International Humanitarian Law Commons^™

Table Of Contents

Seattle University Law Review

Table of Contents

The Roots Of Credit Inequality, Andrea Freeman

Seattle University Law Review

Debt oppression began before the United States became a country. Settlers enslaved Africans and Indigenous people, treating them as property that they could buy and sell for their economic and personal benefit. When enslavement became illegal, new economic systems and laws that included sharecropping, Black Codes, and Jim Crow kept Black people in servitude. Laws that prohibited enslaved people from owning property or selling goods to white people evolved into restrictions on Black people’s occupations and market participation, both formal and informal. When Black entrepreneurs overcame these obstacles and built wealth within Black business enclaves, white people enforced their racist …

“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, …

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 …

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 …

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 …

Classification Of The Armed Conflicts In The Near East, Marco Sassòli

International Law Studies

This article explores the proper classification of Israel’s current conflicts with Hamas and Hezbollah as international or non-international armed conflicts. It discusses the different possibilities of how the international humanitarian law of international or non-international armed conflict applies to those conflicts and whether and to what extent the international humanitarian law of military occupation applies to the conduct of Israel Defence Forces in the Gaza Strip and Lebanon. It also explains why the proper classification of the conflicts still matters and is not only an intellectual exercise for scholars or students. While every conflict has its specifics, the article deals …

Digital Regulation And Development: A Global Micro And Macro Comparison, Katrin Kuhlmann

Georgetown Law Faculty Publications and Other Works

Regulation of the digital economy is receiving increased attention both domestically and internationally, but too little scholarship exists assessing the degree to which these new rules effectively support economic, social, and sustainable development. This Article advances a micro-macro framework for assessing digital regulation and its development dimension, including digital inclusion and measures to address the digital divide, the protection of human rights, and the operationalization of the United Nations’ Sustainable Development Goals. In doing so, it incorporates a “micro international law” methodology to compare domestic legal design features and trace their diffusion into regional trade agreements and, in turn, into …

Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud

Theses and Dissertations

The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …

Duck, Duck, Prisoner Abuse: Trump Presidency, Prison Labor, And The Racketeer Influenced And Corrupt Organizations Act (Rico), Maya Huffman

Immigration and Human Rights Law Review

The use of compulsory prison labor in American jails and prisons has reached alarming levels. Despite the Thirteenth Amendment’s purpose of abolishing slavery in the United States, slavery-like conditions persist under the guise of compulsory prison labor. The Thirteenth Amendment created an important caveat to the prohibition of slavery in the United States: involuntary servitude is permissible as a punishment for crime. Across the country, incarcerated individuals are forced against their will to engage in physical labor with sub-standard safety protocols, endure physically and mentally abusive superiors, and receive little to no pay. Despite domestic and international condemnation of the …

Children’S Rights At The United States-Mexico Border: Is The United States Of America Breaking International Laws?, Avery Anderson

Immigration and Human Rights Law Review

The treatment of migrant children at the United States-Mexico border has become a contentious issue worldwide. International human rights frameworks set certain standards for the treatment of migrant children, and there are growing allegations that the United States has violated international legal obligations due to its inadequate detention conditions. This article argues that while the United States is not explicitly violating international treaties due to specific reservations, its border policies are in direct contradiction with global norms for the humane treatment of children. Through a review of the legal obligations under customary international law and international treaties, this article highlights …

Kabwe’S Crisis: Toxic Lead Waste Poisoning Zambia’S Children, Jasmyn Hardin

Immigration and Human Rights Law Review

Kabwe, Zambia is among the most polluted cities, the result of nearly a century of lead mining and smelting. Despite the mine’s closure in 1994, an estimated 6.4 million tons of lead-contaminated waste continues to expose thousands of children to life-altering—and often irreversible—health consequences. This Article examines the Zambian government’s failure to remediate the environmental harm and protect children’s rights, analyzing both domestic legal obligations and international human rights treaties. It argues that the State’s pursuit of economic gain through continued lead processing has come at the expense of safeguarding the right to health and a healthy environment. Through an …

When Love Is Not Enough: The Muñoz Decision And The Erosion Of Family Unity In U.S. Immigration Law, Katerina Fernandez

Immigration and Human Rights Law Review

The Supreme Court’s decision in Department of State v. Muñoz marks a significant shift in U.S. immigration law, reinforcing the doctrine of consular non-reviewability and weakening long-standing protections for family unity. Historically, marriage and family have been recognized as fundamental rights; yet, Muñoz limits judicial oversight of visa denials, allowing for indefinite separations between U.S. citizens and their non-citizen spouses. This piece examines the ruling’s legal and human rights implications, its parallels to family separation policies, and its potential to justify future erosion of parental rights in immigration enforcement. It also examines possible legal avenues to challenge arbitrary family separations, …

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Fernanda Frizzo Bragato

2025 Event Invitations

Guest Speaker: Fernanda Frizzo Bragato - Professor of Law at the Federal University of Rio Grande do Sul (UFRGS) and a CNPq-funded researcher.

On the anniversary of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), this discussion addresses its crucial role in reshaping Indigenous rights across the Americas. Adopted in 2007, UNDRIP marked a historic shift by affirming Indigenous peoples’ right to self-determination, autonomy, and free, prior, and informed consent (FPIC) — challenging centuries of assimilationist policies. Yet, 17 years later, gaps persist. While UNDRIP inspired regional frameworks like the 2016 OAS Declaration, its promises often clash …

Free, Prior, Informed Consent And Power Imbalances: Upholding Indigenous Rights On The Anniversary Of Undrip, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2025–2026 Flyers

On the anniversary of the UN Declaration on the Rights of Indigenous People (UNDRIP), this discussion address its crucial role in reshaping indigenous rights across Americas.

Ai Enabled Autonomous Weapons And Human Control: Part Iii: Human Control And System Operators, Lena Trabucco

International Law Studies

This article is the third installment of a three-part series on AI-enabled weapons and human control. Artificial intelligence (AI) is shaping debates about military technology by challenging the role of human decision-making in the use of autonomous weapon systems (AWS). This article argues that effective governance of AI-enabled AWS requires moving beyond narrow conceptions of “meaningful human control” and instead recognizing a network of embedded human judgment throughout the weapon system’s lifecycle. This article focuses on the operator stage, examining the unique role of operators through guiding, observing, and terminating deployed AWS. Drawing on policy debates, doctrinal frameworks, and empirical …