Open Access. Powered by Scholars. Published by Universities.®

Law and Politics Commons

Open Access. Powered by Scholars. Published by Universities.®

6,814 Full-Text Articles 5,763 Authors 7,714,821 Downloads 233 Institutions

All Articles in Law and Politics

Faceted Search

6,814 full-text articles. Page 16 of 223.

The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter 2025 CUNY John Jay College

The Impact Of Mental Health Courts On Public Attitudes Held Toward Justice-Involved Individuals With Mental Illness, Maeve Porter

Student Theses

Prior research has established that mental health court programs play an important role in reducing recidivism and mental health symptoms of defendants. However, there is a lack of understanding of the stigma that justice-involved individuals may encounter upon release from mental health court into the community, and the extent to which the general public is aware of mental health court programs. The present study sought to address public perceptions regarding mental health courts, their efficacy, and their participants based on the awareness and availability of these specialized courts in two similar states (New York and New Jersey), one in which …


Teaching Law Through Art: On Magic, Emotions, And Resistance, Hamsini Marada 2025 Jindal Global Law School

Teaching Law Through Art: On Magic, Emotions, And Resistance, Hamsini Marada

Socio-Legal Review

This is an auto-ethnographic article in which the author reflects on her research in art and law, the legal academic culture, and the ways in which her art practice (painting and photography) informs her teaching pedagogy. The author uses theoretical works of scholars like Paulo Friere and bell hooks as foundational texts to address how an emotional and care-based approach to teaching can be developed through engagement with art in law classrooms. This theory is substantiated with anecdotes from the author's experience of teaching electives on art and law and core courses like Criminal Law and Intellectual Property Rights. By …


Changemakers : Camille Capraro : Juris Doctorate : Working For The Ocean State's Future 08-2025, Roger Williams University School of Law 2025 Roger Williams University

Changemakers : Camille Capraro : Juris Doctorate : Working For The Ocean State's Future 08-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta 2025 Columbia Law School

Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta

Faculty Scholarship

In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific goals of anti-discrimination law is the relationship between individuals and groups. If a constitutional order aims to take equality seriously, how should it address the experiences of specific groups historically subjected to discrimination? Indeed, questions of equality and discrimination often converge around the issue of affirmative action, sometimes at the expense …


Technoscientific Imaging And The Territorialization Of Ocean Depth, João Afonso Baptista, Pedro Figueiredo Neto, Irus Braverman, Philip Steinberg, Gabriella Palermo, Stefan Helmreich, Melody Jue, John Childs 2025 Instituto de Ciências Sociais – Universidade de Lisboa

Technoscientific Imaging And The Territorialization Of Ocean Depth, João Afonso Baptista, Pedro Figueiredo Neto, Irus Braverman, Philip Steinberg, Gabriella Palermo, Stefan Helmreich, Melody Jue, John Childs

Journal Articles

Once the last unclaimed solid expanse on Earth, the ocean floor has become one of the most contested spaces in contemporary geopolitics. The data-imagery produced by technoscience serves as the ultimate tool for nations asserting sovereignty in this territorial race. This symposium gathers diverse perspectives on the ongoing expansionist drive on the seabed, drawing inspiration from Abissal——a film-article featuring the Portuguese modern odyssey on the ocean floor that serves as the symposium’s centerpiece. Aligned with modern ocean law, technoscience strives to render ocean depth visible to politics and territorializable for coastal states. However, the submerged prolongations and divisions it proffers …


The Collapse Of Negara Hukum: How Indonesia’S Rule Of Law Has Been Shaped By Embedded Oligarch Politics?, Herlambang Perdana Wiratraman 2025 Universitas Gadjah Mada

The Collapse Of Negara Hukum: How Indonesia’S Rule Of Law Has Been Shaped By Embedded Oligarch Politics?, Herlambang Perdana Wiratraman

The Indonesian Journal of Socio-Legal Studies

This article argues recent performance of the rule of law in the 25-years period after Soeharto’s authoritarian regime. Why has there been a weakening of civil liberties, while on the other hand the oligarchic power and authoritarianism strengthens the current Indonesia’s politics. This article examines the prevalence of arbitrary practices, not only in the fair procedural process of law enforcement, but also why it is so easy to pass anti-democratic laws that contradict the principles of the rule of law. By referring to three specific case studies: free expression, academic freedom and press freedom, this article found that politics in …


Popular Originalism, Thomas G. Donnelly 2025 Brigham Young University Law School

Popular Originalism, Thomas G. Donnelly

BYU Law Review

Scholars are obsessed with the Roberts Court’s recent turn to history and tradition. But another source of authority has also emerged as an important feature of the Roberts Court’s approach to constitutional cases. In previous work, I have referred to this source of authority as popular meaning. While original meaning identifies the best reading of the Constitution’s text at the time of its ratification, popular meaning draws on sources of authority outside the courts to capture the constitutional views of the American people today. In this Article, I demonstrate how interpreters might draw on the Constitution’s popular meaning to help …


Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean Cohen 2025 Columbia University

Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.


The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun 2025 Seattle University School of Law

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …


Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay 2025 Seattle University School of Law

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …


The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker 2025 Seattle University School of Law

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …


A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood 2025 Seattle University School of Law

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …


Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer 2025 Seattle University School of Law

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …


A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross 2025 Seattle University School of Law

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …


Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith 2025 Seattle University School of Law

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …


Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy 2025 Seattle University School of Law

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …


Table Of Contents, 2025 Seattle University School of Law

Table Of Contents

Seattle University Law Review

Table of Contents


Volume 48 Masthead, 2025 Seattle University School of Law

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead


Constitutional Futurism As Pedagogy, Jeremiah Chin 2025 Seattle University School of Law

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …


The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker 2025 Seattle University School of Law

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …


Digital Commons powered by bepress