Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Property law (10)
- Seattle University (5)
- Seattle University Law Review (5)
- GMA (4)
- Growth Management Act (4)
-
- A Civil Action (3)
- Access and control of genetic test samples and results (1)
- Adoption of GMA in Washington (1)
- Attroneys' fees (1)
- Battered women (1)
- Captive speakers (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil justice system (1)
- Civil rights (1)
- Clean hands (1)
- Commerce Clause (1)
- Common fund doctrine (1)
- Constitutional torts (1)
- Criminal law (1)
- Critical areas and GMA (1)
- Critiquing student work (1)
- Custody requirement (1)
- Differences between Division One version and U.S. Supreme Court (1)
- Domestic violence (1)
- Due Process Clause (1)
- Duty of clinical physicians (1)
- Duty to disclose genetic test results (1)
- Elements of a crime (1)
- Endangered Species Act (1)
- Publication Type
Articles 1 - 30 of 55
Full-Text Articles in Law
Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen
Presidential Certifications In U.S. Foreign Policy Legislation, Mark A. Chinen
Faculty Articles
This article has two purposes; the first is to assess the value of certification requirements by describing their operation in foreign affairs legislation and by accounting for their use and the controversies that attend them. The second purpose of this article is to suggest ways to minimize the costs of certification requirements. The findings are presented in four sections. The author begins by sketching the features of certification requirements in current legislation. Next, the author discusses the constitutional background out of which these requirements arise. Then, in what forms the greater part of this article, the author describes and evaluates …
Imperatives, Normativity, And The Law, Gregory Silverman
Imperatives, Normativity, And The Law, Gregory Silverman
Faculty Articles
In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account …
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
A History Of Writing Advisors At Law Schools: Looking At Our Past, Looking At Our Future, Anne Enquist, Jessie Grearson
Faculty Articles
The authors, themselves writing advisors at The John Marshall Law School and Seattle University School of Law respectively, have recently surveyed both Directors of Legal Writing and Writing Advisors across the country to learn more about the phenomena of Writing Advisors in law schools. This article will report the results of that survey. First, however, the authors will give a brief history of the events surrounding the arrival of Writing Advisors at law schools, including the rise of the writing-across-the-curriculum (WAC) movement, and then they will describe how these events set the stage for Writing Advisors at law schools. Second, …
The Woburn Case: Is There A Better Way?, Michael B. Keating
The Woburn Case: Is There A Better Way?, Michael B. Keating
Seattle University Law Review
This essay suggests that the intense public interest in the best selling novel, A Civil Action, and the subsequent film should be directed less to Academy Awards nominations and more toward ways to improve the methods that our legal system employs to resolve complex and important disputes.
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
Seattle University Law Review
This essay will evaluate the Dukeminier and Krier Property casebook from this perspective: just how good a text is it for teaching new law teachers? The answer, it seems to me, is that their book is very well suited to this goal. Given that I have used the Dukeminier and Krier casebook (D&K casebook) for nine years now, my answer should not surprise the reader. Indeed, I think it is this aspect of the book (and perhaps a general inclination of teachers not to fix what ain't broke) that accounts for the extraordinary loyalty that many professors give to this …
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
Seattle University Law Review
This Comment will focus on the current problems of the ESA and suggest how the ESA can be rewritten to accommodate both environmental and private property interests. Section I will discuss procedure under the ESA. In Section II, the Comment examines the controversial "harm" definition frequently arising in ESA litigation. In Section III, the Comment will dispel the myth that the ESA is currently operating as originally intended and will discuss the reasons why private property owners criticize the current ESA. Section IV will examine a proposal for reauthorizing the ESA written by Senator Dirk Kempthorne (R-Idaho) that Congress failed …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim
Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim
Seattle University Law Review
The Law Review thought it was time to conduct a progress report on the GMA, especially in light of the revolutionary changes it has created for land use law in Washington, including the development of a much more comprehensive approach to land use and resource management. We thought it might be helpful to provide a short history explaining what led to the adoption of the GMA in order to better understand its significance for land use in Washington.
Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos
Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos
Seattle University Law Review
This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender laws in …
Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred
Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred
Seattle University Law Review
This Article makes two observations, both in Parts II and III, that have received insufficient attention in the academic literature and in the courts. First, students in public school classrooms are "captive speakers." Due to compulsory attendance laws, students are "captive" not only when hearing speech, but also when they wish to speak. Adhering to the First Amendment means protecting not only captive listeners, but also captive speakers. Second, in the face of the potential misperception of students that their school endorses the speech of a fellow student, teachers have an extraordinary opportunity to simultaneously disclaim endorsement and teach the …
Property In Context, Craig J. Albert
Property In Context, Craig J. Albert
Seattle University Law Review
Now that Property has shrunk in most law schools to a single semester of three or four credit hours, Professors J. Gordon Hylton, David L. Callies, Daniel R. Mandelker, and my colleague, Paula A. Franzese, offer a new casebook, Property Law and the Public Interest to respond to the new environment.
Mahler V. Szucs: An Impediment To Interinsurer Arbitration And Affordable Personal Injury Protection Coverage, John R. Nicholson
Mahler V. Szucs: An Impediment To Interinsurer Arbitration And Affordable Personal Injury Protection Coverage, John R. Nicholson
Seattle University Law Review
This Note will demonstrate that the Mahler court's decision will lead to inefficient results, because it has essentially compelled PIP insurers to accept representation by attorneys who have a conflict of interests, precluding such insurers from selecting the best means of recovering their PIP interests. As a result, the price of insurance premiums inevitably will escalate, while providing plaintiffs' attorneys with a windfall of increased fees for performing no additional work for their clients. The following discussion will show not only that the Mahler court holding is inefficient as a matter of public policy, but also that its analysis ignores …
Washington's Growth Management Revolution Goes To Court, Richard L. Settle
Washington's Growth Management Revolution Goes To Court, Richard L. Settle
Seattle University Law Review
The purpose of this Article is to analyze and explain court decisions in cases involving challenges to the GMA itself, Growth Board rulings on local compliance, and GMA constraints on specific projects. Special emphasis will be given to the relative degrees of judicial deference accorded to the decisions of local governments and Growth Boards, respectively. Because most GMA requirements are conceptual, not definitive, and often ambiguous, a pervasive, recurring issue is whether the legislature intended to authorize local governments or the Growth Boards to fill in GMA's blanks, that is, to give specific meaning to GMA's often broadly stated requirements. …
Legal Ethics And A Civil Action, Kevin E. Mohr
Legal Ethics And A Civil Action, Kevin E. Mohr
Seattle University Law Review
This Article shows how A Civil Action can be used to supplement a course in Professional Responsibility. A Civil Action contains many events that can similarly be used to introduce students to ethical dilemmas they will confront when they enter the profession. These events can breathe life into otherwise dry discussions of acceptable ethical behavior as set out in ethical codes. In accord with the Lessons from Woburn Project's goal to make A Civil Action and its associated materials into a powerful teaching tool, the book's events vividly illustrate the ethical parameters within which a lawyer must operate, ethical parameters …
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Faculty Articles
This submission made to the TRC by the Allard K. Lowenstein International Human Rights Law Clinic, the Lawyers Committee for Human Rights, and twenty-one international law professors regarding apartheid as a crime against humanity (reproduced below) grew out of the debate within South Africa concerning apartheid, crimes against humanity, genocide, and Nazism. This submission is an authoritative statement by experts in international law concerning the legal status of apartheid and was drafted in part to clarify the relevant issues for a legal evaluation of apartheid-not only within the TRC, but also in broader South African and international society. The submission …
The Past, Present And Future Of Copyright Protection Of Soundalike Recordings, Kent Milunovich
The Past, Present And Future Of Copyright Protection Of Soundalike Recordings, Kent Milunovich
Faculty Articles
This article suggests that copyright law can cover soundalike musical recordings. First, the facts and holding of Midler will be discussed as well as the court's motivation for not deciding the case on a copyright infringement basis. Second, an historical background for copyright infringement of music follows. This section involves a discussion of copyright infringement, parody, and fair use as well as a summary of existing case law regarding each topic. After an illustration of the dilemma of what copyright may protect involving the jazz-rock band Blood, Sweat & Tears, the focus shifts to what could have been done to …
Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Principle 7: Good Practice Respects Diverse Talents And Ways Of Learning, And Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Faculty Articles
This is one of seven articles from a symposium applying to law school the Principles of Good Teaching Practices that were developed for undergraduate educators. The article presents a good overview of the general issues that impact diverse students such as the institutional climate, admission and selection criteria, academic policies, student support program, curriculum, and law school pedagogy. It provides some concrete suggestions on how law schools can enhance learning. It is a good primer for ASP professionals because it points out the various factors that can hinder students' learning or academic performance.
Sailing Through Designing Memo Assignments, Lorraine K. Bannai, Anne Enquist, Judith Maier, Susan Mcclellan
Sailing Through Designing Memo Assignments, Lorraine K. Bannai, Anne Enquist, Judith Maier, Susan Mcclellan
Faculty Articles
Sailing and designing memo assignments have a lot in common. At first, both can seem overwhelming - so much to learn, so much to organize sequentially, and so much to get right in a short period of time. Mistakes mean instability, lost time, and possibly capsizing. Avoiding the mistakes, a good skipper can break through to clean water and good air, and teaching writing can be exhilarating. The students and teacher both benefit from and enjoy working with an ideal memo assignment. The process is critical, but the destination is key. No memo assignment is effective if it results in …
Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud
Postcolonial Imaginaries: Alternative Development Or Alternatives To Development?, Tayyab Mahmud
Faculty Articles
This review essay critically interrogates the discourse and practice of development. It is argued that models of alternative development remain imprisoned in the ontological categories of the development project, an ideological and institutional devise to consolidate the hegemony of the West over the rest. Finally, a framework to explore alternatives to development is suggested.
The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton
The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton
Faculty Articles
Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Narrative And Client-Centered Representation: What Is A True Believer To Do When His Two Favorite Theories Collide?, John B. Mitchell
Faculty Articles
Professor Mitchell illustrates that Client-centered Representation does not simplistically reduce to a single admonition: Tell the client's story. The concept is far more nuanced than that. It incorporates a constellation of ideas. Listen to the client's story. Hear what they want. Try to be creative about ways to tell the story. Look for opportunities to bring their story into the legal process. At the same time, the attorney must join together to discuss any risks and problems which may result from various strategic choices, including the risks in even telling the story and whether those risks are worth it to …
Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud
Colonialism And Modern Constructions Of Race: A Preliminary Inquiry, Tayyab Mahmud
Faculty Articles
This article aims at an examination of the colonial career of the modern construction of race and its traces in post-coloniality. It locates race in regimes of legality and illegality attendant to British colonial rule over India to underscore the defining role of colonialism in modern constructions of race. The first part recounts the modern grammar of racial difference rooted in the colonial encounter between modern Europe and its colonies. The second part identifies three specific sites of deployment of colonial racial stereotypes in colonial India, namely, "martial races," "criminal tribes," and indentured labor. The last part traces the shadow …
Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Conclusion: Adapting The Seven Principles To Legal Education, Paula Lustbader
Faculty Articles
Professor Lustbader discusses how applying the seven principles to legal education can be done without a complete overhaul of legal pedagogy—several of the principles are now evident in many law schools. Professor Lustbader uses quotations from students to show how the seven principles help to create a more effective learning environment for students. Since the principles maximize the students learning experience, as graduates they will be better prepared to server their clients.
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Facing History, Facing Ourselves: Eric Yamamoto And The Quest For Justice, Robert S. Chang
Faculty Articles
Professor Robert Chang reviews Professor Eric Yamamoto’s Interracial Justice: Conflict And Reconciliation In Post-Civil Rights America. Professor Chang illustrates the analytic framework in Interracial Justice that shows us some of the ingredients necessary for a successful resolution. This book is the culmination of several years of activist lawyering and academic writing. In his book, Professor Yamamoto shares the lessons he has learned as an advocate and law professor.
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Introduction: Critical Race Praxis And Legal Scholarship, Margaret Chon
Faculty Articles
In this introduction, Professors Margaret Chon and Keith Aoki situate both Professor Yamamoto's work and the articles that respond to it. They also follow Yamamoto's advice and "perform" critical race praxis as it might relate to legal education and legal scholarship. Thus, the latter part of this introduction takes the form of an epistolary exchange, culled loosely from various e-mail messages between Professors Aoki and Chon. It is intended (in both form and content) to illustrate how conceptual tools that Yamamoto provides can be used to address the intergroup racial justice issues that permeate law schools.
De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro
De Facto Parents And The Unfulfilled Promise Of The New Ali Principles, Julie Shapiro
Faculty Articles
Alternative families - those that do not fit the classic nuclear family model - have been the focus of legal reform over the last twenty years. The American Law Institute has produced model legislation recognizing de facto parents as holders of some limited rights. To some this is a more flexible regime that would benefit non-nuclear families, in particular lesbian families. This article critiques the ALI draft, demonstrating that its promise is largely illusory.
A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro
A Lesbian-Centered Critique Of Second-Parent Adoptions, Julie Shapiro
Faculty Articles
When lesbian couples start families, one woman often begins with all the legal entitlements of parenthood, either by giving birth or by virtue of adopting a child, while the other woman has no legal rights. She is a non-legal parent. Absent legal rights she suffers many critical disadvantages. Second-parent adoptions have been developed to allow lesbians to create families with two-legal parents. They have been widely hailed as a solution to the problem of the non-legal parent. This article argues, however, that for many women they may actually make matters worse. Because some women can use second-parent adoptions, women who …
Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge
Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge
Seattle University Law Review
This Article draws on my legislative and judicial background to focus both on the tendency of the courts to exceed their core constitutional role and the implications of such judicial activism. This article contend that modern courts of general jurisdiction are too often embroiled in sociopolitical controversies best left to the political branches of government. Part I addresses the concept of judicial restraint in our constitutional system and the need to define the core powers of the judicial branch of government. Part II discusses principles of judicial restraint in the federal courts. Part III, using the example of Washington State …
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Seattle University Law Review
This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …
Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann
Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann
Seattle University Law Review
Is it fair that professional football players possess so much control in renegotiating contracts? Do the players in fact possess the control that we perceive them to have? Often, players do have most of the bargaining power, as in the case of college players being chosen in the draft. Once a team has chosen to pursue a draftee out of college, no other team has the right to interfere with that process. If that club fails to sign the player, the club wastes a valuable pick, and there is no remedy for such a failure. But after that introduction into …