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Articles 1 - 10 of 10
Full-Text Articles in Law
The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters
The Impasse Of Tibetan Justice: Spain's Exercise Of Universal Jurisdiction In Prosecuting Chinese Genocide, Craig Peters
Seattle University Law Review
Universal jurisdiction is the progressive and contentious legal principle that courts have competence to adjudicate cases involving alleged violations of international law regardless of the nation in which those crimes occurred, the nationality of the victim, or the nationality of the perpetrator. While the limits of more conventional theories of jurisdiction are defined by sovereignty, territory, and nationality, the exercise of universal jurisdiction is based solely on the nature of the crime alleged. That is, when a crime is so serious that it violates peremptory norms of international law, courts are entitled, or even obliged, to hear those cases regardless …
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt
Between A Bed And A Hard Place: How Washington Can Keep Psychiatric Patients In Treatment And Off The Streets, Spencer Babbitt
Seattle University Law Review
On February 27, 2013, ten psychiatric patients were being involuntarily detained in hospital emergency departments located in Pierce County under Washington State’s Involuntary Treatment Act (ITA). Despite the name of the law that authorized their detainment, these individuals were not receiving any psychiatric treatment during their confinement. Nor were they there as the result of a criminal conviction. The only thing these ten detainees were guilty of was being mentally ill. Under what is now considered to have been a misinterpretation of the ITA, counties across Washington had for years been confining mentally ill patients in hospitals not certified to …
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Evading Miller, Robert S. Chang, David A. Perez, Luke M. Rona, Christopher M. Schafbuch
Seattle University Law Review
Miller v. Alabama appeared to strengthen constitutional protections for juvenile sentencing that the United States Supreme Court recognized in Roper v. Simmons and Graham v. Florida. In Roper, the Court held that executing a person for a crime committed as a juvenile is unconstitutional under the Eighth Amendment. In Graham, the Court held that sentencing a person to life without parole for a nonhomicide offense committed as a juvenile is unconstitutional under the Eighth Amendment. In Miller, the Court held that a mandatory sentence of life without parole for a homicide offense committed by a juvenile is also unconstitutional under …
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Blood And Privacy: Towards A "Testing-As-Search" Paradigm Under The Fourth Amendment, Andrei Nedelcu
Seattle University Law Review
A vehicle on a public thoroughfare is observed driving erratically and careening across the roadway. After the vehicle strikes another passenger car and comes to a stop, the responding officer notices in the driver the telltale symptoms of intoxication—bloodshot eyes, slurred speech, and a distinct odor of intoxicants. On these facts, a lawfully-procured warrant authorizing the extraction of the driver’s blood is obtained. However, the document fails to circumscribe the manner and variety of testing that may be performed on the sample. Does this lack of particularity render the warrant constitutionally infirm as a mandate for chemical analysis of the …
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini
Seattle University Law Review
Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner
Seattle University Law Review
This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Public School Funding And Mccleary V. State Of Washington—A Violation Of The Separation Of Powers Doctrine Or A Legitimate Exercise Of Judicial Autonomy?, Jessica R. Burns
Seattle University Law Review
Public school funding has been contentiously litigated throughout the United States, and the Washington Supreme Court has addressed the inadequacy of public school funding in two pivotal cases: Seattle School District No. 1 v. State and McCleary v. State. In both decisions, the Washington Supreme Court held that the State failed to provide an adequate basic education for its public school students; however, in its attempt to remedy the situation, the court took drastically different approaches.
The Dangerous Right To Food Choice, Samuel R. Wiseman
The Dangerous Right To Food Choice, Samuel R. Wiseman
Seattle University Law Review
Scholars, advocates, and interest groups have grown increasingly concerned with the ways in which government regulations—from agricultural subsidies to food safety regulations to licensing restrictions on food trucks—affect access to local food. One argument emerging from the interest in recent years is that choosing what foods to eat, what I have previously called “liberty of palate,” is a fundamental right. The attraction is obvious: infringements of fundamental rights trigger strict scrutiny, which few statutes survive. As argued elsewhere, the doctrinal case for the existence of such a right is very weak. This Essay does not revisit those arguments, but instead …
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
The 2014 Farm Bill: Farm Subsidies And Food Oppression, Andrea Freeman
Seattle University Law Review
The 2014 Farm Bill ushered in some significant and surprising changes. One of these was that it rendered the identity of all the recipients of farm subsidies secret. Representative Larry Combest, who is now a lobbyist for agribusiness, first introduced a secrecy provision into the bill in 2000. The provision, however, only applied to subsidies made in the form of crop insurance. Until 2014, the majority of subsidies were direct payments and the identity of the people who received them was public information. In fact, the Environmental Working Group’s release of the list of recipients led to a series of …
"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer
"Home Rule" Vs. "Dillon's Rule" For Washington Cities, Hugh Spitzer
Seattle University Law Review
This Article focuses on the tension between the late-nineteenth century “Dillon’s Rule” limiting city powers, and the “home rule” approach that gained traction in the early and mid-twentieth century. Washington’s constitution allows cities to exercise all the police powers possessed by the state government, so long as local regulations do not conflict with general laws. The constitution also vests charter cities with control over their form of government. But all city powers are subject to “general laws” adopted by the legislature. Further, judicial rulings on city powers to provide public services have fluctuated, ranging from decisions citing the “Dillon’s Rule” …