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

Litigation Commons

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

6,872 Full-Text Articles 5,819 Authors 6,268,837 Downloads 152 Institutions

All Articles in Litigation

Faceted Search

6,872 full-text articles. Page 1 of 175.

Hearsay In High Definition: Body-Worn Cameras And The Future Of Intimate Partner Violence Prosecutions, Kenechukwu Okocha 2027 American University Washington College of Law

Hearsay In High Definition: Body-Worn Cameras And The Future Of Intimate Partner Violence Prosecutions, Kenechukwu Okocha

Working Papers

Technological advances in documenting police encounters with the public have outpaced evidentiary hearsay rules. Specifically, the rapid adoption of body-worn cameras (BWCs), fueled by racial justice and police reform advocates, has produced previously unavailable, vivid, and timely recordings of IPV victims’ accounts of abuse. Unfortunately, state and federal rules governing hearsay often prevent juries from considering these out-of-court statements. Such restrictions carry particular force in IPV cases, where victims frequently recant or decline to testify at trial due to abuser manipulation or distrust of the criminal justice system.

Courts and legislatures have eased some evidentiary restrictions in IPV cases in …


Masthead, 2026 Seattle University School of Law

Masthead

Seattle University Law Review

No abstract provided.


Table Of Contents, 2026 Seattle University School of Law

Table Of Contents

Seattle University Law Review

No abstract provided.


Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell 2026 Seattle University School of Law

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …


Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King 2026 Seattle University School of Law

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …


Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous 2026 Seattle University School of Law

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …


Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young 2026 Seattle University School of Law

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …


Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin 2026 Washington and Lee University School of Law

Brief Of Amici Curiae Scholars For The Advancement Of Children’S Constitutional Rights In Support Of Respondents: St. Mary Catholic Parish V. Roy, Catherine Smith, Tanya Washington, Robin Walker Sterling, Suzette Malveaux, Barbara Bennett Woodhouse, Sara S. Hildebrand, Abigail L. Fleming, Jeremiah Chin

Scholarly Articles

This Court should consider those most directly impacted by the decision in this case: the intended beneficiaries of Colorado’s Universal Preschool Program (“UPK”), Colorado’s children. To paraphrase Shakespeare, though they be but little, they are constitutional rights-bearers and are thus entitled to be free from state-funded discrimination.

Amici are scholars of children and the law, education law, family law, and anti-discrimination law. Amici draw this Court’s attention to the significant harms children in the LGBT community would bear should Colorado be compelled to allow state-funded religious schools to discriminate against preschoolers. Exempting religious schools from the State’s equal-opportunity and antidiscrimination …


Deemed Acceptance, Not Deemed Consent: Nonvoting Stakeholders And A Uniform Conspicuousness Standard For Opt-Out Third-Party Releases, Zach Cavagnaro 2026 Texas A&M University School of Law

Deemed Acceptance, Not Deemed Consent: Nonvoting Stakeholders And A Uniform Conspicuousness Standard For Opt-Out Third-Party Releases, Zach Cavagnaro

Student Scholarship

After Harrington v. Purdue Pharma, the fight over third-party opt-out releases has shifted from whether consent is necessary to what consent means. The Supreme Court held that the Bankruptcy Code does not authorize non-consensual nondebtor releases outside 11 U.S.C § 524(g), and—critically—left out what exactly counts as consent. The fight over consent is expected to command a lot of litigation, so a simple, uniform conspicuousness standard for nonvoting stakeholders’ opt-out releases can help alleviate litigation costs and focus on the definition of consent. This Comment argues that courts should evaluate consent through a unified, contract-law-grounded conspicuousness standard calibrated to the …


Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh 2026 Qatar University

Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …


Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge 2026 Villanova University Charles Widger School of Law

Acting Under Scrutiny: The Limits Of Federal-Officer Removal In Attorney General Of New Jersey V. Dow Chemical Company, Justin W. Berge

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd 2026 Villanova University Charles Widger School of Law

Drawing A Line In The Mud: The Fifth Circuit's Narrow Reading Of Louisiana's Infrastructure Trespass Statute In White Hat V. Murrill, Andrew J. Lloyd

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong 2026 Villanova University Charles Widger School of Law

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates 2026 University of Maine School of Law

Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates

Maine Law Review

Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …


The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza 2026 University of New Hampshire

The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza

UNH Sports Law Review

The Supreme Court’s decision in Murphy v. N.C.A.A. dismantled the federal prohibition on state-authorized sports betting and returned its primary regulatory authority over to the states. Following Murphy, states adopted widely varying sports-betting regimes. At the same time, advances in financial technology and the growing popularity of prediction markets created a new form of event-based speculation operating outside the traditional sportsbook model. Platforms such as Kalshi began offering “yes-no” contracts tied to sporting outcomes through federally regulated exchanges overseen by the Commodity Futures Trading Commission, framing such products not as wagers, but as financial derivatives governed by the Commodity Exchange …


الإجتهاد اللبناني, POEJ 2026 Saint Joseph University of Beirut

الإجتهاد اللبناني, Poej

Proche-Orient, Études juridiques

No abstract provided.


Le Contrat De Jeu Et De Pari En Droit Civil, Imad Nahas 2026 Saint Joseph University of Beirut

Le Contrat De Jeu Et De Pari En Droit Civil, Imad Nahas

Proche-Orient, Études juridiques

No abstract provided.


L'Originalité Du Régime Juridique De L'Exécution Des Actes De Commerce, Georges Naffah 2026 Saint Joseph University of Beirut

L'Originalité Du Régime Juridique De L'Exécution Des Actes De Commerce, Georges Naffah

Proche-Orient, Études juridiques

No abstract provided.


Compensation Des Créances Connexes, Ibrahim Fadlallah 2026 Saint Joseph University of Beirut

Compensation Des Créances Connexes, Ibrahim Fadlallah

Proche-Orient, Études juridiques

No abstract provided.


Real Promise For False Claims: A Whistleblower Litigation Strategy To Reward Investigative Journalism, Frank D. LoMonte 2026 University of Washington School of Law

Real Promise For False Claims: A Whistleblower Litigation Strategy To Reward Investigative Journalism, Frank D. Lomonte

Washington Law Review

Every year, investigative reporters uncover stories of waste, fraud, and corruption, alerting the government to taxpayer ripoffs that had previously gone undiscovered or ignored. For decades, non-journalists have been reaping windfall rewards—sometimes in the millions—by using false-claims statutes to bring whistleblower actions on the government’s behalf. With news organizations struggling for their economic survival, and efforts to secure alternative financial support through government bailouts faltering, is it time for journalists to seek a share of the money they recoup for taxpayers by becoming plaintiffs?

This Article explores the possibilities, and downside risks, of using the federal False Claims Act, and …


Digital Commons powered by bepress