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U.N.masking American Exceptionalism: How International Frameworks Can Inform American Indian Policy
No full text“U.N.masking American Exceptionalism: How International Frameworks Can Inform American Policy,” serves primarily to examine and criticize how American case law, such as Johnson v. M’Intosh, has been used in foreign courts to justify the Doctrine of Discovery and how, despite many other courts eventually acknowledging it as a harmful rule of law in meaningful ways, the United States has done no such thing. This Article walks through not only the legal cases both at home and abroad, but also delves into the historical background that led up to Johnson, examines the cases abroad that integrate the Doctrine of Discovery and Johnson, and then walks through the contemporary work that has been done in favor of Indigenous Peoples around the world. This work is highly critical of the apparent lack of a cross-dependent relationship between American and foreign courts in this area of law, in which the American court system has influenced the “legitimacy” of taking from Indigenous groups in other countries. In a modern society, where the harms of colonial pasts have been widely recognized, there are remedial options in which the American government–be that by legislation, diplomacy, or judicial ruling–can at least attempt to return as a global leader in a positive light rather than cling to an antiquated ideal that no longer fits into a post-colonial world
Connecticut
Full text linkIn general, the Connecticut commission is hostile to expansive definitions of mandatory subjects of bargaining, sometimes issuing decisions that are results-driven and an expression of a preference for the substance of the employer’s decision. There are a couple of distinctions between police and other units: The Commission is more likely to weigh safety on the side of bargaining for police than others. The Commission treats the requirement to bargain surveillance-based decision more expansively for non-police units than police-units.
The Commission is more likely to find subcontracting of police work to an outside agency to be a mandatory subject of bargaining
A New Exclusionary Rule to Protect Bodily Integrity and Discourage Pretext Stops
Full text linkThe 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 search. By decoupling exclusion from police culpability, the proposal creates a colorblind, no-fault framework that incentivizes less invasive policing. It is modeled as a legislative analogue to the Supreme Court’s immunity doctrine in Trump v. United States and aims to deter unnecessary and humiliating frisks while reducing the harms of racially disparate enforcement without relying on contested claims of discriminatory intent
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
Full text linkThe 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 up the majority of those producing works and seeking protection; it also covers theories of feminism which impact the underuti-lization of intellectual property protection. Part IV proposes solutions for development of copyright law to better encompass crafts and provide op-portunities to expand knowledge of copyright protection so that women, small business owners, and traditionally minority communities can utilize protections to which they are entitled to. Part V concludes
Student Life E-Newsletter March 31, 2025
Full text linkhttps://digitalcommons.law.seattleu.edu/studentlife/1183/thumbnail.jp
Student Life E-Newsletter February 18, 2025
Full text linkhttps://digitalcommons.law.seattleu.edu/studentlife/1178/thumbnail.jp
Student Life E-Newsletter January 21, 2025
Full text linkhttps://digitalcommons.law.seattleu.edu/studentlife/1175/thumbnail.jp
Washington State Bar Licensure Task Force Subcommittee on Ethics/Character Fitness Report and Recommendations
Full text linkThe Washington State Bar Licensure Task Force’s Subcommittee on Ethics/Character and Fitness (the Subcommittee) was created at the behest of Brent Williams-Ruth, the representative selected by the President of the Washington State Bar Association (WSBA or the Bar) to represent the Board of Governors on the Bar Licensure Task Force. His interest in modifying the Character and Fitness process took root after meeting Tarra Simmons during her experience with the Character and Fitness Board. After the WSBA Character and Fitness Board recommended that Simmons’s application to sit for the bar exam be denied, the Washington Supreme Court reversed that recommendation in a 9–0 decision issued the same day as the oral argument. In re Simmons highlighted the long overdue need to review the character and fitness assessment process and criteria. The Subcommittee was created to examine the character and fitness process and criteria and to make recommendations as needed. This report summarizes the Subcommittee’s findings and makes recommendations
Cruising Over Controversy: Addressing Discrimination Gaps in the Montreal Convention\u27s Framework
Full text linkHow the Antidiscrimination Law of Commercial Transactions Really Works
Full text linkA variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.
Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s repeated mischaracterization of the antidiscrimination law of commercial transactions as addressing the content of a commercial product or service—when that law instead focuses on the protected class status of those seeking to buy those products or services. Part III considers how unusual features of the dispute in 303 Creative may have contributed to, or exacerbated, the Court’s misunderstanding of the antidiscrimination law of commercial transactions. The Essay closes by noting how the Court’s misunderstanding of how the antidiscrimination law of commercial transactions really works likely contributed to its ultimate constitutional holding—and that this misunderstanding need not, and should not, extend to any other case