Seattle University Law Review

CALL FOR SUBMISSIONS: Our online companion journal, SUpra, seeks submissions for Vol. 47 from legal professionals and scholars. SUpra submissions should be original pieces of timely scholarship on newsworthy or important legal topics. Submissions should aim to be approximately 3,000–6,000 words in length (though there are no absolute restrictions) with citations in Bluebook format.



This year, SUpra is aiming to revamp its operations. SUpra works in tandem with our print journal; however, its purpose is to timely publish pieces in response to legal developments and news, occurring in real-time (e.g., a critique of a recently passed statute, a commentary of a recent judicial opinion, a review of a current legal issue affecting the community, a response to another SULR article, and more). You can explore SUpra at: https://lnkd.in/d6FBVxa.



Questions and submissions should be addressed to Senior Online Editor Brianne Zamora (she/her) at [email protected].

Seattle University Law Review SUpra | Student Publications and Programs | Seattle University School of Law Seattle University Law Review Companion Journal Legal Journal Legal Journal Online Legal Scholarship Legal Update Seattle University Law Review SUpra

Our online companion journal, SUpra, published Professor Megan J. Ballard and Zaida C. Rivera’s article “New Community Sponsorships for Humanitarian Immigrants: Guidance on Washington’s Practice of Law and Immigration Services Fraud Prevention Rules.” Check it out here:

New Community Sponsorships for Humanitarian Immigrants: Guidance on Washington’s Practice of Law and Immigration Services Fraud Prevention Rules Every state, including Washington, has enacted laws to protect the public from the harm caused when an unqualified person provides legal services. Each state defines the practice of law and generally limits that practice to members of the state bar association. In Washington, a complex collage of ca...

HOT OFF THE VIRTUAL PRESS: has published Volume 46, Issue 1. This issue discusses various topics, including social media regulation, American Federalism, an Outer Space Arms Race, sunscreen, and much more! To read more of this amazing scholarship, please visit:

Seattle University Law Review | Student Publications and Programs | Seattle University School of Law Berle Seattle University Symposium Law Review Legal Journal Law Journal Northwest Public Interest Social Justice Business Law Berle-Means Pacific Northwest Seattle Journal Seattle Law Journal Seattle Law Review Washington Law Review

We are proud to announce the Volume 47 masthead! The selection process was highly competitive, and so many members truly demonstrated a passion for Seattle U Law Review! Please join us in congratulating the incoming Volume 47 editorial board!

HOT OFF THE VIRTUAL PRESS: has published Volume 45, Issue 4. This issue discusses a range of scholarship, from cannabis receiverships to the concept of "sharenting," and much more! To read more of this amazing scholarship, please visit:

Seattle University Law Review | Student Publications and Programs | Seattle University School of Law Berle Seattle University Symposium Law Review Legal Journal Law Journal Northwest Public Interest Social Justice Business Law Berle-Means Pacific Northwest Seattle Journal Seattle Law Journal Seattle Law Review Washington Law Review

Our online companion journal, SUpra, recently published Judge Daniel Coble’s book review of “Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring.” Check it out here:

Per se Inequality: A Review of Judge Richard Gergel's "Unexampled Courage" On a cool winter night in 1946, Isaac Woodard, Jr. was on his way home after serving in the United States Army in World War II. Woodard would not make it home – at least not as the same man he had been. He would be beaten, blinded, and jailed. What would follow from this incident, and so many more...

HOT OFF THE VIRTUAL PRESS: published Vol. 45 Issue 3! This Symposium issue explores the topic of Institutional Transformation & the Law and features amazing symposium articles and notes related to that topic! More at:

Seattle University Law Review | Student Publications and Programs | Seattle University School of Law Berle Seattle University Symposium Law Review Legal Journal Law Journal Northwest Public Interest Social Justice Business Law Berle-Means Pacific Northwest Seattle Journal Seattle Law Journal Seattle Law Review Washington Law Review

CALL FOR PAPERS: We are currently seeking submissions for our online publication from legal professionals and scholars. SUpra submissions should be original pieces of timely scholarship on newsworthy or important topics. The online essays should aim to be approximately 3,000–6,000 words in length (though not absolute restrictions) with citations in Bluebook format. Priority will be given to submissions that meaningfully cite a Seattle University Law Review print article. You can explore SUpra at: https://digitalcommons.law.seattleu.edu/sulr_supra/

Questions and submissions should be addressed to Senior Online Editor Hannah Street (she/her) at [email protected].

Seattle University Law Review SUpra | Student Publications and Programs | Seattle University School of Law Seattle University Law Review Companion Journal Legal Journal Legal Journal Online Legal Scholarship Legal Update Seattle University Law Review SUpra

We are proud to announce the Volume 46 masthead! The selection process was highly competitive and there were so many members who truly demonstrated a passion for Seattle U Law Review! Please join us in congratulating the incoming Volume 46 editorial board!

HOT OFF THE VIRTUAL PRESS: published Vol. 45 Issue 1! This Berle XII issue explores the topic of Corporate Capitalism and the City of God and features amazing symposium articles related to that topic! More at:

Seattle University Law Review | Vol 45 | Iss 1 The Beginning of History for Corporate Law: Corporate Government, Social Purpose and The Case of Sutton’s Hospital (1612)David Smith

Our online companion journal, SUpra, recently published Jona Goldschmidt’s article, Equal Injustice for All: High Quality Self-Representation Does Not Ensure a Matter Is “Fairly Heard."

This article challenges the assumption, upon which many access-to-justice programs are based, that because effective self-representation can be taught, being an expert self-represented litigant (SRL) will ensure that their case will be fairly heard. Goldschmidt argues that this is not the case, and case studies would suggest that expert SRLs are vulnerable to experiencing miscarriages of justice that injure their case; in contrast to being a represented party. Offering three cases in which Goldschmidt was personally involved, Goldschmidt recommends that courts should adopt a policy that would encourage judges to provide reasonable accommodations so that SRLs’ cases can be fairly heard.

To read more: https://digitalcommons.law.seattleu.edu/sulr_supra/1

The Slow Evolution of Second Amendment Law By Joan H. Miller, Published on 01/01/14

Our online companion journal, SUpra, recently published Bryan Frye's article, Deodand. This article is an homage to Yoko Ono’s Grapefruit in the genre of legal scholarship. It consists of a number of “pieces” intended to encourage reflection on the nature and practice of legal scholarship. It reflects his own particular interests, inter alia discussing the concept of plagiarism, especially as articulated in the context of legal scholarship.
To read more:https://digitalcommons.law.seattleu.edu/sulr_supra/16/

Deodand Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. A...

44.2 HIGHLIGHT: Hannah Lasting (Seattle University School of Law, Executive Editor at Large) explores the tension caused by reverse payments between patent and antitrust law and argues that in the wake of COVID-19, an amendment to the Hatch-Waxman Act can ease the increasing strain between patent and antitrust policy concerns and shield consumers from big pharma barring public access to affordable medications through reverse payment settlements. For more:

https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/12/

Big Pharma, Big Problems: COVID-19 Heightens Patent-Antitrust Tension Caused by Reverse Payments In the wake of COVID-19, pharmaceutical companies rushed to produce vaccinations and continue to work on developing treatments, while the tension caused by reverse payments intensifies between patent and antitrust law. Lawmakers must address this tension, and the current pandemic should serve as a c...

44.2 HIGHLIGHT: Chelsea Rauch (Seattle University School of Law, Seattle University Law Review Notes & Comments Team Lead) parses through California's Assembly Bill 5 (AB5) and its effects on the gig economy. This Note compares California’s new law with federal employee classification standards and explores the benefits and detriments of the ABC test as seen in other states’ legislation. Further, she proposes a potential remedy to AB5’s weaker language regarding prong C of the ABC test. For more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/11/

Accountability for Employers or Independence for Contractors? Accomplishing AB5’s Labor Classification Goals in the Gig Economy U.S. employment law traditionally classifies workers as either employees or independent contractors; each worker under this traditional legal rubric can only be classified as one or the other—there can be no ambiguity or overlap. An employee is generally defined as “a person hired for a regular,...

Seattle University Law Review stands with the AAPI Community in condemning racism and the heinous crimes against the AAPI Community. We see you, we hear you, and we whole-heartedly stand beside you.

44.2 HIGHLIGHT: Ray Cleaveland (Seattle University School of Law, Executive Editor of Notes & Comments) dissects the proposal proffered by the American Single Malt Whiskey Commission to recognize a new category of whiskey and concludes by speculating the likely success of the proposal.

https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/10/

The Spirit Is Willing: A Proposal for American Single Malt Whiskey Over the past twenty-five years, small, independent American distilleries have carved out a new niche in the United States liquor market: craft single malt whiskey. Inspired by the success of single malt Scotch and other single malts, American craft distillers are now fighting for their own shelf be...

We are proud to announce the Volume 45 masthead! The selection process was highly competitive and there were so many members who truly demonstrated a passion for Seattle U Law Review! Please join us in congratulating the incoming Volume 45 editorial board!

44.2 HIGHLIGHT: Amanda Riggio (Seattle University School of Law, Seattle University Law Review Research & Technical Editor) dives into child entertainnment labor laws and notes how child labor laws fail to keep pace with the rapidly evolving Internet entertainment ecosystem. She explains the need for expanded and newly adopted legislation to accommodate the new world of user-generated content and argues for legislative changes to better protect children’s interests when they are featured in social media posts for monetary gain. For the full article:
https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/9/

The Small-er Screen: YouTube Vlogging and the Unequipped Child Entertainment Labor Laws Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vlogg...

44.2 HIGHLIGHT: Amanda Porterfield (Florida State University) describes the long history behind the entanglement of business and religion in the United States and how religion and business coexist in time and space and respond to many of the same events. For more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/8/

Religious Roots of Corporate Organization Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome a...

Last night, Seattle University Law Review's Volume 44 Executive Board met for the last time as a single unit. It has been our privilege and pleasure to serve as Law Review's Executive Board. Our next e-board meeting will feature the new Volume 45 Executive Board! Stay tuned for the exciting news!!

44.2 HIGHLIGHT: Joseph P. Slaughter (Wesleyan University) explains the rich heritage of religious for-profit businesses throughout American history by focusing on a series of Protestant Christian Business Enterprises that led to today’s CBE giants: Chick-fil-A and Hobby Lobby. This Article demonstrates the close connection between capitalism and Christianity throughout U.S. history. Understanding this connection can help us better contextualize twenty-first century cultural debates over the nature and future of the American marketplace.

https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/7/

The Virginia Company to Chick-fil-A: Christian Business in America, 1600–2000 The Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. is one of its most controversial in recent history. Burwell’s narrow 5–4 ruling states that the Religious Freedom Restoration Act of 1993 applies to closely held, for-profit corporations seeking religious exemptions to th...

You do not want to miss out! THIS FRIDAY, February 26, 2021, Seattle University School of Law Black Law Student Association and Seattle University Law Review are hosting the first Spotlight Symposium - Epoch: Going Beyong a Racial Reckoning. It is not too late to register, check out the link or flyer below! https://www.eventbrite.com/e/epoch-going-beyond-a-racial-reckoning-tickets-139106751037

44.2 HIGHLIGHT: Russell Powell (Seattle University School of Law) provides a contemporary theoretical framework for Adolf Berle’s insight as a basis for considering its legal and ethical implications for corporate governance. He attempts to unpack contemporary understandings of spirit in order to provide a helpful working definition. Professor Powell also considers the origins and essential traits of the modern business corporation in the United States, and discusses whether corporations can or ought to have a sort of moral orientation. https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/6/

Spirit of the Corporation Christian theologians have analyzed the productive and destructive qualities of institutions, sometimes attributing to them human virtues and vices. In City of God, Saint Augustine describes a utopian vision of human community within a Christian context as an alternative to the flawed “City of Man...

44.2 HIGHLIGHT: Michael Conklin (Angelo State University) responds to Stephanie Moran's article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates and critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over lethal injection. To read more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/5/

No, the Firing Squad Is Not Better than Lethal Injection: A Response to Stephanie Moran’s A Modest Proposal In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only ex*****on method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overst...

We hope to change the legal landscape one symposium at a time! Please join us alongside our partner Seattle University School of Law Black Law Student Association and register for our Spotlight Symposium—Epoch: Going Beyond a Racial Reckoning. Symposium Date: February 26, 2021, at 11:30am PST!

https://www.eventbrite.com/e/epoch-going-beyond-a-racial-reckoning-tickets-139106751037

44.2 HIGHLIGHT: Elizabeth Keyes (University of Baltimore School of Law (Official)) dives into the lack of established application of the doctrine of duress in immigration law and argues treatment of duress in asylum law reveals the critical importance of expressly incorporating the duress defense and also harmonizing the understanding of the work done by the doctrine throughout immigration law. https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/4/

Duress in Immigration Law The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who....

Please join Seattle University Black Law Student Association and Seattle University Law Review for the debut of our annual Spotlight Symposium. The events of 2020 have provided another opportunity for us all to scrutinize and examine systems that perpetuate racism. In the first Black History Month following the events of 2020, we welcome Black deans from law schools around the country for a critical discussion on the legal education space as it pertains to Black law students—particularly in periods where racial injustice is at the forefront of the nation’s consciousness. We hope to provide some historical context for the current moment, highlight race equity efforts across the legal field, and reimagine a future where the legal landscape is centered around race equity and anti-racism. For more information and to register for this event, please see the flyer or link below: https://www.eventbrite.com/e/epoch-going-beyond-a-racial-reckoning-tickets-139106751037

44.2 HIGHLIGHT: Maryam Ahranjani (University of New Mexico School of Law) argues that widespread “security” measures in public schools jump constitutional guardrails and violates the Fourth, Fifth, Eighth, and Fourteenth Amendment rights of children. Professor Ahranjani further explains that school districts should divert funds away from prisonization practices and into stronger socio-emotional and mental health programs that are proven to improve school climate and safety. For more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/3/

School “Safety” Measures Jump Constitutional Guardrails In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light ...

44.2 HIGHLIGHT: Kristy D'Angelo-Corker (Barry University School of Law (Official)) examines the laws implemented in certain cities protecting vulnerable employees in the hotel industry from facing harassment and discrimination and argues that all states should enact laws requiring hotels to provide panic devices and implement anti-sexual harassment policies to protect hotel employees, specifically those in housekeeping or service attendant positions. To read more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/2/

Time to Panic! The Need for State Laws Mandating Panic Buttons and Anti-Sexual Harassment Policies to Protect Vulnerable Employees in the Hotel Industry One only has to turn on the television or read the newspaper to see news story after news story reporting instances of women facing harassment, discrimination, or assault while at work. The “Me Too” and “Time’s Up” campaigns have brought many of these issues to the forefront and have shown...

HOT OFF THE VIRTUAL PRESS: Seattle University Law Review has published Volume 44 Issue 2! This issue hosts a range of scholarship from the constitutionality of school safety measures, corporate law and religion, and American Single Malt Whiskey! More at: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss2/

Seattle University Law Review | Vol 44 | Iss 2 Time to Panic! The Need for State Laws Mandating Panic Buttons and Anti-Sexual Harassment Policies to Protect Vulnerable Employees in the Hotel IndustryKristy D'Angelo-Corker

44.1 HIGHLIGHT: Julia Knitter (Seattle University School of Law, Executive Editor of Lead Articles) dives into the United States Sentencing Commission's Guidelines Manual and argues it must be amended to provide a clearer definition of physical restraint for robbery due to the disparate application in federal courts. To read more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/36/

“Don’t Move”: Redefining “Physical Restraint” in Light of a United States Circuit Court Divide To reduce sentencing disparities and clarify the application of the sentencing guide to the physical restraint enhancement for a robbery conviction, this Comment argues that the United States Sentencing Commission (USSC) must amend the USSC Guidelines Manual to provide federal courts with a clearer....

44.1 HIGHLIGHT: Hannah Hamley (Seattle University School of Law, Editor in Chief) discusses the Alien Harboring Statute, its historic use as a weapon against immigrants, and the dangers of racial animus in the Trump Administration in using this statute. She further proposes rewrite of the harboring statute and a victim-protection companion statute to convert it from a sword to a shield. To read more:
https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/35/

The Weaponization of the “Alien Harboring” Statute in a New-Era of Racial Animus Towards Immigrants Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have writt...

Taylor Haines (Seattle University School of Law, Lead Articles Editor) argues that the original and contemporary meaning of public use are problematic and offers a new test, solidified in legislation, to address Fifth Amendment takings that may not be for the greater good, such as takings for private economic development. For more:
https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/34/

“Public Use” or Public Abuse? A New Test for Public Use in Light of Kelo The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the draf...

44.1 HIGHLIGHT: Armin Tadayon (George Mason University) investigates §2703(f) of the Stored Communications Act and how preservation requests conflict with the Fourth Amendment. Armin offers a solution that recorgnizes the importance of preservations requests and will enable its use while still protecting privacy rights. To read more: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/33/

Preservation Requests and the Fourth Amendment Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act ...

44.1 HIGHLIGHT: Douglas McKechnie (U.S. Air Force Academy) dives into the First Amendment implications of President Trump's transition from celebrity to President and argues that where his tweets troll government critics, they violate the Free Speech Clause. For the full article: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/32/

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44.1 HIGHLIGHT: Richard Mailey’s article Court-Packing in 2021: Pathways to Democratic Legitimacy explores Bruce Ackerman’s dualist theory of constitutional transformation to answer whether court-packing can be democratically defensible and offers three pathways to reconcile court-packing and demagogic populism. https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/31/

Court-Packing in 2021: Pathways to Democratic Legitimacy This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it e...

44.1 HIGHLIGHT: David L. Hudson, Jr. (Belmont University - College of Law) explores a few of Justice Sotomayor's majority, concurring, and dissenting opinions in Fourth Amendment cases and explains how Justice Sotomayor is a consistent defender of individual rights under the Fourth Amendment and its principles and values. For the full essay: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/30/

Justice Sonia Sotomayor: The Court’s Premier Defender of the Fourth Amendment This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opini...

44.1 HIGHLIGHT: Noah Chauvin's essay, Enough Is as Good as a Feast, comments on Ipse Dixit, the podcast on legal scholarship. He then argues that Ipse Dixit has made a major contribution to legal scholarship and that law review articles are not the only way to contribute to scholarship. To read more on the changing landscape of legal scholarship, see the link below: https://digitalcommons.law.seattleu.edu/sulr/vol44/iss1/29/

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CALL FOR PAPERS: We are excited to announce our partnership with Seattle University School of Law Black Law Student Association to bring the innaugural Spotlight Symposium to Seattle University School of Law. Our organizations have partnered to create an annual symposium focused on amplifying the work and contributions of Black authors, professionals, and thought leaders. This year's theme is Epoch: Going Beyond a Racial Reckoning. If you are interested in submitting scholarship to Seattle University Law Review, please see the flyer attached!