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Articles 31 - 46 of 46
Full-Text Articles in Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Beyond Chevron'S Domain: Agency Interpretations Of Statutory Procedural Provisions, Melissa M. Berry
Beyond Chevron'S Domain: Agency Interpretations Of Statutory Procedural Provisions, Melissa M. Berry
Seattle University Law Review
Part II of the Article outlines the procedures required by the APA for agency adjudications. Part III discusses the three primary approaches that courts have followed to determine what triggers formal adjudicatory procedures and introduces the Chevron doctrine. Part IV examines how courts review agency interpretations of statutory provisions under Chevron and its progeny and explores two issues on the fringes of Chevron's domain-interpretations of agency jurisdiction and judicial review provisions-and the concerns that they raise. Next, using lessons from these analogous issues, Part V analyzes similar concerns about congressional intent, institutional competency, agency self-interest, and fairness in the …
A Call For Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, Debra L. Lowman
A Call For Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, Debra L. Lowman
Seattle University Law Review
This Article calls upon the Supreme Court to stay the Judiciary's hand in taxpayer grievances concerning purely executive action. Parts II and III of the Article provide the relevant background material for an understanding of the subject matter. Specifically, Part I recounts the evolution of taxpayer standing, taking the reader from the Supreme Court's decision in Frothingham to its counterpoint decision in Flast. Part III summarizes the Seventh Circuit's unprecedented decision in Freedom. Part IV demonstrates that taxpayer standing as conceived by the Freedom court does not conform to the standing paradigm formulated in Flast, and moreover, …
Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle
Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle
Seattle University Law Review
In Part I, this Comment details the designation process of FTOs and examines the wide array of purposes and activities in which FTOs engage. Part III chronicles how § 2339B has evolved through amendments and judicial interpretation. Part IV establishes that Scales controls the personal guilt analysis and identifies due process concerns implicated by Scales that have been overlooked by the courts. Finally, Part V argues a recklessness standard is the most appropriate fix to § 2339B and proposes a model amendment to that end.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold
Panelist Biographies, Introduction By Dana Gold, Editor's Note, Dana L. Gold
Seattle University Law Review
This conference brought together nationally recognized scholars, attorneys, policymakers and activists from across the country who represent a depth of knowledge and range of viewpoints necessary to explore the intersection of corporate and First Amendment law. This discussion was sometimes heated, frequently politically surprising, and always robust. In this symposium issue, the Seattle University Law Review has captured the presentations and exchanges at this unique, multidisciplinary conference.
Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe
Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe
Seattle University Law Review
As Professor Winkler correctly stated, current doctrine emphasizes the rights of listeners rather than the identity of corporate speakers. My argument is, in effect, that this emphasis misses the key point. But I will not deal with listeners directly. I am simply going to assume, rather than argue, that if corporate advertising were ineffective in influencing voters or legislators, normal market processes would eliminate it. I'm going to take it for granted that when corporations speak, it makes a difference in the actual results.
Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck
Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck
Seattle University Law Review
Today's discussion will be about a rather famous case-actually, a non-case, Nike v. Kasky.
Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed
Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed
Seattle University Law Review
This session is Protecting the Polity: Strategies for Reform, and we frame this as additional strategies that are actually percolating in a concrete way out in the real world, not just in the world of academic theory, to promote citizen participation in a democracy that countenances corporate influence in the political process.
After Thirty Years, Is It Time To Change The Vehicle Inventory Search Doctrine?, Nicholas B. Stampfli
After Thirty Years, Is It Time To Change The Vehicle Inventory Search Doctrine?, Nicholas B. Stampfli
Seattle University Law Review
Part II of this Comment will describe the inventory search as it has developed in the Supreme Court's jurisprudence in order to provide background and understanding of the procedure as it stands today. Part III will address the difficulties in applying the Supreme Court's approach by comparing the differences in police department policies. Part IV will then closely examine Washington's somewhat laudable approach to inventory searches, the limits the state has placed on the scope of inventory searches, and the steps the state has taken to impose a consent requirement. Last, Part V will suggest much needed reforms for Washington …
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
This Article analyzes and examines the Supreme Court's Morse v. Frederick opinion and, in particular, how it has been interpreted expansively by some courts to the point where it may someday become the censorship exception that swallows the rule of Tinker. Part II focuses on the concurring opinion of Justice Alito in Morse paying close attention to the language in his opinion that the Fifth Circuit seized upon and exploited in Ponce. Part III then provides greater detail on how Justice Alito's opinion has been used—arguably, misused and abused—by lower courts in contexts outside of the realm of …
Washington's Way: Dispersed Enforcement Of Growth Management Controls And The Crucial Role Of Ngos, Henry W. Mcgee, Jr.
Washington's Way: Dispersed Enforcement Of Growth Management Controls And The Crucial Role Of Ngos, Henry W. Mcgee, Jr.
Seattle University Law Review
Though there is a valuable and extensive collection of literature on prawl efforts in both states, this Article examines Washington's Growth Management Act and the critical role that NGOs play in supporting the GMA. Specifically, this Article looks at Washington's GMA from three perspectives-legal, historical, and empirical and proposes that NGOs are vital to the GMA's enforcement. Because NGOs are so critical to the enforcement of the GMA, the question of how the courts interpret the scope of authority of growth management hearing boards when deciding growth management cases becomes very important. A decrease in the authority of the hearing …
Dueling Federalists: Supreme Court Decisions With Multiple Opinions Citing The Federalist, 1986-2007, Matthew J. Festa
Dueling Federalists: Supreme Court Decisions With Multiple Opinions Citing The Federalist, 1986-2007, Matthew J. Festa
Seattle University Law Review
This Article examines the use of history in legal interpretation through an empirical analysis of one of the most prominent examples of historical evidence in law: citations to The Federalist in Supreme Court Justices' published opinions. In particular, the Article examines a phenomenon that has occurred frequently over the last two decades, but has thus far been virtually ignored: the citation by different Justices to the same historical source (such as The Federalist) to support divergent or opposing historical interpretations of legal meaning. Although the use of historical evidence in constitutional interpretation is itself much debated, The Federalist continues …
The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan
The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan
Seattle University Law Review
Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.
Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson
Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson
Seattle University Law Review
Why would a relatively mundane dispute over what amounts to a few cubic yards of concrete warrant the extensive discussion encom passed in this Note? This dispute gives rise to a fundamental question about power: What is the scope of municipal power under one of Washington's most important environmental protection laws? Additionally, questions arise about competing normative values within environmental protection, property rights, and responsible land use and development. Placed against a backdrop of growing contentiousness surrounding these issues in Washington politics, the relevance and timeliness of these questions cannot be doubted.
The U.S. Attorney Firings Of 2006: Main Justice's Centralization Efforts In Historical Context, James Eisenstein
The U.S. Attorney Firings Of 2006: Main Justice's Centralization Efforts In Historical Context, James Eisenstein
Seattle University Law Review
The media, the political establishment, and the federal criminal jus-community's focus on the compelling story of the firings is hardly surprising. The details emerged over a period of many months through leaks, internal Department of Justice (DOJ) emails, press releases, interviews, and dramatic congressional testimony. The media's focus on the firings obscured their deeper significance with regard to the nature of the relations between the DOJ and its ninety-three United States Attorneys' Offices (USAOs). This Article addresses this omission by looking at the consequences of these events for the balance struck between central control by Main Justice in Washington and …