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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe
Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe
Western Water Law in Transition (Summer Conference, June 3-5)
14 pages.
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center
Western Water Law in Transition (Summer Conference, June 3-5)
Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.
The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Seattle University Law Review
In this Article, I will present a series of attacks on intentionalism. My efforts are aimed at eroding the high ground that the intentionalist position appears to enjoy in the interpretation of state and federal constitutions. Currently, one almost has to justify departure from the framers intent in advancing a nonconforming constitutional interpretation. This Article is an attempt to reverse this assumed burden of persuasion.
The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter
The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter
Seattle University Law Review
This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …
The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover
The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover
Seattle University Law Review
The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.
The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen
The Influence Of The Uniform Probate Code In Nonadopting States, Roger W. Andersen
Seattle University Law Review
In twenty-three states, legislative unwillingness to embrace the UPC as a whole has not precluded adoption of some of its provisions. As the first part of this Article indicates, the most common pattern is for a state to use the Code as a model to solve an isolated, but common, problem. Article II of the UPC, which covers intestacy and wills, is by far the most often copied article; the most often followed sections are those dealing with traditional troublespots, such as the effects of survival, adoption, and divorce. In contrast, among those UPC sections garnering the least attention are …
An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer
An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer
Seattle University Law Review
This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock
Seattle University Law Review
Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.
The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché
The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché
Seattle University Law Review
This Article traces the independent development in the case law interpreting the Washington Constitution and in the drafting of the document itself. It is the position of the authors that the strict approach and consequent rigorous, independent analysis by the Washington court is not a necessary or appropriate method of deciding church-state issues, at least in many contexts. When examining establishment clause issues under the state constitution, the Washington State Supreme Court should therefore modify its previous position and adopt a more common-sense approach in lieu of the doctrinaire rigidity that has characterized prior opinions.
Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting
Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting
Seattle University Law Review
This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.
Class Actions—Washington Style: A Look At Washington Superior Court Rule 23, Allen K. Easley
Class Actions—Washington Style: A Look At Washington Superior Court Rule 23, Allen K. Easley
Seattle University Law Review
This Article focuses on class actions in the Washington State courts. It compares and contrasts the Washington experience with practice under the federal class action rule, and places particular emphasis on the differences between state and federal practice.
A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson
A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson
Seattle University Law Review
This Comment argues that similar legislation would be desirable in Washington. Even though the proposed statute would entail a substantial deviation from the common-law rule, the resulting benefits justify the change. This Comment also examines the retroactive application of variation of trusts statutes and concludes that a retroactive application is constitutional. A requirement that courts consent on behalf of the beneficiaries only when the variation benefits the beneficiaries in some manners sufficiently protects the beneficiaries' constitutional interests under the contract clause10 and the due process clause of the federal Constitution. Finally, this Comment proposes that a Washington variation of trusts …
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Survey Of Washington Search And Seizure Law, Justice Robert F. Utter
Seattle University Law Review
This Survey is designed to assist lawyers and judges who must argue and resolve search and seizure issues in Washington State. The Survey summarizes the controlling state and federal cases on search and seizure law and uses as an additional reference W. LAFAVE, Search and Seizure: A Treatise on the Fourth Amendment (1978). Washington courts are likely to analyze future search and seizure issues under both the fourth amendment and Washington Constitution article I, section 7. The difference in wording between the two provisions is substantial, suggesting different degrees or types of privacy protection. This Survey summarizes the predominant treatment …
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
Seattle University Law Review
The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …