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Articles 1 - 10 of 10
Full-Text Articles in Law
Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson
Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson
Seattle University Law Review
For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal needs of …
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux
Seattle University Law Review
This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Seattle University Law Review
Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …
A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch
A Prescription For Biopharmaceutical Patents: A Cure For Inter Partes Review Ailments, Alex A. Jurisch
Seattle University Law Review
The patent system in the United States was forever changed with the introduction of the Leahy-Smith America Invents Act (AIA) in September of 2011. The AIA brought sweeping changes to American patent law in order to align the U.S. with much of the rest of the world by changing the invention priority from a “first to invent” to a “first to file” system. The first section of this note will provide a brief overview of the substance of inter partes reviews and some of the most critical negatives that have become apparent since 2013. The second section of this Note …
The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill
The (Dunkin') Donut Hole: Fixing The Llc Loophole In State Campaign Finance Laws—A New Hampshire Exemplar, Brendan O'Neill
Seattle University Law Review
The campaign finance laws of New Hampshire (and other states) permit direct contributions to gubernatorial candidates from individuals or corporations of up to $7,000 per campaign cycle. However, no state campaign finance statutes discuss, define, or even mention LLCs. Each LLC is its own individual donor for the purpose of direct campaign contributions, regardless of who controls it. Thus, a wealthy individual can max out the $7,000 direct contribution to his or her preferred candidate through every LLC under his or her control, limited only by imagination and the ability to set up as many LLCs as legally feasible. A …
"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman
"Distinctive Sounds": A Critique Of The Transformative Fair Use Test In Practice And The Need For A New Music Fair Use Exception, Kristin Bateman
Seattle University Law Review
The Constitution gives Congress the power “[t]o promote the Progress of Science and useful Arts,” resulting in our modern regime of patent, trademark, and copyright law. Over time, however, this artistic tradition of copying has collided with more modern concepts of intellectual property rights, especially copyright protections. The advent of the internet as well as state-of-the-art recording and mixing software has vastly increased opportunities to copy, remix, sample, parody, and otherwise alter the work of other artists, particularly musicians. More than twenty years after Campbell v. Acuff-Rose Music, transformative fair use has become the predominant test courts have used to …
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area and …
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
“Who Will Judge The Many When The Game Isthrough?”: Considering The Profound Differencesbetween Mental Health Courts And “Traditional”Involuntary Civil Commitment Courts, Michael L. Perlin
Seattle University Law Review
For forty years, we have known that involuntary civil commitment hearings are—in most jurisdictions—“charades.” When the Supreme Court noted, in Parham v. J.R., that the average length of a civil commitment hearing ranged from 3.8 to 9.2 minutes, the reaction of many who had done these cases was, “What? So long?!” The characterization of such hearings as being a “greased runway” to a state institution has never been disputed. Lawyers representing these individuals were bored or contemptuous; judges simply wanted to get cases moving; opposing counsel looked at their wrist watches to see when the cases would be done. This …
Debt Stigma And Social Class, Michael D. Sousa
Debt Stigma And Social Class, Michael D. Sousa
Seattle University Law Review
For as long as creditors have been extending credit to consumer debtors, Western society has stigmatized those individuals who failed to repay their financial obligations or who found themselves swamped by unmanageable debt. Over the past three decades, scholars have studied whether the stigma surrounding indebtedness and bankruptcy has declined or increased in American society, mainly due to the sharp spike in consumer bankruptcy filings during the 1990s. These studies have resulted in a general debate over whether debt stigma still exists in society. Absent from the scholarly literature to date is an exploration of whether debtors from different social …
Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton
Curtailing Online Service Provider Immunity From Liability: An Advocacy For The Entension Of Roommates.Com, Corey Patton
Seattle University Law Review
Section 230 of the Communications Decency Act (CDA) was enacted following the controversial decision in Stratton Oakmont, Inc. v. Prodigy Servs. Co., where an interactive computer service provider was held liable for a libelous message posted by a user on one of its financial message boards. The court determined that the service provider was a “publisher” of the libelous message for the purposes of state law because it had engaged in screening and moderating of other objectionable posts on its message boards but failed to remove the libelous message in question. Because the service provider voluntarily self-policed some of the …