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Articles 1 - 30 of 49
Full-Text Articles in Law
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Improving Legal Writing Courses: Perspectives From The Bar And Bench, Constance Krontz, Susan Mcclellan
Faculty Articles
To fine-tune legal writing courses to better prepare law students to enter legal practice, Professors Constance Krontz and Susan McClellan surveyed judges and practicing attorneys who supervise the work of first-year associates or judicial law clerks. They selected attorneys from a variety of practices in Washington State, including offices of public defenders and state prosecutors, the Attorney General's office, and private firms of various sizes. They sought information about the performance of all first-year clerks and associates, without reference to where they obtained their law degrees. Knowledge of the bench and bar's perception of the oral and written performance of …
The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye
The Legitimacy Of Amnesties Under International Law And General Principles Of Anglo-American Law, Ronald Slye
Faculty Articles
This article discusses what makes an amnesty legitimate. The author does this by evaluating amnesties in light of international law critiques of amnesties for human rights violations and from principles of both Anglo-American and international law. First, the author breaks the international law critiques into three schools: the obligation to prosecute, the fundamental rights of victims, and the social stability. From these schools, the author derives principles to evaluate the legitimacy of amnesties. After establishing that the doctrine of non bis in idem is not a barrier to evaluating the legitimacy of foreign amnesties, the author selects areas of law …
Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve
Regulating Environmental And Safety Hazards Of Agricultural Biotechnology For A Sustainable World, George Van Cleve
Faculty Articles
This essay first presents an overview of key legal principles that support sustainability. This essay then reviews the major alleged risks of agricultural biotechnology. It then describes the existing U.S. and European agricultural biotechnology regulatory system designed to control those risks. Next, this essay analyzes the existing U.S. regulatory system using sustainability principles. In the course of that analysis, this essay considers lessons to be derived from three case studies: the permitting of Starlink™ corn, the discovery of Mexican maize containing genetically engineered corn genes, and the possible permitting of transgenic salmon for ocean fish farming. This essay also considers …
Designing And Maintaining Law Library Web Sites: Some Practical Considerations, Kent Milunovich
Designing And Maintaining Law Library Web Sites: Some Practical Considerations, Kent Milunovich
Faculty Articles
In recent years law library Web sites have become an increasing presence on the Internet. In a recent Law Library Journal article, Marie Stefanini Newman discussed criteria to use in evaluating law-oriented Internet sites. This article will expand upon some of the principles she addressed by exploring the design and maintenance of law library Web sites. Given that most law libraries now have at least a basic Web site, this article will not discuss HTML (HyperText Markup Language) and methods of using such Web-design tools as Microsoft FrontPage; such information changes over time. Instead the primary focus will be on …
Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez
Institutionalizing Inequality: The Wto Agreement On Agriculture, Food Security, And Developing Countries, Carmen G. Gonzalez
Faculty Articles
The article examines the food security implications of the WTO Agreement on Agriculture. It places the Agreement in historical context, examines its key provisions, and argues that the Agreement systematically favors industrialized country agricultural producers at the expense of farmers in developing countries. The Agreement enables industrialized countries to continue to subsidize agricultural production and to protect domestic producers from foreign competition while requiring market openness in developing countries. The article evaluates the effect of this imbalance on food security in developing countries, and proposes reforms to provide developing countries with the tools to promote access by all people at …
Lesbigay Identity As Commodity, David Skover, Kellye Testy
Lesbigay Identity As Commodity, David Skover, Kellye Testy
Faculty Articles
In America's popular culture, LesBiGay identities abound. In its political culture, however, they emerge more tentatively. The commercial and entertainment industries increasingly commodify and celebrate LesBiGay identities. The courts and legislatures generally discount and condemn them. Thus, there is a deep dissonance between the validation of LesBiGay identities in the economic marketplace of items and ideas, and their devaluation in the legal arena of rights and remedies. This piece explores the deep dissonance that exists today between the validation of American LesBiGays in the commercial marketplace and their devaluation in political and legal arenas, and questions the failure of legal …
Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak
Faculty Articles
Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an …
Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason
Developing The Asset Protection Dynamic: A Legacy Of Federal Concern, John K. Eason
Faculty Articles
This article analyzes and critiques the modern asset protection environment, drawing from various paradigms of influence. Particularly, the article considers federal influence over asset protection—proposing that such federal factors need to be investigated with a critical eye in order to comprehensively understand asset protection issues in the modern landscape.
Hacia Un Regimen De Responsabilidad Civil Por Dano Ambiental Transfronterizo, Henry Mcgee, Luz E. Ortiz Nagle
Hacia Un Regimen De Responsabilidad Civil Por Dano Ambiental Transfronterizo, Henry Mcgee, Luz E. Ortiz Nagle
Faculty Articles
This article discusses the importance of protecting the environment on a global level. In view of the gravity of the ecological problems, and the ineffectiveness of existing environmental standards of regimes that are purely national, countries and specialized institutions have concluded that it is imperative to implement international regulations.
The Way We Were And What We “B”, Kelly Kunsch
The Way We Were And What We “B”, Kelly Kunsch
Faculty Articles
This article describes the changes over the past 20 years in the job of reference librarian. Using typical reference questions and quotes from leading law librarians in the early '80s, the author compares current practice and explains the differences in the time, place, and manner of legal reference. Although answering questions may be done today more quickly and efficiently than 20 years ago, the increase in demand and expectations make the job more challenging than ever.
After Intersectionality, Robert S. Chang, Jerome Culp
After Intersectionality, Robert S. Chang, Jerome Culp
Faculty Articles
This essay is part of a symposium that looks at what Peter Kwan has described as post-intersectionality theory. It responds to the principal article in the symposium by Nancy Ehrenreich, Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems. While the authors applaud the effort by Ehrenreich to advance identity theory to account for multiple oppression, they suggest that Ehrenreich and other post-intersectionality scholars work to make these theories speak more directly to legal doctrine and legal actors.
When Interests Diverge, Robert S. Chang, Peter Kwan
When Interests Diverge, Robert S. Chang, Peter Kwan
Faculty Articles
In this review of Mary Dudziak's important book, Cold War Civil Rights: Race and the Image of American Democracy (Princeton Univ. Press 2000), Professors Chang and Kwan find the book to provide compelling historical narratives about the intersection of the Cold War and civil rights struggles. Dudziak demonstrates through an amazing array of historical evidence a story that runs counter to the standard narrative of racial sin followed by racial redemption, which helps us to reassess who we are and to be cognizant of the work that remains.
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Faculty Articles
LatCrit VII, held May 2-5, 2002, in Portland, Oregon, adopted the theme Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community. The conference's opening roundtable set an activist tone by centering within LatCrit discourse several progressive movements for sociopolitical transformation existing in academia and beyond. This article embraces the conference theme as an opportunity to examine and compare the LatCrit scholarly movement with those beyond academia, particularly current and past sociopolitical movements originating in Latina/o communities.
On The Hijacking Of Airplanes (And Agencies): The Faa, ‘Agency Capture,’ And Airline Security, Mark Niles
On The Hijacking Of Airplanes (And Agencies): The Faa, ‘Agency Capture,’ And Airline Security, Mark Niles
Faculty Articles
This article will analyze the allegation that the FAA has been "captured" by airline industry interests. It begins with a summary of agency capture theory, and a brief reference to some of its more important complexities and nuances.
Transboundary Dispute Resolution As A Process And Access To Justice For Private Litigants: Commentaries On Cesare Romano's "The Peaceful Settlement Of International Disputes: A Pragmatic Approach", Henry Mcgee, Timothy W. Woolsey
Transboundary Dispute Resolution As A Process And Access To Justice For Private Litigants: Commentaries On Cesare Romano's "The Peaceful Settlement Of International Disputes: A Pragmatic Approach", Henry Mcgee, Timothy W. Woolsey
Faculty Articles
Professor McGee reviews Cesare Romano's The Peaceful Settlement of International Environmental Disputes: A Pragmatic Approach. Cesare R. P. Romano, of the New York University Center for Global Cooperation, argues for and advocates arbitrative processes as the most tenable means of solving transboundary conflicts over the impacts of environmental pollution as well as access to natural resources.
Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang
Closing Essay: Developing A Collective Memory To Imagine A Better Future, Robert S. Chang
Faculty Articles
This closing essay to a symposium inaugurating UCLA Law School's Program in Critical Race Studies suggests that the racialized Asian American body can operate as a site for collective memory and thus serve as reminders of past mistakes in order to restrain current and future abuses of power. One of the lessons to be learned is from World War II when extreme subordination of one Asian American group, Japanese Americans, was accompanied by the elimination of certain barriers for another Asian American group, Chinese Americans. A similar dynamic may be happening now following September 11. With the increase in legal …
Will Price Control Legislation Satisfactorily Address The Issue Of High Prescription Drug Prices?: Several States Are Waiting In The Balance For Phrma V. Concannon, Shawna Lydon Woodward
Will Price Control Legislation Satisfactorily Address The Issue Of High Prescription Drug Prices?: Several States Are Waiting In The Balance For Phrma V. Concannon, Shawna Lydon Woodward
Seattle University Law Review
Section II of this Note will discuss Canada's prescription drug pricing scheme and why prescription drugs cost significantly more in the United States. Section III will discuss PhRMA v. Concannon, in cluding an analysis of the parties' arguments on price controls for pre- scription drugs. Section IV will illustrate that Washington's current role in the battle on prescription drug pricing is inadequate to provide accessible and affordable prescription drugs for its citizens. Section V concludes with the proposal that Washington adopt new legislation modeled after the Maine Act to Establish Fairer Pricing for Prescription Drugs, which created the Maine Rx …
Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison
Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison
Seattle University Law Review
This Comment contains six main parts. Part II analyzes the Lanham Act of 19461 and the likelihood of confusion standard, which led to the enactment of the FTDA. Part III briefly examines the history of dilution and then looks at the FTDA. Part IV focuses on the FTDA's legislative history and intent. In light of the discussion in the foregoing parts, Part V examines differing interpretations of fame as demonstrated by the decisions by the Third and Ninth Circuits, which illustrate and incorporate the differing interpretations of the FTDA among other circuits. In Part VI, this Comment concludes by proposing …
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon
Seattle University Law Review
This article explores the connection between traditional Jewish localism and the creation of modern American federalism that flows from the Erie doctrine. First, the riddle of Gasperiniis explored. Next, the federalist philosophies of Justices Brandeis and Frankfurter in Erie and Guaranty Trust are discussed. Finally, the article analyzes how Justices Brandeis, Frankfurter, and Ginsburg, as twentieth century American Jews, embody the traditional Jewish minority experience that, at least in part, was informed by anti-Semitism.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The European Union: An Appropriate Model For A Precautionary Approach?, Linda O'Neil Coleman
The European Union: An Appropriate Model For A Precautionary Approach?, Linda O'Neil Coleman
Seattle University Law Review
This Comment will argue that the current use and application of the precautionary principle should not be abandoned. However, before adopting the principle as a rule of international law, the international community should look to the European Union as a starting point for how to uniformly define and apply the precautionary principle. Accordingly, Part II of this Comment will examine the various formulations of the precautionary principle and the widespread adoption of a precautionary approach in a number of international instruments. Part III will describe the European Union's use of the principle and its attempt to balance environmental and public …
Demystifying Ambiguous Statutes With The Maxims Of Statutory Interpretation: A Closer Look At J.D. Tan, Llc V. Summers, Alexander Kleinberg
Demystifying Ambiguous Statutes With The Maxims Of Statutory Interpretation: A Closer Look At J.D. Tan, Llc V. Summers, Alexander Kleinberg
Seattle University Law Review
Section I begins with a brief discussion of the maxims of statutory interpretation and an explanation of how courts employ them to determine an enigmatic law's meaning. Section II provides a history of the J.D. Tan case, including a chronicle of the underlying dispute between the principal debtor, William Summers, and the assighee of the judgment holder, J.D. Tan, LLC. Section III explains why the statute at issue in J.D. Tan, RCW 6.17.020(3), was ambiguous when this case was decided, and how this statute was in need of judicial interpretation via application of the maxims of statutory interpretation. Section IV …
Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh
Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh
Seattle University Law Review
The argument develops as follows. Part II provides a general background on how the court has determined whether an investigative technique or device is a search within the meaning of the Fourth Amendment, and the implications for finding that something is a search. This section focuses primarily on Katz v. United States, the pivotal case in which the Supreme Court departed from previous Fourth Amendment jurisprudence by recognizing that the Fourth Amendment's core value is the protection of individual privacy, not the protection of places. In light of this background, Part III provides examples of how the Supreme Court has …
Reason To Ratify: The Influence Of John Locke's Religious Beliefs On The Creation And Adoption Of The United States Constitution, David L. Wardle
Reason To Ratify: The Influence Of John Locke's Religious Beliefs On The Creation And Adoption Of The United States Constitution, David L. Wardle
Seattle University Law Review
The pervasive influence of Lockean religious convictions motivated the framers of the Constitution to establish a new form of government, provided the theoretical basis for the document itself, and inspired its popular ratification. Part II will lay the groundwork for this thesis by outlining Locke's life and sources of his religious beliefs. Part III will undertake a more substantive examination of Locke's opinions and the writings that memorialized them. Establishing how Lockean ideas of natural law, social contract, and reason are related to the inspiration, drafting, and acceptance of the Constitution takes place in Part IV, before the article's conclusion …
Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade
Undeserving Addicts: Ssi/Ssd And The Penalties Of Poverty, Dean Spade
Faculty Articles
Since the late 1980's, American media and politicians have produced and participated in a moral panic around the issue of illegal drug use. This panic has generated vivid pictures in the American imagination of drug users as a morally depraved, irresponsible, and willfully criminal underclass. Such images have fueled the "war on drugs," a multi-faceted rhetoric and policy approach to drug use that focuses on incarceration, interdiction, and other criminal justice strategies. The punitive approach of the war on drugs has bled into poverty and disability policy with alarming persistence. The trend has influenced numerous poverty alleviation and disability programs …
Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender
Sight, Sound, And Stereotype: The War On Terrorism And Its Consequences For Latinas/Os, Steven W. Bender
Faculty Articles
In the days and weeks following the September 11 terrorist attacks, reports emerged of hate crimes, discrimination, and profiling directed at Arab Americans, Arabs, and Muslims in the United States. Although aware that the primary targets of the public and private response against terrorism were those of Arab or Muslim appearance, I realized that the backlash within the United States also affected Latinas/os and certain other subordinated groups. This Article grew out of my concern that while Latinas/os at first might be deemed "safe" by the American public, their negative societal construction made their targeting inevitable as the fervent, amorphous …
Clarence Thomas The First Ten Years: Looking For Consistency, Mark Niles
Clarence Thomas The First Ten Years: Looking For Consistency, Mark Niles
Faculty Articles
Dean Niles describes his observation and impression of the first ten years of Clarence Thomas’ judgeship. While Dean Niles admits that his own views are more liberal than Clarence Thomas’, he was not initially concerned about those differences. But as the days, weeks and years passed, notwithstanding Dean Niles’ early stoicism, serious concerns about the candidate, and later the Justice, began to arise. These concerns were not based on Justice Thomas' beliefs or ideology, but on a growing set of inconsistencies that began to arise between some of his beliefs and actions. With all due respect to a man who …
A Closer Look At Good News V. Milford: What Are The Implications? (Stay Tuned) , John E. Dunsford
A Closer Look At Good News V. Milford: What Are The Implications? (Stay Tuned) , John E. Dunsford
Seattle University Law Review
This article will examine: (1) whether Lamb's Chapel should control; (2) whether there is a relevant distinction between religious viewpoint and subject matter; (3) whether a forum open to much of the public may be limited to others; (4) whether the presence of prayer and worship should affect the right of a private organization to access public property; and (5) whether such use of public property violates the Establishment Clause.
Alsea Valley Alliance V. Evans And The Meaning Of "Species" Under The Endangered Species Act: A Return To Congressional Intent, Leslie Marshall Lewallen, Russell C. Brooks
Alsea Valley Alliance V. Evans And The Meaning Of "Species" Under The Endangered Species Act: A Return To Congressional Intent, Leslie Marshall Lewallen, Russell C. Brooks
Seattle University Law Review
This article examines whether the Alsea decision's definition of species is consistent with the Endangered Species Act by examining the language of the ESA and Congressional intent. This article then examines some of the implications of the Alsea decision in the Northwest. Counting hatchery salmon would likely result in the removal of most salmon ESUs from the endangered or threatened list, ending many of the costly restrictions imposed by the ESA. In particular, Part I discusses the ESA provisions and congressional intent regarding the definition of species that is pertinent to understanding Alsea. Part II describes some of the …
Whatever Happens To Works Deferred?: Reflections On The Ill-Given Deferments Of The Copyright Term Extension Act, J. Michael Keyes
Whatever Happens To Works Deferred?: Reflections On The Ill-Given Deferments Of The Copyright Term Extension Act, J. Michael Keyes
Seattle University Law Review
In contrast to the limited judicial writings on the CTEA, there is a healthy stock of insightful scholarly works on the CTEA festooning the legal journals throughout the country. This article leaps into the scholarly fray and focuses on the domestic policy justifications and assumptions relied upon by Congress in enacting the CTEA. In so doing, this article argues that the CTEA is premised upon a wayward copyright philosophy and unsupported congressional assumptions. The article also posits a modest alternative to the CTEA that would be more consonant with the philosophical tenets of copyright and more apt to achieve the …