Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest,
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 …
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops,
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,
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. …
Constitutional Futurism As Pedagogy,
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 …
Table Of Contents,
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,
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 …
Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond,
2025
Pepperdine University
Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman
Pepperdine Dispute Resolution Law Journal
Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …
Collective Judo: Ethics And Access To Justice In Mass Arbitration Companies,
2025
Pepperdine University
Collective Judo: Ethics And Access To Justice In Mass Arbitration Companies, Michael Doman
Pepperdine Dispute Resolution Law Journal
Over the past five years, several law firms have engaged in “mass arbitration.” This strategy involves aggregating hundreds or thousands of arbitrations and filing them all at once against a company, sometimes forcing the company to either pay huge sums to defend all the claims or settle with all the claimants. This Article discusses how mass arbitration coordinated by nonlawyers and companies should be legally protected by courts and regulators, provided that companies in this space erect specific ethical safeguards. Most notably, mass arbitration companies should implement better procedures to obtain informed consent from their customers, using technology to lower …
Agreeing To Disagree: Abortion Jurisprudence In Jewish And Islamic Law,
2025
Brigham Young University Law School
Agreeing To Disagree: Abortion Jurisprudence In Jewish And Islamic Law, Rabea Benhalim
BYU Law Review
This Article challenges the prevailing perception that religious people and religious legal traditions are anti-abortion. While this may be true within certain conservative Christian perspectives, this perception is an inaccurate representation of Jewish and Muslim Americans and their respective legal traditions. Both the Jewish and Islamic legal traditions offer a range of nuanced positions on abortion. Furthermore, diverse opinions of Jewish and Islamic abortion jurisprudence inform a variety of topics salient to the current legal debate in the United States. This range of opinions includes strict limitations on abortion, circumstantial legality, and general permissibility. Scholars from both traditions engaged in …
The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection,
2025
Texas A&M University School of Law
The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney
Faculty Scholarship
Increasingly, jurisdictions around the world are exploring and implementing proactive, management-based regulation (PMBR) as an alternative to traditional regulatory approaches that discipline attorneys after misconduct occurs. This essay examines the proof and potential of PMBR to empower lawyers and enhance public protection, while transforming the relationship between regulators and practicing lawyers. The essay is based on the Distinguished Lecture the author delivered at the Joseph G. Miller and William C. Becker Center for Professional Responsibility at the University of Akron School of Law.
The Good Lawyers Of January 6,
2025
Cornell Law School
The Good Lawyers Of January 6, W. Bradley Wendel
Cardozo Law Review
Much of the response by the community of legal ethics and professional responsibility scholars to the 2020 presidential election has been focused on the wrongs committed by lawyers like John Eastman, Jeffrey Clark, and Kenneth Chesebro, who created the alternate elector scheme to throw the decision regarding the election to the House of Representatives. Yet there was a group of lawyers, that I will refer to as “the good lawyers of January 6,” who forcefully and unequivocally opposed this plan, refused to cooperate in its execution, advised Vice President Mike Pence that it was not legally supportable, and in some …
Ethics Accountability: The Next Era For Lawyers And Judges,
2025
University of Houston Law Center
Ethics Accountability: The Next Era For Lawyers And Judges, Renee Knake Jefferson
Cardozo Law Review
Five decades ago, United States Supreme Court Chief Justice Earl Warren delivered remarks that sound like they were written in the early 2020s: [O]ur profession has recently suffered greatly because a score of lawyers has been convicted or indicted for felonious conduct in the performance of their official duties in the highest reaches of our national government. . . . Their alleged criminal offenses pertain to serious violations of our system of justice and to the performance of basic functions of government. The inner sanctum of the White House has been tarnished, and the end of the debacle is not …
Taxing Litigation Finance,
2025
Benjamin N. Cardozo School of Law
Taxing Litigation Finance, Young Ran (Christine) Kim
Articles
The emerging litigation finance industry has the capacity to expand access to justice but also raises important legal and ethical questions. Although much has been said about the industry’s potential to increase frivolous lawsuits and permit improper control over a claim by the funders, scholarly discussion on the proper tax treatment of the parties involved has fallen by the wayside. The problem arises in classifying litigation finance contracts as either a nonrecourse loan, immediate sale, or variable prepaid forward contract, all of which discretely impact the timing and character of income. Unfortunately, courts have traditionally found it difficult to draw …
Symposium Introduction: Interrogating The Hidden Curriculum: Implications For Formation Of Professional Identity,
2025
University of Denver
Symposium Introduction: Interrogating The Hidden Curriculum: Implications For Formation Of Professional Identity, David I. C. Thomson
Sturm College of Law: Faculty Scholarship
This article provides an introduction to the Symposium, which was held at the University of Denver's Sturm College of Law on September 22 - 23, 2023. The Symposium brought together law professors who have taken up the call in the Carnegie Report and the ABA Accreditation requirement that we make broad and integrated effort to provide opportunities for law students to form their professional identities as future attorneys while they are in law school. The law professors invited to participate in the Symposium have worked and written in the area of professional identity for lawyers for many years, and are …
Brief Of Legal Ethics Scholars As Amici Curiae In Support Of Petitioner,
2025
American University Washington College of Law
Brief Of Legal Ethics Scholars As Amici Curiae In Support Of Petitioner, Susan D. Carle
Amicus Briefs & Court Filings
Amici curiae are leading legal ethics scholars with expertise regarding the rules, precedents, and other authorities regarding the professional responsibility and legal ethics obligations of lawyers. While this case involves protection of crucial Sixth Amendment rights of criminal defendants, it also implicates the professional responsibility and legal ethics obligations of attorneys representing clients at trial. Amici have a professional interest in ensuring that the Court is fully informed of the important professional responsibility and legal ethics issues in this case. Specifically, amici submit this brief to explain that the trial court's order in this case creates significant and serious problems …
Arts-Based Sustainability: From New York To Malawi,
2025
CUNY Lehman College
Arts-Based Sustainability: From New York To Malawi, Martha B. Lerski
Publications and Research
Recognizing that libraries serve multiple constituencies and subject areas, this chapter documents and advocates for development of transdisciplinary arts-based research (ABR) and culture-related projects linked to environmental challenges. Libraries contribute collections and spaces, as well as the research of library and information scientists. Libraries are currently among invisible contributors to sustainability planning and services. The chapter will link this invisibility to the value of what visual arts refer to as negative space elements in subjects ranging from traditional ecological knowledge to environmental science. Library collections, projects, and research contribute to education for sustainable development (ESD) as required to achieve the …
Curative Identity Formation Themes To Counteract Law School’S Hidden Curriculum,
2025
Texas A&M University School of Law
Curative Identity Formation Themes To Counteract Law School’S Hidden Curriculum, Aric K. Short
Faculty Scholarship
Especially given the sensitive and malleable life stage that many of our students are in, law schools should take meaningful steps to blunt and counteract the negative effects of the hidden curriculum, including in ways suggested in other articles in this symposium. One direct way to present countervailing messaging is through a required 1L course on professional identity formation (PIF). As described in this article, there are a number of benefits of explicitly addressing PIF topics early in law school, and doing so not only more effectively prepares our students to become practicing attorneys, it also responds directly to some …
Predicting Federal Third-Party Funding Regulation,
2025
Boston University School of Law
Predicting Federal Third-Party Funding Regulation, Victoria Shannon Sahani
Utah Law Review
Third-party funding is a global phenomenon, although regulatory enforcement is local. Regulatory approaches vary widely from country to country and within countries, especially in federal legal systems, such as Canada, Australia, and the United States. The United States federal government is learning about third-party funding with an eye toward potential future regulation. Congress has been investigating funding, as evidenced by testimony in congressional hearings, proposed federal legislation, and a nonpartisan study on third-party funding by the Government Accountability Office. In addition, after more than a decade of observation, the United States Federal Civil Rules Advisory Committee recently formed a committee …
The Pressure Points Of Professional Identity For Judges In The Modern Era,
2025
Indiana University Maurer School of Law
The Pressure Points Of Professional Identity For Judges In The Modern Era, Charles G. Geyh
Articles by Maurer Faculty
The duties core to the professional identity of a judge are encapsulated in an ethical directive at the literal forefront of the Model Code of Judicial Conduct, some variation of which all state and federal judiciaries have adopted. Rule 1.2 provides that “[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary[.]” This directive implicates three challenges, or pressure points, relevant to a judge’s identity: 1) insofar as judges begin their legal careers as practicing lawyers, when they ascend the bench their professional identities must transition from …
Hospitality Operators And Cannabis Tourism In The South: Insights On Policy & Regulations,
2025
University of Arkansas, Fayetteville
Hospitality Operators And Cannabis Tourism In The South: Insights On Policy & Regulations, Nick E. Johnston, Kelly Way, Chloe Tyner, Betsy Garrison
ICHRIE Research Reports
Cannabis tourism offers new opportunities for U.S. hospitality, although regional adoption is limited and complex due to diverse legal frameworks. Through qualitative document analysis (QDA) of regulatory frameworks in 14 Southern U.S. states, this study compares policies on consumption, sales, and employment in states with limited or emerging cannabis programs. Findings reveal that hospitality operators can enhance guest experiences by creating private, wellness-focused cannabis environments and advocating for gradual policy adjustments. However, compliance with strict consumption, licensing, and workplace rules is essential to mitigate legal risks. This study highlights the South's cannabis tourism potential within politically conservative markets, suggesting that …
