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Borderless Commons Under Attack? Reconciling Recent Supreme Court Decisions With Watershed Scale Management, Mike Pease, Olen Paul Matthews
Borderless Commons Under Attack? Reconciling Recent Supreme Court Decisions With Watershed Scale Management, Mike Pease, Olen Paul Matthews
Seattle Journal of Environmental Law
Water managers have long called for management at watershed scales, instead of using hydrologically arbitrary boundaries like political borders. Considerable effort has been made in recent years to manage watersheds more holistically, but efforts to transfer water across state boundaries have been problematic, thwarted by legal and political obstacles. In Tarrant Regional Water District v. Herrmann the transferability of water across state boundaries has been reviewed by the Supreme Court. Tarrant, a water district in Texas, attempted to reallocate water from Oklahoma. The U.S. Supreme Court interpreted the case narrowly, focusing on the wording of the Compact, and determined Congress …
The Constitution And Slavery Overseas, George Rutherglen
The Constitution And Slavery Overseas, George Rutherglen
Seattle University Law Review
This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power—the Commerce …
The Rush To The Goblin Market: The Blurring Of Quill'S Two Nexus Tests, H. Beau Baez Iii
The Rush To The Goblin Market: The Blurring Of Quill'S Two Nexus Tests, H. Beau Baez Iii
Seattle University Law Review
Part II of this Article begins with a brief introduction to sales and use taxes in the United States. Although these taxes are complementary in nature, they are treated differently for constitutional purposes. This Part then examines the Due Process Clause and Commerce Clause constraints on state taxation, which are animated by very different concerns. Next, this Part explores footnote eight in Quill to dispel the notion that Quill established a facts-and-circumstances test. The section concludes by discussing the problems lower courts have had in applying the Quill nexus tests. The primary problem encountered by the lower courts, exemplified by …
The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford
The Indecency Of Unsolicited Sexually Explicit Email: A Comment On The Protection Of Free Speech V. The Protection Of Children, Monique Redford
Seattle University Law Review
Because the state of Washington has a compelling interest in protecting the moral and psychological welfare of its children, the current spam law should be amended to also proscribe the transmission of unsolicited sexually explicit commercial email within its borders. This article argues that such an amendment would not violate either the dormant Commerce Clause or the First Amendment. In support of this thesis, section II first addresses the pervasive problem of children-not just adults-receiving sexually explicit material via unsolicited email. Then, sections III through V discuss the implications of the dormant Commerce Clause, the First Amendment, and the policy …
Applying The Market Participant Exception To Selective Purchasing Laws That Affect Foreign Commerce Relations: Reading Between The Lines Of National Foreign Trade Council V. Natsios, Michelle C. Sarruf
Seattle University Law Review
In this Note, I will examine the background of the situation in Burma as well as the federal and state legislation passed in response to the atrocities occurring within Burma's borders. I will then address the First Circuit's holding that the Massachusetts Burma Law is unconstitutional, focusing on the court's foreign Commerce Clause analysis and failure to apply the market participant exception. Finally, I will discuss the history of and the justifications for the market participant exception, exploring how the exception should be applied in the context of foreign commerce.
Will Surfing The Web Subject One To Transient Tax Jurisdiction? Why We Need A Uniform Federal Sales Tax On Internet Commerce, Aaron G. Murphy
Will Surfing The Web Subject One To Transient Tax Jurisdiction? Why We Need A Uniform Federal Sales Tax On Internet Commerce, Aaron G. Murphy
Seattle University Law Review
This Comment considers how Internet sales could be taxed if Congressional action is taken to remove the Commerce Clause impediments, which would leave only Due Process Clause limitations on Internet taxation. Though three potential solutions are addressed and analyzed for their potential treatment under the Due Process Clause, this Comment concludes that a federal uniform tax on Internet sales of goods will achieve the best balance of interests while avoiding Due Process problems. Part Two provides the reader with a basic description of the current law in the area of sales and use taxes and the problems the Internet poses …
The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos
The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos
Seattle University Law Review
This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …
Product Liability Law In The Federal Arena, Sherman Joyce
Product Liability Law In The Federal Arena, Sherman Joyce
Seattle University Law Review
The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for …
The Validity Of Washington's Antitakeover Act Under The Commerce And Supremacy Clauses, Maureen B. Callahan, David J. Burman
The Validity Of Washington's Antitakeover Act Under The Commerce And Supremacy Clauses, Maureen B. Callahan, David J. Burman
Seattle University Law Review
This Article addresses the constitutionality of the Washington Act under the Commerce and Supremacy Clauses of the United States Constitution, and concludes that despite its extension to a limited group of foreign corporations, the Act is indeed constitutional under both clauses.