Digital Commons Network^™

Defining The Indian Civil Rights Act's "Sufficiently Trained" Tribal Court Judge, Jill Elizabeth Tompkins

American Indian Law Journal

No abstract provided.

Dean's Spotlight November 23, 2015, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.

The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters

Seattle University Law Review

Universal jurisdiction is the progressive and contentious legal principle that courts have competence to adjudicate cases involving alleged violations of international law regardless of the nation in which those crimes occurred, the nationality of the victim, or the nationality of the perpetrator. While the limits of more conventional theories of jurisdiction are defined by sovereignty, territory, and nationality, the exercise of universal jurisdiction is based solely on the nature of the crime alleged. That is, when a crime is so serious that it violates peremptory norms of international law, courts are entitled, or even obliged, to hear those cases regardless …

Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch

Seattle University Law Review

Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …

Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu

Seattle University Law Review

A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …

Dean's Spotlight October 26, 2015, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.

Dean's Spotlight September 2, 2015, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.

Lawyer: Fall 2015, Seattle University School Of Law

Lawyer

•A new crop of lawyers (cover story)
•Life on both sides of the law
•Faculty showcase
•You can go home again
•More than a thrift shop
•Spotlight on scholarships

Dean's Spotlight August 12, 2015, Seattle University School Of Law Dean

Dean's Spotlight

No abstract provided.

The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman

Seattle University Law Review

The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …

Discrimination At The Margins: The Intersectionality Of Homelessness & Other Marginalized Groups, Kaya Lurie, Breanne Schuster, Sara Rankin

Homeless Rights Advocacy Project

This brief addresses the intersectionality of homelessness and other marginalized groups. It examines six marginalized groups: racial minorities, women, individuals who identify as lesbian, gay, transgender, queer, or questioning (LGBTQ), individuals with a mental disability, incarcerated individuals, and veterans. The brief presents national and Washington State statistics to show how these six marginalized groups are represented in the homeless population compared to the general population. Moreover, it presents some of the causes of homelessness for these marginalized groups.

This policy brief is particularly important to homeless rights advocacy because it humanizes the homeless population by outlining who is homeless and …

The Wrong Side Of History: A Comparison Of Modern And Historical Criminalization Laws, Javier Ortiz, Matthew Dick, Sara Rankin

Homeless Rights Advocacy Project

Like many other cities throughout the country, Washington’s homeless population is being targeted through ordinances infused with a historical spirit of control and discrimination. The policy brief looks at the history of criminalization laws by focusing on historical criminalization laws and how they paved a way for current anti-homeless ordinances. The policy brief reveals that the spirit of historical criminalization laws is present in anti-homeless ordinances today. Since these historical laws have been repealed and overturned, so should anti-homeless ordinances that share the same spirit of control, exclusion, and discrimination.

The brief focuses on five historical laws and modern anti-homeless …

Washington's War On The Visibly Poor: A Survey Of Criminalizing Ordinances & Their Enforcement, Justin Olson, Scott Macdonald, Sara Rankin

Homeless Rights Advocacy Project

Throughout the country, cities increasingly enact laws that punish behaviors necessary for survival. For those without shelter, there is no alternative but to conduct these behaviors in public. Camping outdoors, sleeping, going to the bathroom, receiving food, sitting or lying down on sidewalks — these laws target homeless people either in practice or outright. But until now, no one knew how widespread these laws are throughout Washington State, or how they are being enforced. This brief answers these questions.

HRAP researchers surveyed the municipal codes of seventy-two cities across Washington to identify ordinances that essentially criminalize homelessness in each jurisdiction. …

At What Cost: The Minimum Cost Of Criminalizing Homelessness In Seattle And Spokane, Joshua Howard, David Tran, Sara Rankin

Homeless Rights Advocacy Project

Many studies around the country have demonstrated significant savings on incarceration, adjudication, and medical costs when funds are directed toward the creation of affordable housing. However, with the increasing prevalence of criminalization ordinances — ordinances that disparately impact the homeless — funds that could be used for affordable housing are being diverted toward their enforcement. Although existing studies address general costs and savings associated with housing homeless people, they do not address the costs directly attributable to criminalization ordinances. In an effort to shed light on these direct costs, the Seattle University Homeless Rights Advocacy Project has traced the following …

Justice Shortchanged--Assigned Counsel Compensation In Wisconsin, Sixth Amendment Center, The Defender Initiative, Robert C. Boruchowitz, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Justice Shortchanged--Assigned Counsel Compensation in Wisconsin

Cross-Racial Misidentification: A Call To Action In Washington State And Beyond, Taki V, Flevaris, Ellie F. Chapman

Seattle University Law Review

Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the context of cross-racial …

Lawyer: Spring 2015, Seattle University School Of Law

Lawyer

•Retiring professors Paula Lustbader ’88, Hank McGee, and John Mitchell
•John McKay reflects on his time in Palestine
•Environmental Law seminar sees Elwha River restoration work up close

Brief Of Amici Curiae In Support Of Appellant, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

State v. O'Dell

Bulletin 2015-2016, Seattle University School Of Law

Viewbooks

No abstract provided.

The Right To Counsel In Utah: An Assessment Of Trial-Level Indigent Defense Services, The Sixth Amendment Center, The Defender Initiative

Fred T. Korematsu Center for Law and Equality

The Right to Counsel in Utah

Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts

Faculty Articles

A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary judicial voices demand the abolition of the peremptory challenge. This article uncovers two phenomena that militate against abolition of the peremptory challenge, and in favor of allowing Batson’s evolution. First, the justifications for abolition apply asymmetrically to prosecution and defense, suggesting that an asymmetrical approach is more apt. Second, the states historically adopted an asymmetrical approach — unequal allocation of peremptory challenges to prosecution and defense — and yet many state legislatures have recently abandoned asymmetry, …

An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington (Report), Peter A. Collins, Robert C. Boruchowitz, Matthew J. Hickman, Mark A. Larranaga

Faculty Articles

Professor Boruchowitz and colleagues published the results of a seven-month study into the costs of the death penalty in Washington state and has found a more than $1 million price break in cases where capital punishment is not sought.

Mitigating Foul Blows, Mary Bowman

Faculty Articles

For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike foul blows in pursuit of convictions. Yet while appellate courts are often quick to condemn prosecutorial trial misconduct, they rarely provide any meaningful remedy. Instead, courts routinely affirm convictions, relying on defense counsel's failure to object or concluding that the misconduct was merely harmless error. Jerome Frank summed up the consequences of this dichotomy best when he noted that the courts' attitude of helpless piety in prosecutorial misconduct cases breeds a deplorably cynical attitude toward the judiciary. Cognitive bias research illuminates the reasons for, and …

A Homeless Bill Of Rights (Revolution), Sara Rankin

Faculty Articles

This article examines an emerging movement so far unexplored by legal scholarship: the proposal and, in some states, the enactment of a Homeless Bill of Rights. This article presents these new laws as a lens to re-examine storied debates over positive and social welfare rights. Homeless bills of rights also present a compelling opportunity to re-examine rights-based theories in the context of social movement scholarship. Specifically, could these laws be understood as part of a new “rights revolution”? What conditions might influence the impact of these new laws on the individual rights of the homeless or the housed? On American …

Incarcerated Child Birth And “Broader Birth Control”: Autonomy, Regulation, And The State, Deborah Ahrens

Faculty Articles

In recent years, the scholarly literature, the journalistic press, and even pop culture have begun to grapple with the many ways in which prison life works to degrade and dehumanize female prisoners, particularly pregnant women and new mothers. These voices are drawn — quite understandably — to the worst abuses, to practices (such as the shackling of laboring women) that underscore the dichotomy between the brutality of prison life and the allegedly autonomous norms governing pregnancy and parenting in the outside world. This article supplements — and in crucial places challenges — the narrative implicit in those depictions by, first, …

The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall

Faculty Articles

Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, SWAT teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the “wars” on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into one of engaging …

But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson

Seattle Journal for Social Justice

No abstract provided.

Re-Engaging Youth With The Protective Power Of Education, Daniel T. Satterberg, Violetta A. Stringer, Carla C. Lee

Seattle Journal for Social Justice

No abstract provided.

Listening From The Bench Fosters Civility And Promotes Justice, Paula Lustbader

Seattle Journal for Social Justice

No abstract provided.

Introduction, Paul Holland

Seattle Journal for Social Justice

No abstract provided.