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Articles 1 - 30 of 37
Full-Text Articles in Law
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
Faculty Articles
This article challenges the persistent claim that Chapter 11's increasing utilization of market mechanisms will help facilitate economically efficient resolutions of corporate financial distress. Using two recent case studies, this article shows that, in fact, these mechanisms are used by stakeholders with existing market power to take control of the restructuring process and extract rents at the expense of other constituents: creditors, equity holders, and—in the case of companies that receive governmental bailouts—taxpayers. These distortionary effects are obscured by a dominant, neoclassical legal paradigm that ignores institutional and political dynamics. This article advances a new explanatory model that draws upon …
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Faculty Articles
Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional …
The Evolution Of The Modern Corporation: Corporate Governance Reform In Context, Charles O'Kelley
The Evolution Of The Modern Corporation: Corporate Governance Reform In Context, Charles O'Kelley
Faculty Articles
This article traces the evolution of the modern corporation from the American Civil War to the present. Professor O’Kelley begins with a focus on the period from 1865 to the Great Depression. This was the era of the Great Tycoon, the time of the second industrial revolution and the transformation of America’s economy from small proprietorships and partnerships to the forerunner of the modern corporation. Professor O’Kelley then details the transformational crisis of the Great Depression and Adolf Berle’s central role in shaping America’s changed understanding of the proper relationship between government and the modern corporation. It was Berle, both …
Engaging First-Year Students Through Pro Bono Collaborations In Legal Writing, Mary Bowman
Engaging First-Year Students Through Pro Bono Collaborations In Legal Writing, Mary Bowman
Faculty Articles
This article recommends developing assignments for first-year legal writing courses through collaborations with legal services organizations. The article stems from and describes such ongoing projects at Seattle University School of Law, where several hundred first-year law students have worked on such projects so far. We have partnered with lawyers at organizations like the National Employment Law Project, the ACLU of Washington, and Northwest Justice Project to come up with live issues that they would like to have researched, and they received the best student work product from each class. The partner organizations have used the students’ work in several ways, …
Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade
Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade
Faculty Articles
Professor Dean Spade reviews Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons.
Procedural Due Process In The Expulsion Of Aliens Under International, United States, And European Union Law: A Comparative Analysis, Won Kidane
Faculty Articles
Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons-including noncitizens, also known as "aliens." Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for the expulsion of noncitizens still remains uncertain and is in a constant state of evolution in multiple directions. Indeed, a mix of situational progression and regression characterizes these regimes. The proper balance between personal liberty, due process, and equal protection on the one hand-and security, economic and related governmental and …
Rights, Resources And Rhetoric: Indigenous Peoples And The Inter-American Court, Tom Antkowiak
Rights, Resources And Rhetoric: Indigenous Peoples And The Inter-American Court, Tom Antkowiak
Faculty Articles
In 2012, the Inter-American Court of Human Rights handed down Sarayaku v. Ecuador, a crucial decision on indigenous rights. This article considers how the Sarayaku judgment impacts the Court’s case law on indigenous lands and resources, and evaluates that jurisprudence as a whole. Examining the cases, it becomes evident that the Tribunal now connects a number of key indigenous rights to the right to property, Article 21 of the American Convention on Human Rights. When traditional lands are involved, the right to property has become the Court’s structural basis for indigenous rights. For significant reasons, however, the right to property …
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman
Faculty Articles
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
Derrick Bell: Oregon Trailblazer, Steve Bender
Derrick Bell: Oregon Trailblazer, Steve Bender
Faculty Articles
Tribute to Professor Derrick Bell
A Tribute To Derrick Bell, Henry W. Mcgee
A Tribute To Derrick Bell, Henry W. Mcgee
Faculty Articles
Tribute to Professor Derrick Bell
Derrick Bell: Ethical Ambition And Law Teaching, Natasha Martin
Derrick Bell: Ethical Ambition And Law Teaching, Natasha Martin
Faculty Articles
Tribute to Professor Derrick Bell
Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon
Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon
Faculty Articles
This article makes a case for a theoretical departure from dominant approaches to trademark law. It explains and then connects information capitalism to new governance through the heuristic of brand citizenship. Through these suggested analytical lenses, it examines a case study of ‘Big Fashion,’ which has become a highly concentrated industry focused almost solely on maximizing shareholder profit without regard to consumer, environment, or labor impact. It then concludes with some suggestions regarding the functions of brand citizenship in increasingly globalized markets where downward pressure on prices translates into greater global public “bads” often imposed upon the most vulnerable. For …
Prison Is Prison, Brooke Coleman
Prison Is Prison, Brooke Coleman
Faculty Articles
Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no problem with it. It recently affirmed in Turner v. Rogers, that where an indigent individual is subject to criminal charges that can result in incarceration, he has a right to appointed counsel, but where an indigent individual is subject to civil proceedings where incarceration is a consequence, he does not. In other words, criminal and civil proceedings have different rules, and …
Legal Ethics, Commercial Practice And The Certainty Imperative: A Cautionary Note, Diane Lourdes Dick
Legal Ethics, Commercial Practice And The Certainty Imperative: A Cautionary Note, Diane Lourdes Dick
Faculty Articles
The article focuses on the proposed amendments in Model Rule 1.7 under the Model Rules of Professional Conduct which mentions conflicts-of-interest rules. The American Bar Association Ethics 20/20 Commission has been designed to regulate the use of technology in development of global legal practices in the U.S. It informs that policymakers in legal ethics and commercial law help to govern attorney conduct which provides client-centered interests of fairness, loyalty, and independent judgment.
Fishable Waters, Catherine A. O'Neill
Fishable Waters, Catherine A. O'Neill
Faculty Articles
This article discusses the implications of tribes' treaty-secured rights to take fish for current efforts to set water quality standards in Washington and elsewhere in the Pacific Northwest. Among other things, this article considers the impact of ongoing treaty rights litigation, including the landmark ruling in the "culverts" case handed down by the Western District of Washington in March, 2013. Although this article focuses on agency decision making in the tribal context, it recounts a debate that has often been framed by arguments that are familiar from more general discussions of risk-based regulation. In fact, these generic arguments are often …
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
Faculty Articles
The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys …
The Fully Formed Lawyer: Why Law Schools Should Require Public Service To Better Prepare Students For Private Practice, Sara Rankin
Faculty Articles
It is now commonly accepted that law schools are graduating students who are under-prepared for practice in the real world. In other words, students that perform adequately in the classroom seem to struggle or suffer — to an unnecessary degree — when they enter practice. It is as though law schools are graduating inchoate or “partially-formed” lawyers, who demonstrate classroom fluency but lack meaningful ability to grapple with the wrinkles and complexity of real-world practice. This article argues that to create practice-ready or “fully formed” lawyers, law schools should reform to prioritize hands-on training in public service. It may seem …
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Faculty Articles
Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions are embittered against the state, do not justify their costs. Procedural justice theories indicate that embitterment of those with criminal convictions need not – and should not – be assumed. Rather, policymakers should do what they can to avoid such embitterment. This article therefore proposes that automatic statutory exclusions on the basis of criminal convictions should be abandoned. If a juror …
Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett
Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett
Faculty Articles
The Supreme Court's decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …
Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Lily Kahng, Mary Louise Fellows
Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Lily Kahng, Mary Louise Fellows
Faculty Articles
This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, "Costly Mistakes," this Article's thesis has to do with the disparate treatment of expenditures incurred by business owners and workers. Where the current tax law treats a business owner's expenditure as investment, the Article sometimes finds consumption and questions why the law should allow the expenditure to be deducted. Where the tax law treats a worker's expenditure as consumption, the Article sometimes finds investment and questions why the law does not allow at least a …
Transforming Domestic Violence Representation, Jane Stoever
Transforming Domestic Violence Representation, Jane Stoever
Faculty Articles
The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …
The Invention Of Asian Americans, Robert S. Chang
The Invention Of Asian Americans, Robert S. Chang
Faculty Articles
The essay begins by examining amicus briefs submitted in Fisher v. Texas by Asian American organizations in support of and in opposition to affirmative action. What does it mean when groups that purportedly protect, advance, and represent the interests of Asian Americans invoke the historical treatment of Asian Americans and present facts about Asian Americans but end up advocating for opposite outcomes? This Essay starts with the competing Asian American perspectives and assertions of authority expressed in these briefs to explore the theme of a Symposium at the UC Irvine School of Law, provocatively entitled, Reigniting Community: Strengthening the APA …
"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong
"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong
Faculty Articles
Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …
Postscript To A Deanship, Annette E. Clark
Postscript To A Deanship, Annette E. Clark
Faculty Articles
The author reflects on her experiences as the dean of the Saint Louis University School of Law and tries to discern lessons that might be useful to other deans.
Derrick A. Bell, Jr.: Serving Two Masters Elegantly, Margaret Chon
Derrick A. Bell, Jr.: Serving Two Masters Elegantly, Margaret Chon
Faculty Articles
Tribute to Professor Derrick Bell
Joint Reform?: The Interplay Of State, Federal, And Hemispheric Regulation Of Recreational Marijuana And The Failed War On Drugs, Steven W. Bender
Joint Reform?: The Interplay Of State, Federal, And Hemispheric Regulation Of Recreational Marijuana And The Failed War On Drugs, Steven W. Bender
Faculty Articles
In 2012, Washington and Colorado voters surprised the nation by authorizing the recreational use of marijuana. The outcome sent state regulators scrambling to implement the directive and supply a product source, while the federal government faced its own dilemma of whether to tolerate or squelch these state initiatives contradicting longstanding federal law. Surely the Mexican drug cartels (and other illicit growers and suppliers from Canada and within the United States) weighed the prospect for wider reform and its consequences for their multi-billion dollar industry. Although few of these uncertainties have been resolved with any clarity at the time of this …
Bell Labs: Derrick Bell’S Inspirational Pedagogy, Charlotte Garden
Bell Labs: Derrick Bell’S Inspirational Pedagogy, Charlotte Garden
Faculty Articles
Tribute to Professor Derrick Bell
Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno
Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno
Faculty Articles
The transcription of 2013 Chapman Law Review Symposium: “The Future of Law, Business, and Legal Education: How to Prepare Students to Meet Corporate Needs”. Professor Rankin, along with James E. Moliterno, R. Michael Cassidy, and Susan B. Myers, answer the first panel question, "Can law schools prepare to students to be practice ready?" Professor Rankin discusses the importance of innovations in legal education, and explains how she is actually changing the first year to focus on real-client and real-world experiences. She explains the innovations taking place at Seattle University in her first year lawyering skills classes, where her first-year students …
Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens
Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens
Faculty Articles
The Supreme Court has failed to clarify this important procedural exception to the clear error standard. More than this, the Court has failed to explain why it refuses to apply independent judgment to all constitutional facts. The results of the differential treatment of these two legal concepts are: 1) Rule 52, and the Supreme Court’s approach to its constitutional fact exception is another type of denial of structural due process, preventing the legal norming of intentional discrimination jurisprudence; 2) institutional interests of doctrinal coherence and decisional accuracy are minimized in favor of reducing direct costs to the judicial system; 3) …
Under The Cover Of Gay Rights, Dean Spade
Under The Cover Of Gay Rights, Dean Spade
Faculty Articles
The article presents a U.S. Supreme Court case Perry v. Brown wherein the status of marriage is considered as unique and same sex couples are denied of marriage but granted the same rights and responsibilities as married one. It mentions the views of Stephen Reinhardt, a circuit judge on the United States Court of Appeals for the Ninth Circuit, that a granting rights and responsibilities is not sufficient substitute and mystique of marriage is the central issue related LGBT people.