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Student Life E-Newsletter November 13, 2023
Get PDFhttps://digitalcommons.law.seattleu.edu/studentlife/1142/thumbnail.jp
Student Life E-Newsletter March 20, 2023
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Blood on the Tracks
Get PDFStreetcars were the greatest American tortfeasors of the early twentieth century, injuring approximately one in 331 urban Americans in 1907. This empirical study presents never-before-assembled data concerning litigation involving streetcar companies in California during the early twentieth century.
This Article demonstrates the methodological folly of relying upon appellate cases to describe the world of trial court litigation. Few cases went to trial. Plaintiffs lost about half their lawsuits. When plaintiffs did win, they won very little money. Regarding the bite taken out of the street railway company, the Superior Court was a flea.
Professor Gary Schwartz and Judge Richard Posner have presented inaccurate empirical data concerning early twentieth-century personal injury litigation. Professor Gary Schwartz was wrong to characterize tort law as generous. Likewise, Judge Richard Posner has been wrong to call tort law efficient. Like Professors Lawrence M. Friedman and Morton Horwitz, I see the amount taken from the street railway companies as quite small. However, I see no deliberate efforts to subsidize the industry
“Statistics Are Human Beings with the Tears Wiped Away”: Utilizing Data to Develop Strategies to Reduce the Number of Native Americans Who Go Missing
Get PDFOn New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they had last seen her “wandering into a field” and that she was intoxicated at the time. Once they heard she was missing, Selena’s family quickly went to the rest stop and began their own search.
Selena and her family had known tragedy. Selena’s twin sister died by suicide when she was just eleven years old; another sister had been struck and killed by a car; and a brother had been shot and killed by police officers in Billings. The law enforcement response to her disappearance was unusually swift, accounted for at least in part by the recent attention to the crisis of missing or murdered indigenous persons across Indian country. Tribal, federal, state, and local law enforcement—along with volunteers—scoured the area for any sign of Selena. Unfortunately, about three weeks after her disappearance, Selena’s body was found about a mile from where she had last been seen; the official cause of death was exposure to extreme natural cold.
In the forthcoming sections, this Article will continue to address the complexities of investigating missing person cases involving American Indians and Alaskan Natives. Section I begins with a discussion of the available data about missing persons and the various legal requirements for submitting that data. Section II outlines what is known about missing AI/AN individuals and the practical challenges to collecting accurate and complete data. Section III discusses legal considerations about missing person investigations involving AI/AN persons and the legal landscape as it affects collection of data about those cases. Finally, Section IV connects the data and legal considerations discussed in Sections I through III with possible public health solutions and other strategies that can reduce the number of missing AI/AN individuals
The Value of Vehicle-to-Grid Systems in the Clean Energy Transition: Policy and Regulatory Issues
Get PDFAs the United States transitions to clean energy, advances in technology are making such a transition possible by enabling utility-scale renewable energy generation (primarily wind and solar) and transportation electrification. However, the growth in renewable energy generation and electric vehicles (EVs) has created new reliability issues for the electric grid due to the intermittent nature of solar and wind power and increased load on the grid from EV charging. New methods and tools are needed to balance energy supply and demand. One such tool is the vehicle-to-grid (V2G) system, which uses EV batteries to help balance the grid, providing additional value beyond transportation and contributing to the clean energy transition.
This article advocates for the use of V2G at scale and surveys the policy, technology, and regulatory issues involved in making it successful. Part I argues that V2G should be used as part of the clean energy transition to address renewable generation reliability issues, reduce the grid strain caused by increased EV charging, and expand storage resources for the electric grid. Part II explains how several technology and infrastructure barriers to V2G viability have been reduced or eliminated and discusses issues that still require resolution. Part III makes policy and regulatory recommendations for integrating V2G into grids operating in vertically integrated, monopoly markets or in restructured markets and for resolving two issues central to V2G grid integration: ownership and compensation
From Spying to Mindreading: Expanding wiretapping legislation to protect customers’ privacy of thought from chat preview in online chat functions
Get PDFWhen you chat online, there is a space of time between when you type out your message and when you decide to send it. During this time, you might assume that you have the chance to read over your message, edit it, or even delete it if you don’t like what you’ve written- all without the other person seeing it. However, this is frequently not the case when consumers chat with customer service representatives, thanks to ‘chat preview.’ ‘Chat preview,” which goes be several different names throughout the chat software industry, is a feature that allows the person on end of a chat conversation to see what the other person is typing in real time, even before it is sent. While the data on how and where chat preview is currently being used is scant, the chat software companies that advertise chat preview boast an impressive list of clients, from small companies to industry giants like IKEA and McDonalds. This feature helps customer service representatives figure out what you are going to say before you’ve said it and respond accordingly. However, it also represents a unique type of privacy issue- should someone be able to see not just what somebody else has said, but also what they are about to say, or even what they have decided at the last minute not to say?
Chat preview carries with it the potential for serious breaches not just of data privacy but of thought privacy. It doesn’t take much effort to come up with any number of potentially scary applications of the ability to see messages a customer has decided not to send: these messages could be saved, stored, sold, or even held as leverage by a rogue customer service agent. This is to say nothing of what the government could do given access to what are basically unexpressed thoughts. Yet, as a relatively new innovation, there is no substantial regulatory regime to govern its use. Furthermore, the most analogous legislative area- wiretapping, is not adequate to address the unique features and risks of chat preview. Both Washington State and federal wiretapping statutes are written in such a way that they offer little if any protection for the potentially harmful uses of chat preview technology. For this reason, some additional legislation or amendment to the existing statutes is necessary to protect consumer privacy. Specifically, chat preview should be allowed only with the notice and in-the-moment, revokable consent of the previewed party. This would allow consumers to make informed decisions about whether they wish to be subject to this type of monitoring and would prevent companies from circumventing the consent requirement by burying notice and implied consent inside lengthy terms of service agreements that will most likely go unread
Session 5: Banking, Capital Markets, and The Crypto Revolution - A Look Back and Projection of the Future of FinTech
Get PDFIn Session Five of the SITIE 2023 Symposium: Enabling Innovation in Law and Society, Joseph M. Vincent moderated as the four panelists, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, and Jill Williamson, discussed banking, capital markets, and the crypto revolution by looking back and projecting the future of the financial technology (FinTech) industry. The discussion commenced with a conversation on banking deposits, then moved into a discussion on cryptocurrency companies and the challenges they have faced in recent years in the banking industry. The panelists further discussed artificial intelligence (AI) technology’s impact on FinTech, open banking, and challenges facing cryptocurrency (crypto) going forward
Why Corporate Boards Should Include LGBTQ+ People
Get PDFCorporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ inclusion raises, understanding of which is critical to making any such policies work