Social Welfare Law Commons^™

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Defining Deference: Impacts Of Abandoning Chevron On Emerging Technology Governance And Administrative Law, R. Aubrey Davis Iii

Seattle University Law Review

Emerging technologies, particularly Artificial Intelligence (AI), often lead to unforeseen legal outcomes. Notable abuses in areas such as facial recognition, employment bias, and housing discrimination are well known. However, legislative responses to these issues either have been largely reactive or there has been no legislative response at all. In lieu of legislation, agencies have sought to fill the gap. For example, the Federal Communications Commission (FCC) recently proposed a rule mandating voter notification for all AI-generated political phone calls citing the Telephone Consumer Protection Act (TCPA) of 1991 as authority. However, the TCPA was originally passed to curtail telemarketing, not …

Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget

Seattle University Law Review

This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …

Recognizing Injustice, Reclaiming Voices: Establishing A Missing Persons Database For Missing And Murdered Indigenous Women And Children In Nebraska, Bayly W. Watson

Department of Anthropology: Theses and Student Research

Indigenous people have been the victims of harsh persecution since the time of colonization; this has negatively impacted Native communities and has contributed significantly to the ongoing crisis of Missing and Murdered Indigenous Women and Children (MMIWC) across the United States and Canada. Under Legislative Bill 154, Richards et al. (2021) conducted an initial study to identify missing Native cases in Nebraska and in 2023, the Attorney General appointed a Missing and Murdered Indigenous People (MMIP) Liaison to help combat the number of missing Indigenous in the state. This thesis contributes to previous research by analyzing 20,049 reports from three …

The Undeserving Poor And The Marketization Of Medicaid, Elenore Wade

Buffalo Law Review

No abstract provided.

Conflicting Canons Of Construction: The Aftermath In Veterans’ Law, Carlissa R. Carson

Brooklyn Law Review

Until June 28, 2024, when the United States Supreme Court overturned decades of administrative law precedent, veterans' law judges, veterans, and practitioners alike would gather in the administrative law arena to watch an unpredictable battle: Chevron vs. Gardner. The outcome of bouts between these heavyweights was as unexpected as the plot twist in an M. Night Shyamalan film. As a result, our nation’s veterans were defeated. Federal courts tended to apply either Chevron (agency deference) or Gardner (veteran friendliness) and courts rarely mentioned both canons of construction in the same opinion. It was difficult to predict which canon of construction …

Completing Social Security: Paid Leave And The Social Security Act, Molly Weston Williamson

Journal of Legislation

The Social Security Act of 1935’s twin flagship programs, unemployment insurance and retirement benefits, each provide cash benefits to replace lost wages when income is cut off due to harms beyond our control. But the Social Security Act fails to protect workers against wage loss due to serious but temporary illness, which poses a risk to economic security that parallels job loss and old age. This missing insurance protection is better known today as paid leave.

The omission of wage loss insurance for serious illness leaves a profound gap in the Social Security Act that was recognized since the law’s …

Standard Of Proof In Child Welfare Cases, Guillermo Cintron

University of the District of Columbia Law Review

The lack of federal standards at the most crucial decision points of child welfare cases allows agencies across the country charged with ensuring the safety of children to abuse their authority by overregulating and policing Black and Brown families while interfering with their constitutional right to family integrity. Throughout this paper, I will share my experiences working in child welfare. Since 2001, I have worked with children and families in various roles involving the child welfare system. Over the course of my career, I have worked with children in foster care, providing therapeutic services as a case manager working with …

Tourism Resource Development Of Railway Heritage - A Case Study Of Blue Train Taragi, Muneharu Yasumoto

Japanese Society and Culture

The purpose of this thesis is to examine the utilization of railway heritage for tourism, using the example of Blue Train Taragi in Taragi Town, Kumamoto Prefecture. Railway fans are individuals who hold an interest and curiosity in the components necessary for railway operations, including vehicles, tracks, structures, and stations. The experiences of railway fans, who often venture beyond their daily surroundings, can be considered as part of tourist activities. To utilize railway heritage that no longer serves as a transportation service as a tourism resource, it is crucial to create content that allows visitors to experience how it was …

Self-Evolvability—The Ability To Utilize Artificial Intelligence—Definition, Validity, And Policy Implications, Koichi Kume, Hiroyuki Chuma

Japanese Society and Culture

To make full use of the potential of new technologies, including artificial intelligence, it is necessary to switch to a way of thinking and working that is friendly to technology. In this regard, this study examines the concept of “self-evolvability,” which is defined as a mixture of meta-cognition, "informating" everything, and pursuing a shared benefit and desire for self-change. Using survey results in Japan and the United States., we construct a self-evolvability variable and confirm unique features that differ from existing measure, and quantitatively analyzed the relationship between self-evolvability, acceptance of new technologies, provision of personal data, and approval or …

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Statutes And Special Interests, Kirsten Matoy Carlson

Northwestern University Law Review

Who really decides what statutes say? Most Americans think that special interests play an outsized role in our lawmaking processes. Yet empirical studies have produced little evidence that special interests get everything, or even most of, what they ask for from Congress. This Article takes an innovative new approach to tackling the difficult question of how advocates influence legislation. It presents the first comprehensive empirical study of how advocates influence the law through amendments in the legislative process. The Article analyzes an original dataset of 2,137 witnesses and their testimony at referral hearings on 108 Indian-related bills in the 97th …