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Full-Text Articles in Law
Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, Brian D. Hulse
Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, Brian D. Hulse
Seattle University Law Review
This Article deals with the issues that arise when Washington courts face the following scenario. One spouse enters into a contract without the joinder (and perhaps without the knowledge) of the other spouse. Both spouses are domiciled in Washington. The contract has contacts with one or more jurisdictions other than Washington and is generally governed as to validity and interpretation by the law of another jurisdiction. The contracting spouse defaults and the other party to the contract obtains a judgment on the contract. The court confronts a question about the property to which the plaintiff will have recourse to collect …
Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty
Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty
Seattle University Law Review
The summer of 2020 reignited a conversation about the relationship between race and policing in the United States. While many have taken the opportunity to scrutinize the racially discriminate components of our criminal justice system, comparable aspects of civil law must be equally scrutinized. A particular area of concern pertains to racially biased policing and the concept of “policing for profits” with Black, Indigenous, and people of color communities (BIPOC), which is accomplished mainly through civil asset forfeiture at a state and federal level.
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry
Seattle University Law Review
If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …
The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer
The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer
Seattle University Law Review
It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …
Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith
Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith
Seattle University Law Review
This Comment explores whether testimony regarding repressed memories is admissible under Washington rules of evidence. This Comment concludes that the process of repression and accurate recall of memories has not been proven to be a sufficiently reliable and trustworthy phenomenon to justify admission of evidence that abuse occurred.
An Empirical Examination Of Motions On The Merits, Thomas B. Marvell
An Empirical Examination Of Motions On The Merits, Thomas B. Marvell
Seattle University Law Review
This Article evaluates the Motions on the Merits procedure. Section II outlines the history of commissioners in this country. Section III describes Washington Court of Appeals Division III: its caseload trends, procedures in ordinary appeals, the commissioners' duties, and the MMT history and current procedures. Section IV quantitatively evaluates MMT procedures, exploring their impact on volume of cases decided, delay, backlog, and reversal rates. Section V presents the attorneys' opinions of the MMTs, and Section VI summarizes the results.
Class Actions—Washington Style: A Look At Washington Superior Court Rule 23, Allen K. Easley
Class Actions—Washington Style: A Look At Washington Superior Court Rule 23, Allen K. Easley
Seattle University Law Review
This Article focuses on class actions in the Washington State courts. It compares and contrasts the Washington experience with practice under the federal class action rule, and places particular emphasis on the differences between state and federal practice.
Search, Seizure, And Section 7: Standing From Salvucci To Simpson, Mark H. Adams, George R. Nock
Search, Seizure, And Section 7: Standing From Salvucci To Simpson, Mark H. Adams, George R. Nock
Seattle University Law Review
This article traces the evolution of automatic standing from Jones v. United States to United States v. Salvucci and discusses the approach that has replaced the Jones rule in the Supreme Court. It then discusses the Washington Supreme Court’s continued adherence to the automatic standing rule, despite the Salvucci decision, under the Washington Constitution rather than the fourth amendment. After focusing on the failure of the United States Supreme Court to fashion a standing rule consistent with the Court’s stated purpose for the exclusionary rule, this article urges the Washington court to interpret the state’s constitution in a more consistent, …