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Articles 1 - 30 of 46
Full-Text Articles in Entire DC Network
Lawyer - Winter 1994, Seattle University School Of Law
Lawyer - Winter 1994, Seattle University School Of Law
Lawyer
• One of Our Own is One of a Kind and One of the Best (by Jennie Laird ’96)
• First law Graduates Awarded Seattle University Diplomas
Lawyer - Summer 1994, Seattle University School Of Law
Lawyer - Summer 1994, Seattle University School Of Law
Lawyer
• What Makes a Law School?
• In a Fine Finale, U.N. Ambassador Albright Speaks of Responsibility in Our Time
• When is an Education Like a Singapore Caning? (by Brian McLean ’94)
• Liberty Bell Award Goes to Justice Johnson
Lawyer - Spring 1994, Seattle University School Of Law
Lawyer - Spring 1994, Seattle University School Of Law
Lawyer
• Seattle University and Me (by Robert C. Cumbow ‘91)
• President Sullivan Delights in Welcoming the School of Law
• Unique Vantage Point, High-Flying Practice Fuel a Corporate Classic
• Founding Faculty Letter Brings Thoughts & Thanks From Former Students
Some Tips On Using Collaborative Exercises, Paula Lustbader
Some Tips On Using Collaborative Exercises, Paula Lustbader
Faculty Articles
This article outlines the teaching method of collaborative learning, which is apparently effective but difficult to properly administer. It provides teachers with a variety of ways to effectively employ this method.
Bulletin 1994-1995, Seattle University School Of Law
Foreword: Understanding The Place Of Limited Liability Companies In The Spectrum Of Business Forms, Charles O'Kelley
Foreword: Understanding The Place Of Limited Liability Companies In The Spectrum Of Business Forms, Charles O'Kelley
Faculty Articles
This article is the forward to the Symposium on Oregon's Limited Company Act. For most of this century, state law has provided participants in jointly-owned business ventures with three principal business forms the corporation, the general partnership, and the limited partnership. In the past four years, over two-thirds of the states, including Oregon, have enacted legislation authorizing a new business form-the limited liability company (LLC). It appears likely that the LLC will soon supplant the two forms of partnership as a principal business form, and that it will challenge the corporation as the form of choice for closely held firms.
Tip Jars At The Law Library Reference Desk, Kelly Kunsch
Tip Jars At The Law Library Reference Desk, Kelly Kunsch
Faculty Articles
Kelly Kunsch humorously argues for law reference librarians' right to accept tips for their service to the law school community.
Jurisprudence Of Successful Treason: Coup D'Etat & Common Law, Tayyab Mahmud
Jurisprudence Of Successful Treason: Coup D'Etat & Common Law, Tayyab Mahmud
Faculty Articles
The first part of this article is a survey of all known judicial responses to coups d'etat in post colonial common law settings. Although these different coups unfolded in diverse contexts the courts validated all incumbent usurper regimes with one exception. Kelsen's theory of revolutionary legality furnished the primary doctrinal vehicle to reach this result. While some courts adopted Kelsen's proposition that efficacy of a coup bestows validity in an unadulterated form, others modified this with or substituted it by doctrines of state necessity, implied mandate, and public policy. Following Kelsen, they fail to distinguish between legitimacy and validity of …
Rate Regulation At The Crossroads Of Usury And Unconscionability: The Case For Regulating Abusive Commercial And Consumer Interest Rates Under The Unconscionability Standard, Steven W. Bender
Faculty Articles
This article builds on the argument that the usury solution is flawed and urges a compromise between usury and market control that employs the variable fairness standard of unconscionability to police unfair interest pricing. The article examines American and comparative usury and unconscionability regulation to develop appropriate guidelines for unconscionability's new duty. It then proposes a model statute articulating the unconscionability standard for consumer loans. Finally, the article advocates employing usury controls under a limited regime of "spot treatment," rather than blanket control, for persisting pockets of lender abuse the unconscionability standard may fail to deter.
The Pornographic State, David Skover, Ronald Collins
The Pornographic State, David Skover, Ronald Collins
Faculty Articles
Written as a contribution to the Harvard Symposium on Changing Images of the State, this article explores the realm of Pornotopia, a republic of images, the state that liberal America aspires to be. Imagine a nation in which there is little or no discord about pornography because there is little or no meaningful discourse about it. Imagine a nation in which people gladly trade the reality of human beings for images of that reality, a "virtual reality." Imagine a nation in which there is erotic selfexpression but little or no communal expression. Imagine a nation in which sexual war and …
Diana: A Human Rights Database, Ronald Slye, Nicholas D. Finke, Taylor Fitchett, Harold Koh
Diana: A Human Rights Database, Ronald Slye, Nicholas D. Finke, Taylor Fitchett, Harold Koh
Faculty Articles
The article identifies a growing need to incorporate scholarly works and resources into a technological medium. Specifically, it outlines DIANA, a project that aims to promote creation, organization, dissemination, and preservation of primary and secondary electronic materials that are critical to human rights research. The article covers some background and introduces expected next steps for the project.
Redefining The Sixth Amendment, John B. Mitchell
Redefining The Sixth Amendment, John B. Mitchell
Faculty Articles
This article compares public defenders in lower courts with public defenders in superior courts across the country. The article concludes that lower criminal courts suffer from problems of funding and resource allocation and that these issues must be addressed before they can adequately administer justice.
Equal Enforcement For All, George Van Cleve
Equal Enforcement For All, George Van Cleve
Faculty Articles
As a premise, there is no reason in this society, at this time, for individuals of any race or economic status to be involuntarily exposed to disproportionate environmental risks. This article argues that if there are disproportionate impacts and you want to do something about it, you tell the government to increase enforcement resources. You tell the government to make sure that there are no exceptions, and that the fact that an employer is a large, local employer and politically influential does not mean that it should get any breaks from anybody for any reason.
Snake Pits And Unseen Actors: Constitutional Liability For Indirect Harm, Julie Shapiro
Snake Pits And Unseen Actors: Constitutional Liability For Indirect Harm, Julie Shapiro
Faculty Articles
The purpose of this article is to find order amidst the chaos that predominates in analysis of indirect harm cases. It is the author’s hope that such an effort will assist courts, scholars, and advocates who continue to be confronted by these cases, as well as identify a focused agenda for future commentary, inquiry, and action.
When Words Fail Me: Diagramming The Rule Against Perpetuities, Mark Reutlinger
When Words Fail Me: Diagramming The Rule Against Perpetuities, Mark Reutlinger
Faculty Articles
Professor Reutlinger discusses the difficulties in teaching the Rule Against Perpetuities—the rule does not lend itself to mere verbal explanation and therefore makes it difficult to teach only through the Socratic method. In this article he offers an explanation and various examples of his "bridging the gap" diagrams as he now uses them in his classroom discussions on the Rule Against Perpetuities.
Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender
Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender
Faculty Articles
This article examines Oregon's UTPA with an eye toward legislative and judicial reforms that will strengthen its private cause of action and thereby facilitate private enforcement. First, the scope of the UTPA is examined. Next, private remedies authorized by the UTPA are critiqued. Finally, the role of the DOJ is reformulated in response to declining public resources and increased reliance on private enforcement.
Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield
Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield
Faculty Articles
This article begins with the premise that most law students will become professional writers: that is, they will make their living from writing, whether in practice or academia. As such, they should be confident and comfortable with legal discourse and composition in practical, social, and intellectual contexts. That confidence must be based on good training throughout their law school careers, and that training must look beyond legal writing problems to solutions. To suggest solutions to legal writing problems, this article examines traditional definitions of legal writing, definitions that may themselves be impeding progress toward more effective training. It then offers …
Appendix: The Sleeves From Our Vest: Naming A Perpetuities Non-Event, Mark Reutlinger, John Weaver
Appendix: The Sleeves From Our Vest: Naming A Perpetuities Non-Event, Mark Reutlinger, John Weaver
Faculty Articles
Professors Mark Reutlinger and John Weaver examine the conceptual dilemma that Professor Reutlinger encountered in the course of developing the series of diagrams to illustrate the Rule Against Perpetuities described in the accompanying article. To describe it briefly (if not simply), the perpetuities period for a special or testamentary power of appointment begins when the power is created (not exercised), and it ends when the appointed interest vests. Applying the "relation back" doctrine, the appointment is treated, for perpetuities purposes, as if it were a gift by the donor, rather than the donee. Under the "second look" doctrine, however, one …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Seattle University Law Review
This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the …
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
Seattle University Law Review
The ADA fails to address behavior disorders in general and phobias in particular. This Comment proposes that the EEOC take two actions. First, the EEOC should pass administrative rules that settle the question of which standards to use in determining whether an individual is mentally impaired. Second, and more impor tantly, the EEOC should issue interpretive guidance that acknowledges the burdens facing persons with hidden behavioral anomalies and phobias, and gives these persons additional help under the Act. Part II of this Comment describes the ADA generally. It explains the Act's purpose and summarizes the Act's legal requirements. Part III …
Free Trade As An Extremist Ideology: The Case Of Nafta, Robert W. Benson
Free Trade As An Extremist Ideology: The Case Of Nafta, Robert W. Benson
Seattle University Law Review
This article purports that free tradism has become such a classic extremist ideology, just as, until recently, Marxism-Leninism was. Free tradism is fairly described as fitting the two criteria that characterize extremist ideologies: (1) their adherents are oblivious to cognitive dissonance contradicting their analyses, and (2) their adherents are willing to plunge themselves and others into great risks in the name of the ideology. This article adduces evidence in these two categories, using NAFTA as an example, analyzing concrete issues of trade theory, jobs, the environment, human rights, and democracy.
The New Law Of Asset Securitization In Japan, Michael T. Kawachi
The New Law Of Asset Securitization In Japan, Michael T. Kawachi
Seattle University Law Review
This Article discusses one financial product developed in the United States and expected to develop in Japan as a result of recent legislation adopted there. The Article examines the high degree of regulation of this new financial product under that legislation and concludes that such regulation, while common in Japan, will delay the full development of the market in Japan. This Article begins with a description of an important financial tool first developed in the United States, the securitization of financial assets. The Article next examines several aspects of the new Japanese legislation and reviews the provisions of that legislation. …
Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green
Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green
Seattle University Law Review
Because there is an historical link between the economic power possessed by any group of people and the political rights enjoyed by that group, this Article argues that the best way for the United States to promote human rights in China is to assist China's economic development. This argument is supported by logic (e.g., demonstration of cause and effect) as well as by example (e.g., the recent histories of Korea and Taiwan). Part II of this Article takes a detailed look at what MFN status really means and looks at the history of U.S. grants of MFN status to China. …
Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen
Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen
Seattle University Law Review
Surrounded with the conveniences of a word processor, form book, and facsimile machine, the modern-day attorney might be tempted to equate the advent of sophisticated commercial transactions with the advent of the electronic age. Just as form follows function, it seems only logical to assume that the use of lengthy, carefully-drafted agreements is reflective of successive generations of sharper, more knowledgeable business clients. Curiously, however, the lesson that history teaches us is different. Looking back in time to the year 1511 at a proposal for the sale of alum between the City of Venice and a banker from Rome, one …
Editor's Preface, Gregory J. Duff
A Discussion Of The Washington Industrial Safety And Health Act Of 1973 Presented As: A Preface To The University Of Puget Sound Law Review, Mark O. Brown
Seattle University Law Review
This Preface briefly describes WISHA, the problems of worker safety in Washington, and the role of Labor and Industries in working to solve those problems. In Section II, this Preface addresses the status of worker health and safety in Washington. Section III describes some unique Washington programs that are to be used to combat the problems of worker safety. Section IV describes the cooperative steps that employers and workers are taking to help solve safety problems. Section V identifies new legal standards that are coming to bear on the issue of worker safety. Section VI identifies new frontiers upon which …
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
Seattle University Law Review
Occupational safety and health did not begin in 1973 in the State of Washington. Although the historical roots of the Washington Industrial Safety and Health Act of 1973 (WISHA) run deep, the adoption of the Act significantly affected the lives of all working men and women in the state. This Article will examine that historical perspective, covering both state and federal law, and will comprehensively detail the current law relating to occupational safety and health in the State of Wasington.
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Seattle University Law Review
This Article describes the causes of action available under current Washington law when a workplace hazard contributes to an adverse reproductive outcome such as miscarriage, birth defects, transplacental carcinogenesis, or other prenatal injury. Part II delineates the wide variety of workplace conditions that may lead to an adverse reproductive outcome, ranging from emotional stress, cigarette smoke, and fall hazards to more traditional teratogen exposures such as lead. Part III describes the types of reproductive harm that can form the basis of a lawsuit in Washington. Part IV notes the theories of liability and the potential defendants, including employers, co-employees, consultants, …
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Seattle University Law Review
This Article argues in support of the trend towards greater protection for workers through the deterrent factor of certain civil liability for WISHA violations resulting in injury. The Article begins by charting the evolution of Washington law on this issue. It then describes the current state of the law on this subject. Finally, it explains how Stute and its progeny are in line with the state's overall trend towards greater worker protection, consistent with the legislative intent of WISHA, and beneficial to not only employees, but employers as well.