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    Decolonizing Clinical Pedagogy: Supervision Sessions

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    By decolonizing supervision, we mean the process by which clinical teachers could reimagine the traditional orthodoxy of clinical supervision in order to center and examine issues of race, power, privilege, and inequality together with our students and clients. For example, what are the roles of directive and non-directive approaches, particularly in surfacing issues of oppression during case supervision? How can decolonized, antiracist supervision sessions provide room for imagination and humility during difficult and hopefully courageous conversations about power and privilege? How can we make choices in the supervision setting that help our students more deeply understand the connections between their clients, historical and contemporary structures of racial and other forms of oppression, and the role of the law and legal systems? How can discussing positionality and the lived experiences of clinical teachers, students, and clients equip students with important analytical tools? Ultimately, our goal is to examine and apply an iterative freedom pedagogy that we see as essential to building an antiracist and decolonizing clinical teaching practice. In the session, we will engage participants in exploring possible strategies for effectively addressing issues of race, power, privilege, and inequality in supervision sessions with students. Both in the Rounds context last year and now with Supervision Sessions, we are building upon work that others have done in these areas and hope to push clinical pedagogy further in the direction of decolonizing and antiracism pedagogy

    SaCouto: The International Criminal Court has jurisdiction over crimes committed in Gaza

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    The International Criminal Court (ICC) has jurisdiction over crimes committed by nationals of non-member countries, if those crimes were committed on the territory of a member state, Susana SaCouto, head of the War Crimes Investigation Office at the Washington College of Law, told RFE/RL

    Can the Wagner Group Be Prosecuted Post-Prigozhin? Exploring the Viability of War Crimes Trials for Russia’s Irregular Forces

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    In late June 2023, Russia’s President Vladimir Putin made an extraordinary confession. Two days after Wagner Group chieftain Yevgeny Prigozhin abandoned his mutinous “March for Justice” on Moscow, Putin admitted that “the maintenance of the entire Wagner Group was fully provided for by the state.” After nearly a decade of denying that the Kremlin had backed the operations of one of the world’s most notorious paramilitaries, Putin disclosed that Russia’s Ministry of Defense poured nearly $1 billion into support for the Wagner Group’s operations from May 2022 to May 2023

    Hollywood\u27s Triple Threat: Writers, Actors, and Antitrust Regulators Take on the Streaming Giants

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    In the summer of 2023, Hollywood froze when actors, writers, and crew took to the picket lines. Their gripe: the recent mega mergers by media conglomerates. The Writers Guild Association and Screen Actors Guild American Federation of Television and Radio Artists joined forces to protest recent acquisitions by Disney, Amazon, and Netflix; these companies vertically integrated within the industry, which allowed them to exploit workers, limit content, and raise prices for consumers. In the same summer, the Department of Justice and Federal Trade Commission released Draft Merger Guidelines, which included thirteen new guidelines for evaluating whether a merger violates antitrust law. Congress passed the Sherman and Clayton Acts to prevent mergers and acquisitions that further anticompetitive conduct and harm the consumer. The Writers Guild of America West released a report in August 2023 naming Disney, Amazon, and Netflix as the “Gatekeepers” of Hollywood that are violating these laws and stated that if not stopped, they will continue to harm creators at the expense of consumers. This Comment will examine the recent acquisitions of these Gatekeepers through the lens of the eleven Merger Guidelines, which were officially issued on December 18, 2023. This Comment will conclude that the Gatekeepers’ recent acquisitions may have violated these Merger Guidelines, harming both consumers and talent

    State Taxing Power over Tribal Leasing Activity: Balancing Bracker with the Call to Modernize

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    Federal law operates on the premise that state jurisdiction does not interfere with American Indian jurisdiction, and it is generally accepted that states may not tax Indian entities or members. However, the Supreme Court held that there are circumstances in which states may extend taxation onto non-Indians residing on tribal lands. In cases where Indians believe that states are violating legislation or regulations prohibiting state taxation, the Court follows the Bracker balancing test, an interest balancing test that weighs state, federal, and tribal interests. As with most balancing tests, this test lacks strict guidance on how to properly weigh certain facts that demonstrate each party’s interest. As such, lower courts implement this test with inconsistent results. This Comment focuses on circuit cases from the Ninth, Tenth, and Eleventh Circuits, analyzing the Bracker balancing test as applied to the imposition of possessory interest taxes on non-member leasing agreements within tribal lands. This Comment identifies the faults of lower courts’ applications of Bracker, which result in different standards for burden incidence, state services, and federal regulations. Finally, this Comment recommends development of the Bracker analysis through modernization of the test, integration of agency regulations, and express congressional language regarding preemption

    Charter Schools and Emos: Who\u27s In Charge

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    Charter schools are a popular sight in the educational field today. For the IRS to consider a charter school a 501(c)(3) organization, nonprofit charter schools must be organized and operated exclusively for educational purposes, meaning purposes relating to the instruction of individuals to improve their capabilities. To be organized for educational purposes, the articles of the organization must limit the entity to educational purposes while also preventing the organization from engaging in substantial noneducational activities. To operate exclusively for educational purposes, an organization’s activities must be substantially in furtherance of educational purposes while also not substantially benefitting a private individual. This educational purpose requirement, however, does not preclude a nonprofit organization from participating in activities that are not strictly educational, provided that those activities are in furtherance of the educational goal of the organization

    Educating the Public: A Qualitative Study of YouTube Refugee Law Videos

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    This dissertation examines the underlying textual and visual messages of videos directed at the public about International Refugee Law through a Critical Discourse Analysis. Research questions and findings focus on the legal accuracy and implications, the portrayal of parties involved in domestic and international responses to refugees, and expectations of YouTube U.S. audiences. It highlights the miscommunication of law and history to YouTube viewers, the absence of refugee voices, the distinct spheres of discourse beneath which refugee agency can be seen, the underrepresentation of certain populations of refugees, the silence regarding racial and religious characteristics despite their extreme importance in refugee narratives and political responses, and the role of passivity to which the audience is relegated. Finally, it notes the communication of power and the messages’ practical implications

    Supreme Court Affirmative Action Decision Rapid Response Webinar

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    Seattle University School of Law hosted a webinar on Friday, June 30, 2023 that featured nationally renowned legal experts to analyze the impact of the recent U.S. Supreme Court decision that ruled race-conscious admission at colleges and universities unconstitutional. Welcome/Opening Seattle University President Eduardo Peñalver and Seattle University Law School Dean Anthony E. Varona Roundtable 1 The State and Fate of Affirmative Action after Students for Fair Admissions, Inc.: An analysis of what the Supreme Court did, how and why Moderator: Professor Deborah Ahrens (Seattle University Law Vice Dean for Intellectual Life) Featured speakers: Dean Michele Alexandre (Loyola University Chicago) Professor Jeremiah Chin (Boston University/Seattle University as of July 1) Professor Danieli Evans (Seattle University) Professor Lia Epperson (American University, formerly NAACP-LDF) Dean Dayna Matthew (George Washington University

    Cuban Immunity Crisis: How Sovereign Immunity Impacts Enforcing the Helms-Burton Act Against Business Ventures in Cuba

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    Part II of this Comment discusses the historical relationship between the United States and Cuba leading up to the Helms-Burton legislation, the rationale behind the Helms-Burton Act, and the history and application of the FSIA. Part III analyzes the Helms-Burton legislation to evaluate whether Title III of the Act implicitly waives sovereign immunity for actions against foreign sovereign nations. Additionally, Part III applies this analysis to show how the court should decide Exxon Mobil Corp. Part IV recommends steps to take to clarify the restrictions around litigation under Title III moving forward, as well as how to clarify the use of the Title as cases continue to file into the courts. Finally, Part V concludes by recapping the major rationale for the presence of the sovereign immunity waiver within Title III, as well as drawing attention to the uncertainty around Helms-Burton legislation under the changing political climate

    U.S. Supreme Court Applies a Subjective Standard for Scienter Under the False Claims Act

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    Discusses the unanimous June 1, 2023 Supreme Court decision, in United States ex rel. Schutte v. SuperValu, Inc. and United States ex rel. Proctor v. Safeway, Inc., that a subjective standard applies for the scienter element under the False Claims Act (“FCA” or “the Act)

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