian Amazon, major events including the 2025 Lemkin Award Ceremony, faculty and student achievements, alumni spotlights, and engagement with international human rights mechanisms. The newsletter reflects CLIHHR’s ongoing commitment to supporting marginalized communities and advancing human rights and atrocity prevention efforts.

Citizen Shareholders: The State As A Fiduciary In International Investment Law, Eleanor L. Thompson

Michigan Law Review

International investment law provides stability for investors, helps capital flow across the globe, and can be a critical tool for sustainable development. This regime, however, has become increasingly controversial, in part due to its inability to reconcile investor obligations with competing human rights obligations. International investment treaties provide substantive guarantees to investors, including submission to binding arbitration in the event of breach. When found in breach of one of these guarantees, international investment arbitral tribunal awards are often in the hundreds of millions of dollars, potentially creating “regulatory chill” for states that may otherwise take affirmative action to protect human …

Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez

Cardozo Journal of Conflict Resolution

On March 6, 2025, the Cardozo Journal of Conflict Resolution presented the twenty-fourth annual International Advocate for Peace Award to Dr. Zafra M. Lerman. The following is a transcript of the event.