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Articles 1 - 30 of 35
Full-Text Articles in Entire DC Network
Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond
Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond
Seattle University Law Review
In this Symposium Article, the author responds to Alexander D. Brooks, The Constitutionality and Morality of Civilly Committing Violent Sexual Predators, article.
Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck
Reading Tea Leaves: The Future Of Negotiations For Tort Claimants Free From Fault, Cornelius J. Peck
Seattle University Law Review
This Article first reviews what a study of the 1986 Tort Reform Act reveals to be problems created by that Act for negotiators of settlements in tort suits. These problems are greatest for fault-free plaintiffs. Next, a summary of the previous law governing joint and several liability provides an understanding of these problems and the changes negotiators should make in their negotiation strategies. The court's success in avoiding the mandated disaster for the Workers Compensation Fund raises the possibility that the court may also provide fault-free plaintiffs with an easier escape from the perils and pitfalls created by the Act …
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Seattle University Law Review
This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
It Walks Like A Duck, Talks Like A Duck, . . . But Is It A Duck? Making Sense Of Substantial Similarity Law As It Applies To User Interfaces , Ellen M. Bierman
Seattle University Law Review
This Comment recommends how courts should apply the substantial similarity analysis to user interfaces. Specifically, this Comment (1) delineates the state of the law in the Ninth Circuit and explains how the recent changes should be interpreted with respect to user interfaces; (2) establishes an analytic framework for evaluating proposed substantial similarity tests through the enumeration of a set of goals specific to user interfaces; and (3) uses this analytic framework to evaluate and endorse a test that applies traditional copyright doctrine to a logical and consistent manner.
Who Pays Reet On Your Street: Washington State's Real Estate Excise Tax In Light Of The 1991 Corporate Transfer Act And Beyond—How Can The Legislature Solve Deer Park Pine?, Georges H.G. Yates
Who Pays Reet On Your Street: Washington State's Real Estate Excise Tax In Light Of The 1991 Corporate Transfer Act And Beyond—How Can The Legislature Solve Deer Park Pine?, Georges H.G. Yates
Seattle University Law Review
This Comment aims to give the reader a complete understanding of Washington’s Real Estate Excise Tax. Further, this Comment advocates replacing the current law. Specifically, this Comment argues that REET is in desperate need of repair; it then considers the options available to the Washington State Legislature in 1993. The Comment concludes that, with a few important alternations, the solution lies in a proposal that died in the House Revenue Committee in 1992.
Zen And The Art Of Becoming (And Being) A Lawyer, John Nivala
Zen And The Art Of Becoming (And Being) A Lawyer, John Nivala
Seattle University Law Review
In this essay, the author discusses how law schools should be taught using the Pirsig Model. Furthermore, the author discusses how lawyers should use the Pirsig model in practice.
Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk
Interpretation Of The Statutory Modification Of Joint And Several Liability: Resisting The Deconstruction Of Tort Reform, Gregory C. Sisk
Seattle University Law Review
This Article defends RCW 4.22.070 and opposes the deconstruction of legislative tort reform. The Article’s premise is that the legislature did indeed intend to accomplish a significant reform of the liability system and to take a long, purposeful stride toward the implementation of comparative fault as applied to all parties in tort litigation. The Article concludes that the legislature adopted language that adequately, if sometimes imperfectly, achieves that purpose. The Article discusses the following: the meaning of “fault” as applicable through RCW 4.22.070; the nature of the entities to whom fault must be allocated; the responsibility for raising the culpability …
Washington's Closed-Circuit Testimony Statute: An Exception To The Confrontation Clause To Protect Victims In Child Abuse Prosecutions, Karen R. Hornbeck
Washington's Closed-Circuit Testimony Statute: An Exception To The Confrontation Clause To Protect Victims In Child Abuse Prosecutions, Karen R. Hornbeck
Seattle University Law Review
This Comment argues that E.S.H.B. 2809 should be recognized as an exception to the Confrontation Clause by the Supreme Courts of the United States and Washington. This argument rests upon the premise that E.S.H.B. 2809 falls within the boundaries set by previously recognized exceptions to the hearsay rule and by federal and Washington case law. Indeed, the reliability and trustworthiness of the victim's testimony should not turn on the child's ability to withstand the additional psychological trauma often induced by in-court testimony.' Rather, the special problems that these children bring to the courtroom demand compliance with a statute such as …
Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry
Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry
Seattle University Law Review
To enable citizens opposing projects and proponents defending projects to predict more accurately the results of litigation and to discourage spurious litigation, a more definitive standard of judicial review is necessary. This Article proposes a standard of judicial review that encompasses components of both the adequacy and negative threshold standards of judicial review. The proposed standard of review discourages lawsuits that are brought merely for purposes of delay while ensuring that the agency acted reasonably in making its determination. Before this new standard can be considered, the context in which it will operate must be reviewed. Part II of this …
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Juvenile Justice In Washington: A Punitive System In Need Of Rehabilitation, Jeffrey K. Day
Seattle University Law Review
This Comment argues that the juvenile justice system should be retained in theory, but that Washington’s punitive approach has failed and should be restructured to embrace a system that focuses more on the needs of the offender than on the results of the offense. This Comment advocates for the punitive system to be replaced by laws that once again make rehabilitation a primary goal, but that also provide juveniles with the procedural safeguards necessary to ensure survival in the system. This Comment proposes a significant restructuring of the current system as a means of achieving that goal.
The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown
The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown
Seattle University Law Review
This Article first briefly examines the United States Supreme Court cases dealing with the juvenile death penalty. Second, the Article describes the history and structure of Washington's death penalty statute. Third, the Article analyzes whether the state constitution's ban on cruel punishment prohibits the imposition of the death penalty on juveniles.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
A Buyer's Catalogue Of Prepurchase Precautions To Minimize Cercla Liability In Commercial Real Estate Transactions, Geoffrey Douglas Patterson
Seattle University Law Review
Because the cost and incidence of hazardous waste contamination are soaring and because the courts favor broad interpretations of CERCLA's liability provisions, counsel for prospective purchasers of commercial real estate must take certain prepurchase precautions to minimize potential CERCLA liability. This Comment pro- vides practical suggestions as to the aim and form of those precautions. In Part II, this Comment first examines the basic statutory framework and liability scheme of CERCLA. Part III discusses the common law principles of successor liability and their relation to CERCLA's liability mechanism. Finally, in Part IV, this Comment presents a variety of preventive law …
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
What Would Happen If Videotaped Depositions Of Sexually Abused Children Were Routinely Admitted In Civil Trials? A Journey Through The Legal Process And Beyond , John B. Mitchell
Seattle University Law Review
As all of us are aware, there has been concern throughout our legal system about the trauma that child victims of sexual abuse suffer when testifying at criminal trials. It is likely that these same concerns will follow into the civil arena as civil cases for sexual abuse of child victims become more common. In response, advocates of child victims will propose that videotapes of child depositions be admitted in trial in place of live testimony. Such evidence may have profound effects on juries and may also alter the role of advocates in our civil system. This Article is about …
Law In The Electronic Brothel: How Postmodern Media Affect First Amendment Obscenity Doctrine, Kenneth W. Masters
Law In The Electronic Brothel: How Postmodern Media Affect First Amendment Obscenity Doctrine, Kenneth W. Masters
Seattle University Law Review
This Comment seeks to examine the implications of media ecology models for the past, present, and possible future of obscenity doctrine. Section II of this Comment applies the first model in examining the historical origins of obscenity doc- trine in light of media ecology. This analysis of history reveals a critical presupposition about the effects of media on human behavior.
Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters
Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters
Seattle University Law Review
No abstract provided.
Keynote Address: Predators And Politics, Norval Morris
Keynote Address: Predators And Politics, Norval Morris
Seattle University Law Review
The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.
Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker
Cognitive Restructuring Through Law: A Therapeutic Jurisprudence Approach To Sex Offenders And The Plea Process, Jeffrey A. Klotz, David B. Wexler, Bruce D. Sales, Judith V. Becker
Seattle University Law Review
At the University of Arizona, we hope to develop a series of studies that will ultimately examine a variety of empirical issues relating to the law and plea process with respect to sex offenders. These studies arise from one particular therapeutic jurisprudence application proposed by David Wexler and Bruce Winick. This Article summarizes the empirical questions raised by Wexler and Winick's theory and suggests how those questions might be empirically analyzed.
Confronting Violence: In The Act And In The Word, David Boerner
Confronting Violence: In The Act And In The Word, David Boerner
Seattle University Law Review
In this Symposium Article, the author narrates his experience as a member of the Task Force to create Washington’s Sexually Violent Predator Civil Commitment Law.
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks
Seattle University Law Review
This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …
The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng
The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng
Seattle University Law Review
In this Symposium Article, former prosecutor Norm Maleng discusses his experience with The Community Protection Act and Washington’s Sexually Violent Predator Law.
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
Seattle University Law Review
What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …
Sexual Predator Law—The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Sexual Predator Law—The Nightmare In The Halls Of Justice, Robert C. Boruchowitz
Seattle University Law Review
In this Symposium Article, the author discusses his experience as a defense attorney with Washington’s Sexually Violent Predator Act, RCW 71.09.060.
Sources Of Security, Julie Shapiro
Sources Of Security, Julie Shapiro
Seattle University Law Review
The fixable problems relating to the specifics of the stat- ute thus do not raise the hardest questions that a statute like this one presents precisely because they are fixable. If I agreed that the general idea of the statute was a good one, I still might find the specifics of this statute unacceptable. But I would be able to propose an acceptable statute that accomplished the same basic purpose. Thus, although the specifics of this statute are of enormous importance to the legal questions pending in the courts and to those who must litigate under the statute, the specifics …
Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto
Sexual Violence, Sanity, And Safety: Constitutional Parameters For Involuntary Civil Commitment Of Sex Offenders, Beth Keiko Fujimoto
Seattle University Law Review
This Comment will address two questions: (1) whether the Washington law is substantially similar to or fundamentally different from the Illinois statute; and (2) whether the Washington statute should be upheld as a constitutional exercise of the state's civil commitment authority under Allen v. Illinois. This Comment argues that the Washington scheme is fundamentally different from the Illinois statute under Allen because it is essentially a lifetime preventive detention scheme and therefore fails to meet the constitutional requirements set forth in Allen. To that end, Part II of this Comment generally explores the involuntary commitment of sex offenders, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Doctrine Of Lesser Included Offenses, Kyron Huigens
The Doctrine Of Lesser Included Offenses, Kyron Huigens
Seattle University Law Review
This Article attempts to bring the early lesser included offense cases back to life, to uncover the origins and deeper logic of the doctrine, and to re-introduce the older, elegant solutions to the doctrine’s central problems back into current practice. With regard to the first part of State v. Workman’s two-pronged standard, this Article explores the innate wisdom of the classic elements test and a failed attempt to supplant it and then proposes changing it. With regard to the second prong, this Article proposes a wholesale replacement of the current formulation on the ground that it is fundamentally flawed. This …
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Life And Death In Washington State After Cruzan V. Director, Missouri Department Of Health, Nancy Watkins Anderson
Seattle University Law Review
This Comment argues that the Washington legislature should amend Washington law to allow the removal of life-support measures, including artificial nutrition and hydration, from an incompetent patient in a persistent vegetative state. The Comment further argues that rather than following the ambiguous Informed Consent Law, the legislature should adopt the procedure outlined in the first, unmodified Grant decision. Part II of this Comment examines the Cruzan decision by the United States Supreme Court, including the facts of the case, holding of the court, aftermath of the decision, and long-term effects of the case. Part II also includes an extensive analysis …
Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz
Extinguishing The Burning Crosses: Washington's Malicious Harassment Statute In Light Of The Issues Of Overbreadth And Vagueness, Edward Comitz
Seattle University Law Review
This Comment briefly discusses how Washington’s malicious harassment statute should be interpreted in light of the recent United States Supreme Court case R.A.V. v. City of St. Paul. Because the issues of overbreadth and vagueness are of imminent importance, to Washington’s statute, the majority of this Comment focuses on an analysis of those issues Both issues are discussed in terms of the specific crime of cross burning with the intent to intimidate or harass as proscribed by Section (1) of Washington’s malicious harassment statute. Finally, because the real harms minority victims of hate crimes experience, this Comment argues that Washington’s …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.