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Articles 31 - 57 of 57
Full-Text Articles in Law
Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt
Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt
Seattle University Law Review
This Comment will argue that an as applied approach allows the executive branch, whether at the state or federal level, to encroach into the legislative realm by rendering a statute unconstitutional as a result of the way the statute is administered. Section II of this Comment will begin by examining the history of the as applied and on its face double jeopardy approaches during the last 20 years. After a close examination of the decisions in Halper and Hudson in sections II.B and II.C, this Comment will explain why the holding of Hudson, though correct in its result, was …
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal
Seattle University Law Review
Because the Ninth Circuit, in reaching its Thomas decision, relied on Smith's hybrid rights language, this Note will focus on the court's analysis of that subject. By applying the hybrid rights' dicta instead of following the actual holding in Smith, the Ninth Circuit reached a conclusion that is illogical and does not comport with current Supreme Court free exercise jurisprudence. This Note will discuss the Thomas court's analysis and will propose a logical interpretation of Smith that more closely reflects the Supreme Court's actual position regarding the Free Exercise Clause.
Washington Water Rights Based On Actual Use Or On Delivery System Capacity? Department Of Ecology V. Theodoratus, Darryl V. Wareham
Washington Water Rights Based On Actual Use Or On Delivery System Capacity? Department Of Ecology V. Theodoratus, Darryl V. Wareham
Seattle University Law Review
This Note argues that the court's holding in Theodoratus, that vested water rights must be based on prior appropriation by actual beneficial use, is correct for three reasons. First, it comports with common law water rights, the foundation of Washington's water rights codes." Second, it is consistent with the language and the intent of Washington's water rights codes. Third, prior beneficial use, compared to system capacity, more closely addresses contemporary water management concerns. This Note acknowledges the shortcomings of the prior beneficial use doctrine under common law and as codified, and presents further steps that Washington's courts and legislature should …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Preface, Seattle University Law Review
Preface, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler
Therapeutic Jurisprudence In The Appellate Arena, David B. Wexler
Seattle University Law Review
In this Introduction, I will briefly summarize Des Rosiers' Court Review article, entitled From Telling to Listening: A Therapeutic Analysis of the Role of Courts in Minority-Majority Conflicts, placing it in a framework that transcends minority-majority conflicts and encourages discussion regarding the use of therapeutic jurisprudence by appellate tribunals. My brief summary is followed by a series of comments that have the potential of launching a refreshing line of inquiry into the appellate process, opinion writing, and the formulation of legal doctrine.
The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya
The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya
Seattle University Law Review
Although the Court has in many instances ruled in favor of Native Americans, its approach in the multiple cases it has decided involving them could rarely be called therapeutic in the sense that term is used in the Introduction to this issue. The Court's jurisprudence in this area provides perhaps the starkest American example of the appellate judiciary functioning in an antitherapeutic role in the context of majority-minority conflicts. In this brief Article, I will identify particular aspects of the Court's jurisprudence to make this point. Further, I will suggest what is needed in order for the Court to function …
Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles
Yelling, Not Telling: An Antitherapeutic Approach Promoting Conflict, Luis Muñiz Argûelles
Seattle University Law Review
In this Article, I will first examine the facts of the Pentecostal Church case, where the above quoted offensive language was used by the Puerto Rico Supreme Court (I). Later I will illustrate the reaction this language produced (II). Following this, I will briefly comment on the benefits and limits of a more conciliatory manner of expression (III). Finally, I will raise some questions as to whether the therapeutic jurisprudence movement should venture into conflicts where the parties are, in effect, testing out their respective political strengths or if it should concentrate on the more traditional fields that have earned …
The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer
The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer
Seattle University Law Review
In the American legal system, the myths surrounding judicial decision-making may pose significant impediments to achieving therapeutic jurisprudence. Courts, we are taught, are confined to the preexisting law, applying it to the conflict as the law itself requires that the conflict be framed. This is, in many ways that matter, a belief system that is not conducive to the therapeutic jurisprudence way.
The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers
The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers
Seattle University Law Review
Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional …
The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams
The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams
Seattle University Law Review
In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …
Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton
Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton
Seattle University Law Review
This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.
The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon
The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon
Seattle University Law Review
This Article will suggest that TJ has occasionally been part of the United States Supreme Court's jurisprudence. The Court sometimes finds itself at the center of deeply-divisive national controversies. On those occasions, the opinion of the Court can, and ought to, play a role in healing the nation's controversy-inflicted wounds. The Court should consciously craft an opinion that speaks to the American people as a whole and that calls on every citizen, regardless of the fervency of his or her beliefs, to accept the resolution of the controversy offered by the Court. During such crises, citizens are unlikely to accept …
Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard
Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard
Seattle University Law Review
Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.
"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin
Seattle University Law Review
Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …
Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee
Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee
Seattle University Law Review
Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …
Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch
Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch
Seattle University Law Review
The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience …
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo
Seattle University Law Review
This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick
Seattle University Law Review
This Article will analyze the antitherapeutic impact of the per curium affirmance (PCA) in two steps. First, delving into the psychology of procedural justice, this Article will explain how litigants value "voice," or the ability to tell their stories, as well as "validation," or the sense that the decisionmaker has heard their words and taken them seriously. Second, this Article, through the use of narrative, will show how a PCA had a negative psychological impact on an actual appellant in a criminal case. The Article will conclude by proposing an alternative to the antitherapeutic PCA.
Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro
Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro
Seattle University Law Review
Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …
A Sea Change In The Appellate Process?, Gerald W. Vandewalle
A Sea Change In The Appellate Process?, Gerald W. Vandewalle
Seattle University Law Review
Professor David Wexler's essay is certain to engender a sense of fear in appellate judges by its very suggestion that we should undertake such a sweeping reform of the appellate process. But the suggestions should-and will-beget the gnawing feeling that Professor Wexler's analysis of the articles by Professors Nathalie Des Rosiers and Amy Ronner, as well as the questions he poses, require us to explore these ideas further. For those of us who follow the "no advisory opinions" we might stop there. For thotshee acpapneolnl aotef courts who use a screening process to divert cases to an alternative dispute resolution …
The Secret Of The Court In The Netherlands, Niels F. Van Manen
The Secret Of The Court In The Netherlands, Niels F. Van Manen
Seattle University Law Review
The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Cyberspace And The "Devil's Hatband", Jonathan J. Rusch
Seattle University Law Review
In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role …
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
Seattle University Law Review
Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Seattle University Law Review
This Comment will explore whether Washington courts should recognize direct-to-consumer advertising as an exception to the learned intermediary rule. With the ultimate goal of advocating the best protection for the consumer, the discussion will suggest that Washington courts should not create an exception. A review of other exceptions to the learned intermediary rule does not support abandoning the doctrine when a drug company advertises its product directly to consumers. Nevertheless, advertising does affect consumer purchases and does influence consumer choices, and drug companies should accept the responsibility to present balanced information. This responsibility should encompass more than meeting the minimum …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Seattle University Law Review
Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.