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Articles 1 - 30 of 60
Full-Text Articles in Law
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, South Asian Bar Association Of Washington, And Washington Women Lawyers, Lorraine K. Bannai, Counsel For Amici Curiae
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, South Asian Bar Association Of Washington, And Washington Women Lawyers, Lorraine K. Bannai, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Civil Rights Amicus Brief Project
Half-Full, Half-Empty? Asian American Electoral ‘Presence’ In 2008, Robert S. Chang, Keith Aoki
Half-Full, Half-Empty? Asian American Electoral ‘Presence’ In 2008, Robert S. Chang, Keith Aoki
Faculty Articles
The article discusses the role of Asian Americans in the election of the U.S. President Barack Obama in 2008. It notes that the influence of Asian American in national politics may not significantly affect the next cycles of presidential elections in the U.S. It notes the importance of patience and optimism in envisioning and constructing Asian American electorate.
Brief Of Amici Curiae Alameda County Bar Association, Bar Association Of San Francisco, Los Angeles County Bar Association, Marin County Bar Association, Santa Clara County Bar Association, Et Al. Supporting Petitioners, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Brief Of Amici Curiae Alameda County Bar Association, Bar Association Of San Francisco, Los Angeles County Bar Association, Marin County Bar Association, Santa Clara County Bar Association, Et Al. Supporting Petitioners, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Strauss et al. v. Horton et al.
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
The Path To Profitability: Reinvigorating The Neglected Phase Of Merger Analysis, Jack Kirkwood
The Path To Profitability: Reinvigorating The Neglected Phase Of Merger Analysis, Jack Kirkwood
Faculty Articles
This article reviews every litigated federal merger case since 1992, when the federal enforcement agencies revised the entry section of their merger guidelines. This review, unprecedented in the literature, shows that courts continue to neglect the entry phase of merger analysis, the phase that addresses whether, if the merged firm raised prices, new firms would enter the market and restore competition. In determining whether new entry is likely, most courts do not ask whether it would be profitable, but whether the market is protected by entry barriers. This “yes or no” approach is flawed, for all markets have some barriers …
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Faculty Articles
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings as Constitutional Facts raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of …
Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman
Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman
Faculty Articles
Access to the justice system, which is broadly defined in the article as the opportunity to resolve the merits of a legal claim, is declining. One source of this decline is the Civil Rules. This article examines how the institutional failings of the civil rulemaking process have allowed for the production of rules that diminish access. Rule 1 of the Federal Rules of Civil Procedure provides that the Civil Rules should facilitate the "just, speedy, and inexpensive resolution" of legal claims. While the Civil Rules Committee considers this timeworn mandate when drafting the rules, there is no agreement about how …
Skirting The Line: Restricting Online Pedophilic Guides Within The Confines Of The First Amendment, Danielle M. Cross
Skirting The Line: Restricting Online Pedophilic Guides Within The Confines Of The First Amendment, Danielle M. Cross
Seattle University Law Review
This Comment argues that parents should not be left to self-help remedies to combat pedophiles in public locations. Part II of this Comment explores the psychological make-up of a pedophile by introducing the diagnostic criteria of pedophilia and by examining lengths to which pedophiles will go to find children. This Part also describes the danger created by websites with seemingly innocuous images and writings, explaining how these websites enable and validate pedophilia. Then, Parts III and IV tackle the issue on two fronts, through state action and federal congressional action, respectively. Part III describes and discusses the SSA, a recent …
Reluctant Judicial Factfinding: When Minimalism And Judicial Modesty Go Too Far, Scott A. Moss
Reluctant Judicial Factfinding: When Minimalism And Judicial Modesty Go Too Far, Scott A. Moss
Seattle University Law Review
Whatever the merits of minimalism in constitutional adjudication, this Essay argues that in another aspect of federal adjudication--what this Essay terms “reluctant judicial factfinding”--we already have too much minimalism. In certain areas of law, courts are quite reluctant to engage in close scrutiny of critically important facts, instead falling back on policies that avoid such factfinding. Parts II, III, and IV discuss each of these three areas of reluctant judicial factfinding. Then, Part V offers some thoughts as to possible causes of this reluctance to undertake factual inquiries that statutes, rules, and Supreme Court precedent instruct district and appellate courts …
Butchering Statutes: The Postville Raid And The Misinterpretation Of Federal Criminal Law, Peter R. Moyers
Butchering Statutes: The Postville Raid And The Misinterpretation Of Federal Criminal Law, Peter R. Moyers
Seattle University Law Review
This article argues that a federal district court misinterpreted several statutes after an immigration raid in Postville, Iowa. In Part II, I begin with an account of Agriprocessors' prior legal troubles, which explains how it became such a politically attractive target. Next, I describe how the investigation of Agriprocessors led to a raid seeking to execute nearly 700 criminal arrest warrants. In Part III, I describe the causes of the accelerated criminal process that resulted in nearly 300 guilty pleas and sentencings in the span of twelve days. In Part IV, I argue that the accelerated process was premised upon …
Sharing Stories: Narrative Lawyering In Bench Trials, Paul Holland
Sharing Stories: Narrative Lawyering In Bench Trials, Paul Holland
Faculty Articles
Narrative lawyering theorists have demonstrated the ways in which the dynamics of stories affect the way lawyers deliver and jurors receive messages within trial. However, relatively little attention has been paid to the distinctive ways in which stories are developed in bench trials. Examining three roughly contemporaneous bench trials, this Article illuminates how this trial format requires lawyers to be both performers and audience, alternating roles frequently, sometimes within the span of a breath or a gesture. The availability of feedback to the lawyer and the possibility of direct intervention by the fact-finder produce a stark contrast to what lawyers …
A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara Phillips, Amy Sommers
A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara Phillips, Amy Sommers
Faculty Articles
This article explores the tensions between China’s newly privatized model of urban housing ownership and its socialist foundations. Through a combination of interviews and local research, the authors investigate the evolution of property ownership in Shanghai’s architecturally-distinctive stock of historic housing, encompassing various architectural periods and styles (including leading examples of Art Deco), which have gone through periods of private ownership (pre-1949), gradual socialization (1949-1965), militant squatting and occupation (1966-1976), and now privatization (1977 to current). Originally single-family residences, many were gerrymandered into multi-family units, in which the original owner/resident was relegated a small portion of space, and the remainder …
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Seattle University Law Review
Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy
Dodging Mistrials With A Mandatory Jury Inquiry Rule, Missy Mordy
Seattle University Law Review
This Comment considers the concept of a jury inquiry and concludes that, with a mandatory jury inquiry rule, judges will ensure that the public ends of justice are met before a mistrial is declared. Part II of this Comment examines the United States v. Razmilovic trial to give a concrete example of how a jury inquiry would have prevented a hastily declared mistrial. Part III.A examines the circuit trend regarding the definition of "manifest necessity." Toward the end of the 1970s, many circuits began to opine that jury inquiries were important when attempting to determine whether there was manifest necessity, …
Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys
Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys
Seattle University Law Review
This Review Essay has two aims. My more immediate aim is to assess where Merrill and Smith's contribution fits in the market for first-year Property casebooks. In short, Property: Principles and Policies represents an important advance in property pedagogy. By focusing thematically on exclusion's efficiency, Merrill and Smith have captured many important features of property overlooked by other casebooks. My longer-range aim is to advance the reclamation project Merrill and Smith have begun, by clarifying further the work that exclusivity does in property law. Property: Principles and Policies brings contemporary scholarship a long way toward appreciating the virtues of exclusivity, …
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Seattle University Law Review
This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Seattle University Law Review
This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …
Resolving The Softwood Lumber Dispute, Sarah E. Lysons
Resolving The Softwood Lumber Dispute, Sarah E. Lysons
Seattle University Law Review
This Comment argues that the London Court of International Arbitration will be able to resolve disputes involving softwood lumber but not resolve the softwood lumber dispute. Part II reviews the history of the dispute. Part III discusses the lessons that Canada and the United States have learned about resolving trade disputes, several of which are reflected in the current agreement. Part IV examines why, although the current agreement provides a degree of neutrality and finality to the dispute that prior regimes lacked, inherent political pressures will prove too large for even this agreement. Finally, Part V concludes that the dispute …
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
Seattle University Law Review
This paper begins with a comparison of two texts: Alain Badiou's Saint Paul: The Foundation of Universalism and Giorgio Agamben's The Time that Remains: A Commentary on the Letter to the Romans. In Parts III and IV, I will summarize in very broad terms the details of Badiou's and Agamben's respective appropriations of Paul. Within each of these Parts, I will speak a little bit about the implications of these various claims for contemporary legal theory-- at least as I understand it, and I am no expert. Finally, in Part V, I will discuss briefly an alternative reading of Paul, …
Panelist Biographies, Editor's Note, Seattle University Law Review
Panelist Biographies, Editor's Note, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Introduction: Notes Towards An Alternate Vision Of The Judicial Role, Andrew M. Siegel
Introduction: Notes Towards An Alternate Vision Of The Judicial Role, Andrew M. Siegel
Seattle University Law Review
No abstract provided.
Voice, Self, And Persona In Legal Writing, Chris Rideout
Voice, Self, And Persona In Legal Writing, Chris Rideout
Faculty Articles
From the author's view, sorting out the complexity of voice—and discussing voice in legal prose—requires a rethinking of who the writer is in legal discourse and, importantly, how that writer is represented in legal prose. It becomes a question not of self expression, but of self-representation and persona. This article will first look at discussions of voice in writing—beginning with what we might mean by voice, then with discussion of personal voice, and then of professional voice. The article then offers another model for looking at voice — a discoursal model — and use that model to reconstruct the idea …
Richard Delgado And The Politics Of Citation, Robert S. Chang
Richard Delgado And The Politics Of Citation, Robert S. Chang
Faculty Articles
Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a "serious charge of invidious racism on the part of respected legal scholars." Professor Derrick Bell described the piece as "an intellectual hand grenade, tossed over the wall of the establishment as a form of academic protest." Whether as firestorm or grenade, this foundational piece had a tremendous impact on the legal landscape. This brief essay examines …
Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang
Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang
Faculty Articles
In this essay, the authors offer an alternative rationale for amicus practice. This rationale emerges from thier experience working on a brief in support of marriage equality that sixty-three Asian American organizations endorsed. They found that an amicus brief can be an effective tool to engage and educate community-based organizations and their constituencies, thereby helping to advance social justice issues. Their story also illustrates how amicus practice can be used to organize communities around a legal issue and to democratize the courts. In this way, even if the effect of amicus briefs on litigation outcomes may be marginal, the process …
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton
How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton
Faculty Articles
This article seeks for the very first time to inform that debate with a notion of property as an essential aspect of human identity in a "mash-up of sorts that might be called Fourth Amendment jurisprudence meets the Radinesque Property of Personhood. Using an expanded version of the notion of property developed by Professor Margaret Radin in her pioneering work Property and Personhood, the Fourth Amendment must contend with the social reality that some aspects of "ownership" or entitlement to property, and some level of vindication of those interests, are essential to the formation and viability of complete human beings. …
Documenting Gender, Dean Spade
Documenting Gender, Dean Spade
Faculty Articles
This article analyzes gender reclassification policies, which determine when an administrative agency will record a change to an individual's gender marker. It’s analysis takes place in three policy contexts: placement in gender-segregated facilities, changing gender marker on IDs, state provision of healthcare that prohibit gender discrimination on the record for those seeking care. It looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification. The article also asks whether the assumed usefulness of gender for identity tracking in the variety of state programs reviewed is well-founded, and it …
Asking Jurors To Do The Impossible: A Response To Peter Tiersma, Janet Ainsworth
Asking Jurors To Do The Impossible: A Response To Peter Tiersma, Janet Ainsworth
Faculty Articles
Comments from Janet Ainsworth at the Summers-Wyatt Symposium - Asking Jurors to Do the Impossible - Friday March 27, 2009 Transcript.