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Articles 1 - 25 of 25
Full-Text Articles in Law
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Proposed Citizens Right To Standing Act-Finding The Keys To Unlock The Courthouse Doors, Harold W. Wood, Jr.
Seattle University Law Review
Recent Supreme Court decisions severely restrict the right of citizens to litigate in federal courts. The Court's standing requirements not only limit the ability of citizens to successfully invoke federal court jurisdiction, but also confuse lower courts and litigants attempting to apply the requirements. Standing requirements have met with increasing criticism. And Congress is now considering legislative modification of standing doctrine. Unfortunately, the Court's employment of constitutional foundations in establishing current standing requirements imposes substantial roadblocks Congress must avoid to enact remedial standing legislation. This comment examines the constitutional and pragmatic difficulties of statutory modification of standing requirements and recommends …
Marbury V. Madison, Lord Coke, And Dr. Bonham: Relics Of The Past, Guidelines For The Present—Judicial Review Intransition?, George P. Smith, Ii
Marbury V. Madison, Lord Coke, And Dr. Bonham: Relics Of The Past, Guidelines For The Present—Judicial Review Intransition?, George P. Smith, Ii
Seattle University Law Review
The purpose of this article is to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principle case of Baker v. Carr.
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
A Practitioner's Guide To The Management And Use Of Expert Witnesses In Washington Civil Litigation, Thomas V. Harris
Seattle University Law Review
The Washington litigation process places a premium on the skillful management of expert witnesses. Testimony presented by such witnesses is both readily admissible and virtually unlimited in scope. Washington's adoption of the new Rules of Evidence can only serve to reinforce the current practice. Since most litigated cases involve substantial factual disputes, the development and presentation of expert testimony should be a major concern of all trial attorneys. The importance of trial examination has never been underrated. That part of the litigation process is one that all attorneys relish. The skillful management of expert witnesses, however, involves far more than …
A Historical Analysis Of International Documents Relating To The Status Of Women And Their Relationship To The Future Foreign Policy Of The United States, John Warren Kindt
A Historical Analysis Of International Documents Relating To The Status Of Women And Their Relationship To The Future Foreign Policy Of The United States, John Warren Kindt
Seattle University Law Review
It was predicted that the U.N. World Conference of the International Women's Year would significantly further international human rights for women, but in retrospect the conference fell far short of accomplishing any such goal. In part, the political overtones that permeated the conference caused this failure. Lack of a cohesive strategy on the part of the major countries, especially the United States, allowed the conference to focus on political issues other than women's rights. The United States delegation also evidenced symptoms of being unprepared and unwilling to assume a leadership role. Until the advent of the Carter administration, these symptoms …
Law And Morals: The Perennial And Necessary Tandem, Peter J. Riga
Law And Morals: The Perennial And Necessary Tandem, Peter J. Riga
Seattle University Law Review
The relationship between law and morality has never been terribly clear in the American mind. On one hand, there has been the attempt simply to identify the two. On the other hand, there has existed a deep suspicion of all attempts to relate the two. Traditional Western jurisprudence, at least before Austin, tried to follow a middle course between these two extremes. It is particularly important today, when law occupies such an important dimension in American life, that lawyers once again reexamine this relationship. Law is infinitely more than procedural technique; but it is something less than a religion or …
To Have And Have Not: The Application Of U.C.C. §2-719 To Clauses Limiting Remedy To Repair Or Replacement And Excluding Liability For Consequential Damages In Commercial Contracts, Joan L. Roth
Seattle University Law Review
After outlining the subsections of section 2-719 of the Uniform Commercial Code and suggesting a method for determining to what language in a contract the section should apply, the article discusses the concept of unconscionability that courts must consider under section 2-719(3). It then examines the applicability of section 2-719(2), the "failure of essential purpose" section, to the facts in Washington Supreme Court case Schroeder v. Fageol Motors, Inc. and argues that its application should result in an award of consequential damages, regardless of the fact that the exclusion of consequential damages is conscionable. The article concludes by suggesting a …
Gagging The Press Through Participant And Closure Orders: The Aftermath Of Nebraska Press Association V. Stuart, Valerie Bell
Gagging The Press Through Participant And Closure Orders: The Aftermath Of Nebraska Press Association V. Stuart, Valerie Bell
Seattle University Law Review
In Nebraska Press Association v. Stuart the Supreme Court held that trial courts trying to minimize prejudicial publicity to preserve a fair trial must consider alternatives less drastic than gagging the press. This comment will examine post- Nebraska Press cases involving orders that restrict the flow of information concerning judicial proceedings and will suggest standards that focus on whether an indirect gag order inhibits media coverage of the judicial process. After a brief discussion of Nebraska Press' reasoning and its emphasis on the prior restraint doctrine, a survey of lower court cases will demonstrate Nebraska Press has not prevented judges …
Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski
Defining Religious Discrimination In Employment: Has Reasonable Accommodation Survived Hardison?, Randall J. Borkowski
Seattle University Law Review
Because the primary purpose of the Civil Rights Act of 1964 was the elimination of racial discrimination, not surprisingly the Act's legislative history left unclear the congressional intent of also including religion as an illegal ground for employment discrimination under Title VII. After 1964, the Equal Employment Opportunity Commission (EEOC)' and the courts struggled to interpret Title VII's prohibition of religious discrimination. In 1972, Congress amended Title VII to explicitly protect religious conduct, as well as beliefs, provided the employer might "reasonably accommodate" the conduct without "undue hardship" to his business.' In Trans World Airlines, Inc. v. Hardison, however, …
A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde
A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde
Seattle University Law Review
The rapidly increasing number of student loans maturing under the relatively new guaranteed student loan program have spawned a dramatic increase in the number of educational loans discharged in bankruptcy. This comment will examine former students' ability to obtain college transcripts after discharge of their student loans through bankruptcy. It will discuss the two cases holding that a private college can deny transcripts to bankrupts, but a state college cannot." Furthermore, it will inquire into the purposes of the Bankruptcy Act, the correctness of the restrictive judicial interpretation of the 1970 amendments," and alternative judicial approaches that better reflect the …
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Seattle University Law Review
In Shepard v. Superior Court, the California Court of Appeals held that a party directly witnessing injury to a close relative could recover damages for resulting mental distress in a strict products liability action. By recognizing a duty to avoid infliction of emotional distress in a products liability case, Shepard elevated a manufacturer's duty in strict liability to the level recently recognized in a negligence action. The court correctly reasoned that a cause of action for mental distress in products liability was consistent with economic realities of modern society and the purposes behind products liability.
Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall
Mobil Oil Corp. V. Higginbotham—Confusion Returns To Maritime Wrongful Death Actions, Howard Hall
Seattle University Law Review
In 1967, a helicopter carrying three passengers and a pilot returning from an offshore drilling platform crashed into the Gulf of Mexico beyond Louisiana's territorial waters, killing all aboard. The families of the decedents instituted a wrongful death suit in admiralty, seeking recovery under general maritime law, the Death on the High Seas Act (DOHSA), and the Jones Act. The federal district court found Mobil Oil Corporation, the owner and operator of the helicopter, negligent. In awarding damages the district court limited recovery to pecuniary losses, holding that a pecuniary loss limitation applied regardless of the theory of recovery. Specifically, …
Roberts V. Johnson—A Welcome Change Tainted By An Outmoded Approach To Statutory Interpretation, Mark F. Miller
Roberts V. Johnson—A Welcome Change Tainted By An Outmoded Approach To Statutory Interpretation, Mark F. Miller
Seattle University Law Review
In 1974, the Washington State Legislature repealed its automobile guest statute, intending to establish ordinary negligence as the proper standard of liability in host-guest automobile tort actions. Nevertheless, in March 1978, in Lau v. Nelson, the Washington Supreme Court, ignoring clear indicia of legislative intent, held that the repeal of the guest statute revived the common law of this state, which, like the guest statute, predicated a guest's recovery on proving the host grossly negligent. Having effectively reinstated the very law the legislature repealed, the Lau court declined to decide whether the majority rule of ordinary negligence should replace …
Status Of Student Practice Rules People V. Perez—An Initial Look At The Sixth Amendment, Catherine Walker
Status Of Student Practice Rules People V. Perez—An Initial Look At The Sixth Amendment, Catherine Walker
Seattle University Law Review
Despite the advent of the limited practice of law by law students as early as 1957, a California Court of Appeals in 1978 became the first court to examine the sixth amendment status of student representation in state criminal prosecutions. In People v. Perez, a California appellate court concluded that a lawyer-supervised law student, certified for limited practice by the California Student Practice Rules, is per se ineffective counsel in felony trials. Ostensibly to protect the defendant's right to effective counsel, Perez struck down the student practice rules without considering the proper function of certification in sixth amendment analysis. Moreover, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Tribute To Professor Joseph Sinclitico, Jr., Seattle University Law Review
A Tribute To Professor Joseph Sinclitico, Jr., Seattle University Law Review
Seattle University Law Review
No abstract provided.
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii
Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii
Seattle University Law Review
The addition of the risk capital definition to Washington's securities law will expand regulation to many transactions that in the past were excluded. Although its full application is unforeseeable, the risk capital definition should apply to financing arrangements in the formation of clubs, associations, and cooperatives. Practitioners must be keenly aware that ventures not traditionally defined within Washington's securities regulations many now fall under the risk capital definition of a security.
Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.
Personal Property Security Interests In Washington--Adoption Of The 1972 Official Text Of The Uniform Commercial Code Will Make A Good Law Better, Leland L. Bull, Jr.
Seattle University Law Review
The purpose of this article is to review the Washington State law of personal property security interests under the existing 1962 Text of Article 9 of the Uniform Commercial Code (U.C.C.) adopted by the legislature in 1965 and to introduce the reader to the substantive and procedural improvements adoption of the 1972 Text would make in existing Washington practice.
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
Seattle University Law Review
Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Parent-Child Privilege: Constitutional Right Or Specious Analogy?, Donald Cofer
Seattle University Law Review
To avoid reaching incorrect verdicts as a result of insufficient evidence, courts generally require witnesses to testify to all relevant facts within their knowledge. Two important exceptions to this general rule, incompetency and privilege, rest on very different rationales. Developed at common law to exclude unreliable evidence, rules of competency disqualify certain untrustworthy witnesses from testifying. To promote extrinsic public policies, however, privileges excuse competent witnesses from providing what may be highly probative and reliable evidence. In the past decade there have been calls for legislative or judicial recognition of a parent-child privilege, similar to the marital privilege, that would …
Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum
Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum
Seattle University Law Review
Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …
Seattle School District No. 1 V. State--Demise Of The Pygmy, Warren C. Thompson Iii
Seattle School District No. 1 V. State--Demise Of The Pygmy, Warren C. Thompson Iii
Seattle University Law Review
This Comment discusses how the Washington Supreme Court's holdings regarding the constitutionality of the Washington system of funding grade school education through state funds and local property tax levies.
Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead
Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead
Seattle University Law Review
In Holland v. Boeing Co., the Washington Supreme Court considered for the first time a handicap discrimination case under the unfair employment practices section of the Washington Law Against Discrimination. In construing the statute, the Holland court emphasized that the handicapped are inherently different from other classes antidiscrimination legislation traditionally protects. The court then imposed upon the defendant-employer a high duty of accommodating the disabilities of handicapped employees. Thus, the decision provides important recognition of disabled workers' civil rights.
Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond
Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond
Seattle University Law Review
Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.