Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Brown II (2)
- Brown v. Board of Education (2)
- Constitution (2)
- Constitutional Law (2)
- Footnote Eleven (2)
-
- PICS (2)
- Plessy v. Ferguson (2)
- Seattle Schools (2)
- Supreme Court (2)
- With all deliberate speed (2)
- 9/11 (1)
- AEDPA (1)
- Adjustment of status. H status (1)
- Affirmative action (1)
- Antiterrorism and Effective Death Penalty Act of 1996 (1)
- Attorney-Client Communications (1)
- Attorney-Client Privilege (1)
- Aviation market (1)
- Bong Hits for Jesus (1)
- Busing (1)
- Compulsory integration (1)
- Constitutional law (1)
- Department of Homeland Security (1)
- Derivative status (1)
- Desegregation (1)
- Drafting language (1)
- Electric utility (1)
- Equal treatment (1)
- Evidence (1)
- Federalism (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Seattle University Law Review
The full extent of what the Court decided in Grutter and Parents Involved remains in some dispute. What is far more certain is that both cases continue to stir deeply held passions that help frame public and legal debates about the Court and its role in affirmative action and school desegregation disputes. Amid these increasingly raucous debates, this Article expressly side steps the many questions (and controversies) about what the Court decided in those cases and seeks to escape from the frequently politically charged and volatile context of governmental uses of race. This Article instead focuses on how the Court …
Habeas Corpus Law In The Ninth Circuit After Mendoza V. Carey: A New Era?, Jay W. Spencer
Habeas Corpus Law In The Ninth Circuit After Mendoza V. Carey: A New Era?, Jay W. Spencer
Seattle University Law Review
After a brief review in Part II of the current habeas corpus appeals practice following the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),9 Part III of this Note will examine the factual and procedural history of Mendoza. Next, Part IV will analyze the case's majority and dissenting opinions. Finally, Part V contrasts Mendoza with factually similar cases in other jurisdictions and demonstrates that, even though the Ninth Circuit stands alone, its ruling strikes a proper balance between limiting abuse of the writ and ensuring that it remains available to all inmates who diligently pursue …
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Seattle University Law Review
This Article proceeds in three Parts. Part II considers the historical and social context that led to the ultimate successful strategy in Brown. Although times may have changed, my ultimate argument is that contexts matters; as such, to fully understand Brown, we must understand the strategy behind it and the road that takes us from Plessy to Brown<,/em>. Part III considers the trends that led to Brown's undoing. While Brown I offers no remedy and Brown II provides that schools should be desegregated “with all deliberate speed,” one must understand the societal shifts that occurred, fundamentally changing the …
Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri J. Dobbins
Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri J. Dobbins
Seattle University Law Review
Most motor vehicle crashes are traceable to “some failure of judgment that fully reveals its dangers only when it is too late. That is precisely why they are accidents.” For example, speeding is one of the most prevalent factors contributing to vehicular crashes. Although especially deadly when combined with driver intoxication, speeding is a significant contributing factor in fatal crashes involving sober drivers. Part II of this Article briefly discusses the development of accident insurance. It examines courts' struggles in determining whether an insured's death was an accident for purposes of awarding accidental death benefits, and approaches to resolving this …
Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand
Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand
Seattle University Law Review
This Article will review the constitutional limitations that come into play when a state seeks to rehabilitate its failed electric utility restructuring plan. Under the Constitution, utilities are entitled to earn a reasonable return on the assets devoted to public service. A situation in which retail rates are frozen may result in denial of a compensatory return if the electric utility is incurring higher costs to generate or procure its power supply. This is the traditional "takings" argument based on the Fifth Amendment to the Constitution, as applied to the states under the Fourteenth Amendment. Apart from this commonly asserted …
Solving The Parents Involved Paradox, Lino A. Graglia
Solving The Parents Involved Paradox, Lino A. Graglia
Seattle University Law Review
The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No. 1 (Parents Involved) presents the seeming paradox that the Constitution can on one day require a school district to take drastic measures, including busing students across a giant school district to increase racial integration in schools, and then prohibit school districts from taking even the mildest measures, such as using race as a tie-breaker in making student assignments, on the next. How, a rational observer must wonder, can this be possible? The answer is that, as usual in the making of “constitutional law,” the Constitution …
The Golden Cage: How Immigration Law Turns Foreign Women Into Involuntary Housewives, Magdalena Bragun
The Golden Cage: How Immigration Law Turns Foreign Women Into Involuntary Housewives, Magdalena Bragun
Seattle University Law Review
This Comment begins with a presentation of the general principles of immigration law, introducing the reader to concepts such as immigrant and nonimmigrant status, derivative status, and adjustment of status. Part III offers a more detailed presentation of the H status, emphasizing H-1B classification and describing specific regulations that are pertinent to the subsequent discussion of the spousal employment authorization problem. Part IV presents five arguments why spouses of foreign professionals should be allowed to work, considering issues such as spousal dependency, equal treatment, the competitiveness of the United States in the global search for talent, and tax benefits.
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …
A Good Idea Stretched Too Far: Amending The General Aviation Revitalization Act To Mitigate Unintended Inequities, Kerry V. Kovarik
A Good Idea Stretched Too Far: Amending The General Aviation Revitalization Act To Mitigate Unintended Inequities, Kerry V. Kovarik
Seattle University Law Review
This Comment will examine the congressional intent that shaped GARA, evaluate the equitable implications of the statute's drafting language, discuss its significant judicial interpretations, and explore the author's recommendations aimed at minimizing GARA's inequities without negating its positive aspects. Part II begins with an analysis of GARA's legislative history, identifies stakeholders and their arguments, and examines issues given insufficient consideration by Congress. Part III assesses how GARA actually affected the aviation market when compared to the stakeholders' predictions. Part IV will survey a selection of important judicial decisions interpreting GARA. Finally, Part V evaluates the inequities created by the statute …
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Seattle University Law Review
This Article argues that the Fourth Amendment protects confidential attorney-client communications from unreasonable government intrusion, including unreasonable court orders compelling production of attorney-client communications. The Article begins by focusing on the elements of a claim under the Fourth Amendment. Part II identifies the elements and subsequent sections address each element in the context of attorney-client communications. Part III considers the legitimate expectation of privacy in confidential attorney-client communications. Part IV addresses the search and seizure requirement, explores authority distinguishing between "actual" and "constructive" searches, and concludes that, in addition to searches, court-ordered production of attorney-client communications (a "constructive" search and …
A Choice That Leaves No Choice: Unconstitutional Coercion Under Real Id, Michael J. Allen
A Choice That Leaves No Choice: Unconstitutional Coercion Under Real Id, Michael J. Allen
Seattle University Law Review
No abstract provided.