Learning From Lochner: When Children Are Harmed By Technological Revolutions,
2026
S.J. Quinney College of Law, University of Utah
Learning From Lochner: When Children Are Harmed By Technological Revolutions, Brooke Hodson Davies
Utah Law Review
Drawing on parallels from child labor reform in the Second Industrial Revolution, this Note argues that stopping Big Tech’s harm to children in the Fourth Industrial Revolution requires Congressional legislation and judicial avoidance of Lochnerian approaches to the Constitution. Like its Big Business predecessors, today Big Tech maximizes profits by harming kids, necessitating government intervention of this market failure. Despite noble attempts, state-based efforts have been rendered relatively ineffective due to legislative non-uniformity, interstate competition, and enforcement limitations. Likewise, federal regulations currently in place fall short and even shield Big Tech from liability. Consequently, Congressional action is urgently needed. Critically, …
Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence,
2026
University of Central Florida
Governing Algorithmic Attention: Attention Safeguard Models And The Cognitive Attentional Standard As System Level Interventions In Human Computer Interaction, Behavioral Economics, And Artificial Intelligence, Delante Clark
Graduate Scholarship and Creative Works
Algorithmic recommendation systems and interface designs shape attention by combining visually salient cues with uncertain reward timing and low friction interaction. These conditions can sustain anticipatory checking, extend time on task, and reduce natural disengagement points through patterns such as infinite scrolling and autoplay. This paper synthesizes research across neuroscience, human computer interaction, behavioral economics, and artificial intelligence to argue that attention capture is a predictable outcome of incentive driven design rather than an individual failure of self regulation. It advances the Attention Safeguard Models and the Cognitive Attentional Standard as system level interventions that regulate exposure conditions, pacing, and …
Can Technology Augment Order Writing Capacity At Regulators?,
2026
National Law School of India University
Can Technology Augment Order Writing Capacity At Regulators?, Natasha Aggarwal, Amrutha Desikan, Bhavin Patel, Satyavrat Bondre, Dipyaman Sanyal
Indian Journal of Law and Technology
This article critically examines the opportunities and challenges of using technology, in particular Large Language Models (‘LLMs’), to assist regulatory order writing in quasi-judicial settings in India. It proposes augmenting rather than replacing human decision-makers, aiming to improve regulatory order writing practice through responsible use of LLMs. This article identifies the core principles of administrative law that must be upheld in these settings and analyses how inherent limitations of LLMs may undermine these principles. The article reviews international frameworks and case studies from various jurisdictions, highlighting common design principles. It proposes a comprehensive Problem-Solution-Evaluation ('PSE') framework for responsibly integrating LLMs …
Table Of Contents,
2026
Seattle University School of Law
How The Dod Discourages Military Families From Seeking Mental Health Counseling,
2026
Seattle University School of Law
How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch
Seattle University Law Review
The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.
The lack of comprehensive data collection by …
Fourth Amendment Anti-Theory,
2026
University of Utah S.J. Quinney College of Law
Fourth Amendment Anti-Theory, Matthew Tokson
Michigan Law Review
A review of The Digital Fourth Amendment: Privacy and Policing in Our Online World. By Orin Kerr.
Volume 49 Masthead,
2026
Seattle University School of Law
2025,
2026
Seattle University School of Law
2025, Richard Delgado
Seattle University Law Review
"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."
-excerpt from Kevin Johnson's review of 2025
Veiled Justice: Secularism And The Hijab Across Democracies,
2026
Seattle University School of Law
Veiled Justice: Secularism And The Hijab Across Democracies, Mohamed ‘Arafa
Seattle University Law Review
For much of 2022, Iran was gripped by widespread protests led by women who openly challenged the regime’s authority, particularly its compulsory veiling laws, following the death of Mahsa Amini in police custody. Women around the globe came around and showed solidarity with the women in Iran. However, in non-Islamic countries and societies, one can still make out many prejudices and stereotyping connected to the question of whether and to what extent veiling is mandatory for women according to Shārīe’ā law. Is wearing the hijab a choice, or rather, an essential religious practice that religious Muslim women need to obey? …
Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation,
2026
Seattle University School of Law
Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer
Seattle University Law Review
Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …
Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025,
2026
Seattle University School of Law
Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson
Seattle University Law Review
Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars. Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.
The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy. As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text, making the argument for the regulation of hate speech, forcefully challenging the Black/white binary of civil rights that long dominated …
International Law’S Forgotten Refugees—Palestinian Refugees In Egypt,
2026
Seattle University School of Law
International Law’S Forgotten Refugees—Palestinian Refugees In Egypt
Seattle University Law Review
This Article examines the legal and humanitarian crisis facing Palestinian refugees who have fled to Egypt amidst the ongoing violence in Gaza. While escaping active conflict, these refugees face systemic barriers to employment and education, rendering their living conditions precarious and unsustainable. The unique legal status of Palestinian refugees stems from the fact that they have been excluded from the 1951 Refugee Convention and its 1967 Protocol, leaving them without any meaningful international protection. This exclusion is rooted in the political complexities of the Palestinian struggle for self-determination and reflects a fragmented legal framework that prioritizes limited humanitarian aid over …
On The Right To Obscurity,
2026
Boston University School of Law
On The Right To Obscurity, Woodrow Hartzog, Evan Selinger
Faculty Scholarship
Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into our secluded spaces and breaches of our confidentiality and secrecy, they have largely failed to protect our most common yet also our most underappreciated form of privacy: the practical obscurity that allows us to live freely and with dignity. Obscurity, which is the state of protection that arises when personal information is difficult for some people to obtain or correctly interpret, serves several vital interests: (1) it safeguards our ability to express ourselves without fear that everything we …
The Preventative Care Gap: Completing The Aca’S Vision For Health,
2026
Seattle University School of Law
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
Seattle University Law Review
This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.
This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …
Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands,
2026
Seattle University School of Law
Land Without Legacy: The Case For Market-Based Appraisals On Hawaiian Home Lands, Alexis C. Owens
Seattle University Law Review
The Hawaiian Homes Commission Act of 1920 (HHCA) was enacted to restore Native Hawaiians to ancestral lands and promote long term economic self-sufficiency. More than a century later, that promise remains unfulfilled. This Note argues that a central but overlooked barrier lies in the HHCA’s mandated use of the replacement cost appraisal method, which systematically undervalues homestead properties by excluding market forces. In one of the most expensive housing markets in the United States, this approach suppresses home equity, the primary means of intergenerational wealth building, and restricts beneficiaries’ access to credit and financial stability. By severing the connection between …
Reimagining Legal Education: The Transformative Power Of Small-Group Instruction,
2026
Seattle University School of Law
Reimagining Legal Education: The Transformative Power Of Small-Group Instruction, Michael I. Meyerson
Seattle University Law Review
Legal education is failing its students. Those entering their first year of law school have greater anxiety and less developed reading and writing skills than ever before. The traditional large Socratic class, which was never the most effective teaching method, has become increasingly counterproductive.
This Article contends that small-group instruction provides the opportunity for superior teaching, especially for first-year law students. Recent scholarship in active learning, educational psychology, and students’ mental health demonstrates the limitations of the traditional large Socratic class experience. Building on that theoretical foundation and informed by sustained classroom experience, this Article argues that small-group pedagogy more …
The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded,
2026
Seattle University School of Law
The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold
Seattle University Law Review
For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …
Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright,
2026
University of Georgia School of Law
Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright, Abbey Brantley
Georgia Journal of Law & Technology
Over the past decade, social media has enabled an increasing number of people to pursue influencing as a full-time career on platforms such as TikTok, Instagram, and YouTube. To succeed commercially, these creators make repeated stylistic choices that both conform to online trends and project a carefully curated persona. As these personae become profitable, however, they also become susceptible to imitation. This dynamic raises the question whether copyright law, specifically the doctrine of character copyright, can protect influencers from unauthorized copying of their online identities. This Note argues that influencer personae do not and should not qualify for such protection, …
When Artificial Intelligence Becomes Emotional Intelligence: Rethinking Section 230 Liability For Ai As A Pseudo-Therapist,
2026
University of Cincinnati College of Law
When Artificial Intelligence Becomes Emotional Intelligence: Rethinking Section 230 Liability For Ai As A Pseudo-Therapist, Kennedy Aikey
University of Cincinnati Law Review
No abstract provided.
Urgensi Pertanggungjawaban Pidana Korporasi,
2026
Universitas Indonesia
