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Articles 1 - 30 of 45
Full-Text Articles in Law
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 …
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Faculty Articles
Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.
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.
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.
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, …
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 …
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.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
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 …
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 …
Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.
Sexual Predators: Mental Illness Or Abnormality? A Psychiatrist's Perspective, James D. Reardon, M.D.
Seattle University Law Review
In this Symposium Article, the author discusses Washington’s Sexually Violent Predator Act, RCW 71.09.060, from a psychiatrist’s perspective.
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.
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 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 …
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 …
So What's In A Name? A Rhetorical Reading Of Washington's Sexually Violent Predators Act, J. Christopher Rideout
So What's In A Name? A Rhetorical Reading Of Washington's Sexually Violent Predators Act, J. Christopher Rideout
Seattle University Law Review
In this Article, I will examine this socially constitutive function of narratives in the enactment of Washington State's Sexually Violent Predators Act.'0 This Act is a prime recent example of how social narratives-in this case, narratives of violence, pain, and outrage-lie behind the official language of the law. As Winter would point out, narrative was the vehicle that prompted legal change. The question for this Article, however, is what happens once the story has been recast into another form, here that of a statute? How well do the immediacy of the details and the authorial voice of the story lend …
Proceedings Under Washington's New Statutory Scheme Providing For The Indefinite Involuntary Commitment Of Sexually Violent Predators Are Civil, Not Criminal, In Nature, Timothy Michael Blood
Proceedings Under Washington's New Statutory Scheme Providing For The Indefinite Involuntary Commitment Of Sexually Violent Predators Are Civil, Not Criminal, In Nature, Timothy Michael Blood
Seattle University Law Review
In this Symposium Article, the author discusses the constitutional importance of classifying Washington’s Sexually Violent Predator Act, RCW 71.09.060, as a civil commitment and not a criminal sanction.
A Psychiatric Perspective On Washington's Sexually Violent Predators Statute, Robert M. Wettstein, M.D.
A Psychiatric Perspective On Washington's Sexually Violent Predators Statute, Robert M. Wettstein, M.D.
Seattle University Law Review
This Article will critique Washington's Community Protection Act from the perspective of a clinical and forensic psychiatrist. Part II of the Article will address and examine problems with the statute's definitions and consider some of the problems in conducting evaluations of proposed sexual predators. Part III will then discuss some of the many difficulties inherent in providing treatment under the statute. Part IV will review the potential abuses, costs and risks to the participants presented by the statute. Finally, Part V will focus on the ethical issues in providing expert medical testimony pursuant to the statute.
Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth
Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth
Faculty Articles
The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her article, Professor Ainsworth asserts that the way in which Western scholars to date analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship. Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. This …
Economics And The Environment: Trading Debt And Technology For Nature, Catherine O'Neill, Cass R. Sunstein
Economics And The Environment: Trading Debt And Technology For Nature, Catherine O'Neill, Cass R. Sunstein
Faculty Articles
In this article, Professor O’Neill and Professor Sunstein first explore and suggest improvements in current debt-for-nature swaps, with the ultimate aim of defending the use of economic incentives and Paretian principles in the context of international environmental policy. Second, they examine some of the limitations of the exchange of debt for nature, and thus suggest an alternative exchange that overcomes those limitations. The exchange they envision is quite simple. Developed nations would transfer to developing nations environmentally advanced technologies, particularly technologies designed to increase efficient energy use or to replace non-renewable sources with renewable sources of energy. In return, developing …
Opting In And Out Of Fiduciary Duties In Cooperative Ventures: Refining The So-Called Coasean Contract Theory, Charles O'Kelley
Opting In And Out Of Fiduciary Duties In Cooperative Ventures: Refining The So-Called Coasean Contract Theory, Charles O'Kelley
Faculty Articles
Professor O’Kelley comments on a familiar problem in the law of closely held business associations - the alleged exploitation of weaker or minority investors by stronger or majority participants. The fact pattern is simple. At the outset of the cooperative venture, a stronger participant assumes the role of proprietor, partner, or majority shareholder, while the weaker participant assumes the role of agent, partner, or minority shareholder. For whatever reason, the venturers do not explicitly guarantee or protect the weaker participant’s right to income or continued participation in the venture. Consequently, at some later date the stronger participant reduces or eliminates …
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
Faculty Articles
The Washington sexually violent predator commitment law presents some of the types of arbitrary legal processes that permeate Franz Kafka's The Trial.
A Modern Proposal, Sidney Delong
A Modern Proposal, Sidney Delong
Faculty Articles
This article humorously explains Jonathan Swift’s intention when he wrote “A Modest Proposal for Preventing the Children of Ireland from Being a Burden to Their Parents or Country.” Swift was not writing satirically, his analysis was purely written from an economic standpoint as was Landes and Posner’s modern proposal. Landes and Posner recognized the allocative efficiencies and wealth gains that can be realized when property rights are created in noncommodities, such as people, as did Jonathan Swift.
Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee
Introduction: Mexican Perspectives On Economic, Political And Cultural Implications Of Free Trade, Henry Mcgee
Faculty Articles
Professor McGee introduces two papers submitted to the 1990 UCLA School of Law seminar entitled Law and Development in Latin America. The first paper, written before the onset of negotiations for a free trade treaty between Mexico and the United States, deals with the then new regulations of the Mexican Secretary of the Treasurer (Secretaria de la Hacienda) designed to sweep away a labyrinth of rules and procedures which had traditionally vexed foreign investors who dealt with the Mexican bureaucracy. The second paper concerns the irony which inheres in Mexico's treatment of Central American immigration, a problem relatively undiscussed in …
Speaking Of Rights, Janet Ainsworth
Speaking Of Rights, Janet Ainsworth
Faculty Articles
Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.
What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell
What Went Wrong With The Warren Court's Conception Of The Fourth Amendment?, John B. Mitchell
Faculty Articles
This article discusses the current status of police in the United States--police can undertake any and all actions unrestrained by any law but their own. The post-Warren Supreme Courts have held that none of these police activities are "searches" and/or "seizures," and in these courts' Fourth Amendment jurisprudence, that means that these activities are not circumscribed by the Fourth Amendment at all. Thus, in terms of the Constitution, the police are without any judicial supervision and subject to no standards but their own whim. The article explores the reasons for this, and faults the Warren Court for its mishandling of …
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Filling Gaps In The Close Corporation Contract: A Transaction Cost Analysis, Charles O'Kelley
Faculty Articles
This article develops a more refined transaction-cost based theory which explains: why rational investors in jointly owned, closely held firms initially choose corporate form; why they leave the contractual gaps that they do; and how efficiency-minded judges should respond to postharmony disputes made possible by the form chosen and the gaps left. Professor O’Kelley’s theory takes into account not only the possibility that investors should have chosen partnership law, but also the advantages and disadvantages of organizing production as an implicit team, via long-term contracts between separate businesses or as a sole proprietorship. In explicating this theory of form choice, …
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 …