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Table Of Contents

Seattle University Law Review

Table of Contents

Navigating Radical Indeterminacy In The Struggle For A Global Collective Consciousness: The Question Of Eco-Justice And Law Or Universalize The Pluriverse: A Manifesto, More Or Less, Omar Auf

Theses and Dissertations

The processes of interpretation, communication, and re-interpretation leads to the emergence of an approximated collective consciousness, for which it may be struggled and contested by hegemonic. The dominant forces of this contest, capitalism and nationalism, lead to an interdivided world: one that possesses the tools to empathize with each other but is instead leading people to keep their heads down and focus on surviving their own contexts, perceived as existing within different historical times on the same timeline. This leads to legal and justice systems that fail their claim to universality and/or impartiality. Incorporating an ecological lens to justice within …

Antara Idealisme Dan Pragmatisme: Hukum Yang Efisien Sebagai Sarana Pembangunan, Reynaldi S. Prayoga

Jurnal Hukum & Pembangunan

This articles aims to analyze the Development Law Theory through the lens of efficiency in Economic Analysis of Law (EAL), particularly by employing the concept of welfare maximization and offering legal criteria as a means of development. The Development Law Theory formulated by Mochtar Kusumaatmadja emphasizes the function of law as an instrument of social reform to support national development. In practice, however, the will of those in power claimed to be part of the development agenda has often been justified through the use of legal instruments, thereby riskingthe obscuring of social objectives of development itself. This is due to …

The Eunomics Of Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted by an area of law. Yet, unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither preordained nor wholly contingent. Instead, eunomics sees form as playing an important role in clarifying and developing the goals of an area through a means-ends interaction. This Article develops the central insights of Fuller’s eunomics project for intellectual property. Until now, most theoretical accounts of intellectual property …

Indian Copyright Law In The Age Of Genai: Knowledge/Power, Patchwork, And Peril, Lokesh Vyas, Luca Schirru

Indian Journal of Law and Technology

Isn’t copyright law an analog relic, striving to stay relevant in a digital world and hoping to survive an AI-driven and quantum-coded future? We argue it is. It is a law, born in a world of paper and print, now finding itself (again) patching its foundations to keep pace with generative AI (‘GenAI’). This unruly, still-developing technology not only redefines creative processes but also challenges the very assumptions of authorship, creativity, and copying. While discussions on this technology and copyright law abound, amid all the noise, one question simmers beneath the surface: ‘Is the very way we approach GenAI and …

A Human Enablement Theory Of Copyright, Akshat Agrawal

Indian Journal of Law and Technology

Copyright policy, designed to protect creators and disseminators from market imperatives, has ironically deepened their market dependency. This transformation stems from two critical theoretical errors: first, the “incentives”/“reward for labour” story that mistakes protection from market pressures for market encouragement; second, market fundamentalism that treats exclusionary rights as natural and as the source of “liberty”. These misconceptions, reinforced by fallacies about pre-social creativity and physicalism, have transformed copyright from an enabler in a market society into one that commodifies creative expression itself, intensifying rather than ameliorating the economic vulnerability of cultural producers.

This theoretical misunderstanding has produced three interlocking harmful …

The Punishment Paradox, Steven Arrigg Koh

Faculty Scholarship

What does criminal punishment do? Across centuries of criminal legal thought, a shared answer persists: punishment incapacitates the wrongdoer. And yet punishment sometimes yields its opposite. Paradoxically, punishment sometimes becomes a rallying point-expanding community identification and solidarity around the defendant. This Article shows this punishment paradox using the 2023-24 prosecutions of President Trump and recent and historical case examples-from Luigi Mangione to Karen Read to Rosa Parks. By arguing that criminal law can generate solidarity rather than stigma, the Article both rethinks foundational theories of punishment and reconsiders the role of criminal law in democratic politics. Such an approach transcends …

Dignity By Design: A Human-Centered Framework For Ethical Ai, Armin Tadayon

Washington and Lee Journal of Civil Rights and Social Justice

The launch of ChatGPT in November 2022 has triggered a global arms race–both among private technology companies and between nation states–for dominance in the field of Artificial Intelligence (AI). If this nascent technology, which is permeating every aspect of our lives as more companies across multiple sectors deploy it for a variety of functions, malfunctions or behaves in unanticipated ways, it can severely affect individuals in their day-to-day lives with broader consequences for society at large. As such, as AI permeates every aspect of our lives, and in some instances, begins to replace humans and human decision-making, it is imperative …

What's The Point Of Reparation?, Daniel Fryer

Articles

Despite its ancient history in philosophical and legal thought, importance to progressive social movements, and relative simplicity as a notion of fairness—if you break something, you ought to fix it—reparative justice is largely misunderstood. This is problematic given increasing calls for reparation from historically disadvantaged groups. Rather than assessing the validity of these claims, this Article addresses a fundamentally antecedent issue: what’s the point of reparation? Rejecting arguments that claim reparation is about compensation, supplementing distributive justice, and reconciliation, I argue that the point of reparation is to repair unjust social relations created by past wrongdoing. The relational theory of …

Goods, Practices, Excellence, And The Law: Steps To An Internal Theory Of Value, Rowan Gray

CMC Senior Theses

Practices are the coherent and complex social activities we spend much of our lives engaging in. This category encompasses everything from figure skating to wine-tasting to friend relationships. We gain immense value from participating in practices, and philosophers have articulated a number of accounts for where the value emerges from and how we can best experience it. Many of these theories are ‘externalist’, because they posit that value is incidental to practices and emerges from outside of them.

In contrast, this thesis will argue that the value in practices is internal to each practice. The value comes from each practice’s …

Constitutional Powers Midterm Exam, Jordan Reitzfeld

Open Educational Resources

Students apply constitutional principles and court decisions to contemporary questions about the powers of Congress, the president, and the judiciary. They defend positions on possible reforms and analyze property rights, copyright, and trademark issues.

From Governed To Subjected: The Supreme Court And The Collapse Of Rule-Of-Law Adjudication, Katherine E. Schwab

CMC Senior Theses

This thesis argues that the Supreme Court is producing a structural crisis in rule-of-law adjudication through three converging mechanisms: the expanded use of the shadow docket, the cynical appropriation of precedent, and the dominance of strict originalism. Each independently undermines the conditions that distinguish legitimate governance from the mere exercise of coercive power. Together, they replace the general, stable, publicly intelligible norms the rule of law requires with the successive pronouncements of whoever currently holds interpretive power.

The thesis develops its argument in three stages. First, drawing on Antonin Scalia's account of rule-like precedent and Jeremy Waldron's layered theory of …

Legal Stories Without Villains, Alison Peck

Law Faculty Scholarship

Lawyers have always been storytellers, and cognitive science is increasingly demonstrating that human beings are wired to learn through story. But legal stories may have a dark side if, as theorists have recently suggested, stories motivate pro-social action by reinforcing in-group identification and out-group hatred. In an increasingly divided polity, are we doomed to stories that drive us toward social disintegration? A solution to the legal storyteller’s dilemma may be found in an ancient source: Aristotle’s Poetics. By crafting legal stories that track the elements of the Tragedy as described by Aristotle and adapted by modern storytellers from Broadway …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Publications

No abstract provided.

Law As A Form Of Life: On Capitalism And Critical Theory, Justin Deystone

Publications

No abstract provided.

Plea Bargaining And The Destruction Of Procedural Justice: A Theoretical And Empirical Critique Of Fairness In The U.S. Legal Sphere, Emma Scillitani

Honors Theses

This thesis examines the legal process of plea bargaining as it currently operates within the criminal justice system in the United States. Through both an empirical and theoretical evaluation of this procedure, it analyzes how plea bargaining exists in practice and whether it can be considered a fair mechanism of case resolution. This project investigates the practice on a molecular level through its presence at a county-level court jurisdiction, which represents broader structural implications of the national legal system. Furthermore, it identifies three central factors that drive the overutilization of plea bargaining: power asymmetry, information, asymmetry, and case processing time. …

The Other Side Of The Glass Cliff, Angela Onwuachi-Willig, Kellye Testy

Faculty Scholarship

First articulated by researchers Michelle K. Ryan and S. Alexander Haslam in 2005, the glass cliff theory posits that individuals from traditionally underrepresented groups in leadership, such as women and people of color, are more likely to obtain executive leadership positions during times of crisis, which means that such leaders take on their roles under conditions where they are more prone to fail. In this Essay, we focus on what we have termed “the other side of the glass cliff”: the intentional steps that women and people of color leaders in the legal academy have taken to build structures that …

The Law And Ai As An “Apex Collaborator”: Legal Frameworks For Optimized Cooperation, David S. Filippi, Bill Tomlinson, Andrew W. Torrance

FIU Law Review

Law fundamentally exists to enable human cooperation, providing frameworks for everything from basic contracts to complex international agreements. As artificial intelligence systems grow more sophisticated, they may enable new ways that collaborative activity can occur. We posit the possibility of a new kind of AI entity: the “Apex Collaborator,” a computational system with capabilities for cooperation and partnership that are superior, in at least some ways, to those of humans. Just as apex predators shape the ecosystems in which they live through predation, Apex Collaborators would shape human-AI networks through their ability to enhance peaceful coexistence, collective problem-solving, and shared …

Owning Trading Opportunities, Kevin Douglas

FIU Law Review

Owning Trading Opportunities identifies the doctrines and policy rationales used to protect property rights in corporate opportunities. It then explores adopting these doctrines and rationales to reform the notions of "fairness," "public interest," "investor protection," "market confidence," and "economic efficiency" driving the regulation of insider trading.

This approach yields several benefits. First, it shows that a policy commitment to equal trading opportunities for all investors is the functional equivalent of a commitment to fostering equal access to information for all investors. The U.S. Supreme Court attempted to reject the latter but failed by embracing the former.

Second, corporate opportunity cases …

Let’S Talk About The Biological Reality Of Sex, Baby, John Parsi

FIU Law Review

Sex is at the very core of individual identity. It affects the conception of the self and the way others view the individual. Every day, one’s sex may open and close doors, access to communities, and opportunities. Laws that define sex may affirm scientific knowledge and protect people, or threaten to unravel the facts and the reality of sex. A deep unmooring of sex is underway, and this Article aims to halt it. On day one of the current presidential term, January 20, 2025, President Trump signed an Executive Order on “Defending Women from Gender Ideology Extremism and Restoring Biological …