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Introduction, Maja Dagny Chaffe
Introduction, Maja Dagny Chaffe
Seattle University Law Review
Introduction to the annual Casebook Review issue.
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Seattle University Law Review
The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.
Casebooks And Constitutional Competency, David E. Engdahl
Casebooks And Constitutional Competency, David E. Engdahl
Seattle University Law Review
Today's casebooks are far better adapted for fostering constitutional competency among lawyers than were their earlier counterparts. Part 1 of this Article traces the evolution of the constitutional law casebook from James Bradley Thayer's massive compilation of raw data in the Dean Langdell tradition, to the modern style of extensively edited cases with comments and questions to help students identify, anticipate, and assess potential avenues of analysis and development. Part 2 examines some basic concepts of federalism law still afforded too little attention by casebook editors. The classic analysis of enumerated powers (including Congress's power under the necessary and proper …
Aspects Of Law, Eric A. Chiappinelli
Aspects Of Law, Eric A. Chiappinelli
Seattle University Law Review
This Essay introduces a tribute issue that was compiled in honor of William T. Allen, Chancellor of the Delaware Court of Chancery, after he announced his intention not to seek reappointment.
The Medical Savings Account Provision Of The Hipaa: Is It Sound Health And Tax Policy?, Danshera Cords
The Medical Savings Account Provision Of The Hipaa: Is It Sound Health And Tax Policy?, Danshera Cords
Seattle University Law Review
This Comment argues that the Medical Savings Account (MSA) provision of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) fails to meet the goals of either tax policy or health policy. As a result of this failure, the demonstration program should be redesigned to provide valid and reliable information about whether the availability of tax-preferred MSAs will decrease the affordability of health care and its availability to the less healthy.
A Practitioner's Perspective On The Tenure Of Chancellor William T. Allen, Jesse A. Finkelstein
A Practitioner's Perspective On The Tenure Of Chancellor William T. Allen, Jesse A. Finkelstein
Seattle University Law Review
This Essay is part of a tribute issue that was compiled in honor of William T. Allen, Chancellor of the Delaware Court of Chancery, after he announced his intention not to seek reappointment.
What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell
What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell
Seattle University Law Review
For the first time ever, the Supreme Court of Washington in State v. Lively overturned a criminal conviction because of outrageous government conduct. This decision employed a rarely-used, and even more infrequently successful, defense to achieve an apparently just result. Indeed, courts and scholars disagree on whether the defense, based on the Due Process Clause of the U.S. Constitution, actually exists and, if it does, how it applies to the facts of a given case. The U.S. Supreme Court has neither expressly and conclusively acknowledged nor disavowed the defense and has never employed it to overturn a criminal conviction. The …
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton
Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton
Seattle University Law Review
This Article focuses on the publication ban issued by Justice Kovacs in the Karla Homolka trial and the reaction to it as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty. The article concludes that the publication ban in this case, by …
What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson
What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson
Seattle University Law Review
All states guarantee constitutional due process and fairness for both judicial and quasi-judicial proceedings. They differ, however, on the legal standard of fairness to apply to quasi-judicial proceedings. Many states rely on due process guarantees, that is, a proceeding which is fair in actual substance and procedure. Washington, however, has adopted more of the judicial standard for quasi-judicial actions, requiring "a hearing not only fair in substance, but fair in appearance as well." This "appearance of fairness doctrine" was originally developed within the context of local land use decisions. Later, it was applied to a broader spectrum of administrative proceedings. …
A Constitutional Law Casebook For The 21st Century: A Critical Essay On Cohen And Varat, Bryan K. Fair
A Constitutional Law Casebook For The 21st Century: A Critical Essay On Cohen And Varat, Bryan K. Fair
Seattle University Law Review
The purpose of this essay is to review the strengths and weaknesses of the latest edition of Cohen and Varat’s Constitutional Law: Cases and Materials. After teaching from it for seven years, the author of this review states unequivocally that it is a first-rate teaching tool – unquestionably one of the leading, traditional casebooks, enabling thousands of law students throughout the country to gain some insight on a vast array of constitutional questions. Below, rather than simply describe the casebook's broad contents, the author illustrates how he uses it in a class of 65 to 100 students, meeting for …
Notes On Notes, Margaret G. Stewart
Notes On Notes, Margaret G. Stewart
Seattle University Law Review
The author’s search for a text which emphasized the underlying and continual concerns that the roles of judicial review and federalism present whenever the Court is asked to justify or reject majoritarian decisions led her to adopt Stone, Seidman, Sunstein, and Tushnet’s Constitutional Law. Having used it for at least five years, she remains convinced that it does an excellent job in a difficult field. The Stone, Seidman, Sunstein, and Tushnet casebook seems to have found a workable mix of past and present political and judicial landscape. For the most part, it utilizes a chronological approach in its separate …
Mastering Modern Constitutional Law, Thomas E. Baker
Mastering Modern Constitutional Law, Thomas E. Baker
Seattle University Law Review
Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. There are several reasons for this thorough difficulty. First, it is not an exaggeration to say that the fate of the nation is often at stake in constitutional cases and controversies, and constitutional decisions have shaped our history as a people. Second, we Americans can lay claim to inventing the field, and we have been continuously preoccupied with reinventing it for more than two centuries of applied political philosophy. Third, the Supreme Court is one of the most fascinating institutions inside or …
Cases Versus Theory, Richard B. Collins
Cases Versus Theory, Richard B. Collins
Seattle University Law Review
Past reviewers have noted that the large modern market for American constitutional law casebooks was not served by much diversity in approaches to the subject. More recently there has been some divergence, and teachers have more choices. Cohen & Varat’s <em>Constitutional Law: Cases and Materials</em> has changed least in the intervening years and continues to serve its part of the market very well. Case editing is excellent, and selection is good. So if you liked the former standard, it remains a sound choice, and if you did not, you will have moved on. Notable differences among constitutional law casebooks fall …
Combining The Best Of Gunther And Sullivan, James Weinstein
Combining The Best Of Gunther And Sullivan, James Weinstein
Seattle University Law Review
In the field of casebooks, there are few classics, but Gerald Gunther's Constitutional Law has long been viewed as one of them. More than twenty years ago it was heralded in the Harvard Law Review as "the Hart and Wechsler of constitutional law." After decades of solo authorship, Gunther is joined on the 13th edition by Kathleen Sullivan, who was primarily responsible for revising (among other sections) the chapters on freedom of expression. This partnership has succeeded in improving what was already perhaps the strongest section of the book. This Review examines the organization of the free expression materials, considers …
Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush
Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush
Seattle University Law Review
In reviewing Stone, Seidman, Sunstein, & Tushnet's <em>Constitutional Law</em>, the author focuses on the casebook’s exploration of race to illustrate why she uses the book, and why she finds it valuable. The outstanding qualities of the book, however, are not limited to race. It provides excellent material on just about every possible area of discrimination law, as well as on the basics of separation of powers, federalism, and First Amendment issues. Inevitably, any textbook will be of limited use to a professor who has had time to reflect on the area of the law and who has perhaps written in …
Theme And Variations, Hugh D. Spitzer, Charles W. Johnson
Theme And Variations, Hugh D. Spitzer, Charles W. Johnson
Seattle University Law Review
State constitutions are worth the attention. They are, and have always been, different from the United States Constitution. Because state constitutions are typically easier to replace or amend than the United States Constitution, they reflect the political movements that have swept the country from time to time. As Professor Tarr has observed, provisions based in Jacksonian Democracy, Populism, and the Progressive movement have caused a "layering" in many state documents, which has affected both substance and interpretation." This makes the study of state constitutions interesting, and important too, because the themes might be similar from state to state, but the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman
The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman
Seattle University Law Review
As I thought about the hypothetical situations posed for consideration by this symposium, I envisioned distinct individuals in context, speaking particular words. I decided to write the initial consultation out as a dialogue to see what happened to the ideas and the interactions as these three, the lawyer, husband, and wife, explored them. I, thus, chose to turn a hypothetical into a real situation. By selecting this format, I was only able to focus on the first hypothetical. This one was perhaps the most challenging for me personally. As a feminist and a family law lawyer, I have struggled and …
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
Seattle University Law Review
The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Seattle University Law Review
This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …
Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal
Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal
Seattle University Law Review
This Comment will begin with a brief history of the medical use of marijuana in western culture and the United States. It will then examine the existing federal statutory scheme governing the use of marijuana and conclude with a look at current beliefs about the medical value of marijuana. Section III will analyze previous attempts to collaterally attack the scheduling of marijuana through the courts and show why those efforts have generally failed. Section IV will perform a substantive due process analysis of William Cohen's case and submit that Mr. Cohen has a fundamental right to consult with his physician …
Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter
Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter
Seattle University Law Review
This article begins by surveying the evolution of tort doctrine and the "no duty to act" rule. It then proceeds to examine current theories of employer liability in the referral and hiring context and moves on to trace the history of the negligent employment referral claim. Next, this section scrutinizes the Muroc decision and ends with a brief discussion of the future of negligent employment referral. Section III begins by exploring the implications of nondisclosure of reference information for both tort policy and tort doctrine. It then proposes an affirmative duty of disclosure as a solution by amalgamating the reasoning …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver
Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver
Seattle University Law Review
The focus of this Comment is not merely to analyze the role of the judiciary in Meta-Tag litigation specifically, but also to use Meta- Tags as a lens with which to examine the potential effect of judicial activism on Internet commerce in general. The first portion of this analysis focuses on the applicability of federal trademark infringement and dilution laws in Meta-Tag abuse suits. The next portion of the article evaluates why market regulation of Meta-Tag abuse is the correct course of action, in the short-term, for ensuring the growth of electronic commerce. The article concludes with a description of …
Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews
Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews
Seattle University Law Review
The focus of this Comment will be the 1993 amendment to Washington's general survival statute. In particular, the goal is to interpret how noneconomic damages for tortious death are to be treated under the new survival statute and to answer the question of what noneconomic damages are available to the victim's survivors. Because of Washington's complex statutory scheme, each of five potentially applicable statutes will be examined for available noneconomic damages, the survivability of these damages, the beneficiaries of the action, and possible duplication of damages. In answering these questions, this comment will also address the issue of survivability of …
E-Law4: Computer Information Systems Law And System Operator Liability, David J. Loundy
E-Law4: Computer Information Systems Law And System Operator Liability, David J. Loundy
Seattle University Law Review
This Article gives a summary of the current regulatory structure in the United States governing a few of the "Empires of Cyberspace," such as bulletin board systems, electronic databases, file servers, networks (such as the Internet) and the like. Different legal analogies that may apply will be illustrated, and some of their strengths, weaknesses, and alternatives will be analyzed. I will begin by looking at different types of computer information systems, and then the major legal issues surrounding computer information systems will be surveyed in brief. Next, the different legal analogies which could be applied to computer information systems will …
Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin
Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin
Seattle University Law Review
The author’s primary methods to teach Constitutional Law are problem solving and storytelling. He selected Farber, Eskridge, and Frickey’s Constitutional Law: Themes for the Constitution's Third Century and continues to use it in part because it includes both stories and problems. The author also selected this particular casebook because it places the individual rights materials before the materials on federal powers. He wanted to experiment with this reversed order and thus far has been satisfied – largely because the rights materials engage student interest better than the powers materials. They also set a more contemporary and practical tone for the …
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
Seattle University Law Review
This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …
The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro
The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro
Seattle University Law Review
This essay originally started out as a review of Charles Abernathy's casebook, <em>Civil Rights and Constitutional Litigation</em>, which the author was using to teach his "Civil Rights Litigation" course at the University of Baltimore. Since at some point in his career the author has used three of the four major casebooks available to law faculty teaching Civil Rights (the Abernathy casebook, Eisenberg's <em>Civil Rights Legislation</em>, and Low and Jeffries's <em>Civil Rights Actions</em>), he decided to extend this review to all four books. All four are quite good, including the newest, Nahmod, Wells & Eaton's <em>Constitutional Torts</em>. They all differ, however, …