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Articles 1 - 30 of 76
Full-Text Articles in Law
Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai
Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai
Fred T. Korematsu Center for Law and Equality
Hedges v. Obama
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
The Right To Publicity After Death: Postmortem Personality Rights In The Wake Of Experiencehendrix V. Hendrixlicensing.Com, Aubrie Hicks
Seattle University Law Review
While the states are fairly consistent in protecting the rights of living individuals, the level of protection for deceased celebrities varies among the states. Some states allow the right to extend beyond death, while others refuse to recognize a postmortem right of publicity. Even among states that do recognize a postmortem right of publicity, the right is protected to varying degrees, with some states providing explicit statutory protections and others providing only common law protections. Given the inconsistencies among the states, the continuing right to publicity after death has been the subject of much litigation over the last few years, …
Unjustifiable Expectations: Laying To Rest The Ghosts Of Allotment-Era Settlers, Ann E. Tweedy
Unjustifiable Expectations: Laying To Rest The Ghosts Of Allotment-Era Settlers, Ann E. Tweedy
Seattle University Law Review
During the allotment era, the federal government took land from tribes and parceled some of it out to individual tribal members, while, in most cases, selling off the remainder to non-Indian settlers. Those actions, which are properly understood as unconstitutional takings, have been reinforced through decades of Supreme Court precedent. Specifically, the Court has used the now repudiated federal allotment policy, which contemplated eventual abolition of tribal governments, to justify contemporary incursions on tribal jurisdictional authority as well as other limitations on tribal sovereign rights. In this way, the Court builds new injustices upon old ones. This Article responds to …
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Seattle University Law Review
To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines
Maritime Piracy: Changes In U.S. Law Needed To Combat This Critical National Security Concern, Daniel Pines
Seattle University Law Review
Piracy threatens, and has taken, the lives of American crews and civilians. It poses an enormous economic threat, both in terms of ransom payments and impact on global commerce. It enhances political instability in significant regions of the world, such as the Horn of Africa and the Straits of Malacca. Most critically, though, maritime piracy offers an easy and tempting conduit for terrorism. Terrorists have already used maritime options to advance their cause in several dramatic attacks, including the hijacking of a cruise ship (and murder of a Jewish passenger), the ramming of a boat into a U.S. destroyer (killing …
Investing In Health Care: What Happens When Physicians Invest And Why The Recent Changes To The Patient Protection And Affordable Care Act Fail To Protect Patients From Their Physicians’ Self-Interest, Nancy L. Zisk
Seattle University Law Review
This Article considers possible ways to protect a patient’s interest in receiving care and advice that reflects solely what is in the patient’s best interest and not what might be in the interest of his or her physician’s financial health. Part II reviews the importance of trust in the physician–patient relationship and examines how that relationship is affected by the conflict of interest that arises between patients and their physicians who own the medical facilities, devices, and treatment services prescribed. Part III examines the ethical and statutory restrictions that have been and are currently imposed on physicians who own facilities …
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Seattle University Law Review
In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
Seattle University Law Review
Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …
Brief Of Amicus Curiae, Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Robert Chang, Fred T. Korematsu Center For Law And Equality
Brief Of Amicus Curiae, Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Robert Chang, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Garcia-Bueno
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Faculty Articles
Comments Submitted to the Washington State Department of Ecology.
Brief Of Amici Curiae The Defender Initiative And Aclu Of South Carolina, The Defender Initiative, Aclu Of South Carolina, Robert C. Boruchowitz
Brief Of Amici Curiae The Defender Initiative And Aclu Of South Carolina, The Defender Initiative, Aclu Of South Carolina, Robert C. Boruchowitz
Fred T. Korematsu Center for Law and Equality
Brief of Amici Curiae The Defender Initiative and ACLU of South Carolina
Plaintiff-Appellant's Replacement Reply Brief, Anjana Malhotra, Robert Chang, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic
Plaintiff-Appellant's Replacement Reply Brief, Anjana Malhotra, Robert Chang, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic
Fred T. Korematsu Center for Law and Equality
Hoisington v. Williams
Blood Forests: Post Lacey Act, Why Cohesive Global Goverance Is Essential To Extinguish The Market For Illegally Harvested Timber, Sean H. Waite
Blood Forests: Post Lacey Act, Why Cohesive Global Goverance Is Essential To Extinguish The Market For Illegally Harvested Timber, Sean H. Waite
Seattle Journal of Environmental Law
No abstract provided.
Plaintiff-Appellant's Opening Replacement Brief, Anjana Malhotra, Robert Chang, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality
Plaintiff-Appellant's Opening Replacement Brief, Anjana Malhotra, Robert Chang, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Hoisington v. Williams
Amicus Curiae Brief Of The Washington Defender Association, The Washington Association Of Criminal Defense Lawyers, The Northwest Immigrant Rights Project, Oneamerica, Fred T. Korematsu Center For Law And Equality, And The Washington Chapter Of The American Immigration Lawyers Association, In Support Of Appellant's Motion For Reconsideration, Fred T. Korematsu Center For Law And Equality
Amicus Curiae Brief Of The Washington Defender Association, The Washington Association Of Criminal Defense Lawyers, The Northwest Immigrant Rights Project, Oneamerica, Fred T. Korematsu Center For Law And Equality, And The Washington Chapter Of The American Immigration Lawyers Association, In Support Of Appellant's Motion For Reconsideration, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Cervantes
Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Sisouvanh
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Fred T. Korematsu Center for Law and Equality
Juvenile Justice and Racial Disproportionality: A Presentation to the Washington State Supreme Court
Can Indian Tribes Sell Or Encumber Their Fee Lands Without Federal Approval?, Mark A. Jarboe, Daniel B. Watts
Can Indian Tribes Sell Or Encumber Their Fee Lands Without Federal Approval?, Mark A. Jarboe, Daniel B. Watts
American Indian Law Journal
No abstract provided.
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
State v. Allen
The Least Of These: In Praise Of Professor Tom Holdych’S Integrity And Dedication To Justice For The Disadvantaged, Henry Mcgee
The Least Of These: In Praise Of Professor Tom Holdych’S Integrity And Dedication To Justice For The Disadvantaged, Henry Mcgee
Faculty Articles
An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.
Tribute To Professor Tom Holdych, John Weaver
Tribute To Professor Tom Holdych, John Weaver
Faculty Articles
An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark A. Chinen
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark A. Chinen
Faculty Articles
The article presents information on the Syrophoenician woman with respect to the international law and the international response to global crisis like climatic change. The views of scholars like Bhalakrishna Rajagopal, Amartya Sen and David Boucher are presented on the issue of modern challenges that pose a threat to international justice and international law. Information on the Syrophoenician woman is presented with reference to a passage in the Gospel of Mark.
The Vanishing Plaintiff, Brooke D. Coleman
The Vanishing Plaintiff, Brooke D. Coleman
Faculty Articles
What if restrictive procedural rules kept cases like Bakke v. Regents of the Univ. of Cal., Monell v. Dept. of Soc. Servs., and Hopkins v. Price Waterhouse from making it past a motion to dismiss and on to the Supreme Court? A case like Bakke is well-known for its holding about the use of race in admissions policies. But imagine that Alan Bakke was never able to get his original trial court complaint past a motion to dismiss, through discovery, and on to a final, appealable judgment. While reasonable people can disagree about the merits of Bakke, it …
Location, Location, Location: Using Cost Of Living To Achieve Tax Equity, James Puckett
Location, Location, Location: Using Cost Of Living To Achieve Tax Equity, James Puckett
Faculty Articles
All other things being equal, the federal income tax ignores whether the taxpayer lives in a relatively affordable or expensive location. This approach can lead to unfairness; moreover, special deductions for the taxpayer's actual living expenses, such as home mortgage interest and state and local taxes, do not solve the problem. Tax law scholars have generally been quick to dismiss the equity issues based on assumptions about taxpayer mobility. The existing literature would tax comparable workers equally, regardless of salary and living costs. This approach would unfairly equate differently situated workers. This article questions the assumption of taxpayer mobility, considers …
Saving The Puget Sound Wild Salmon Fishery, George Van Cleve
Saving The Puget Sound Wild Salmon Fishery, George Van Cleve
Faculty Articles
This article focuses on the prevention of future habitat losses. Part I explores flaws in how existing law deals with habitat protection and outlines alternative policies to improve it. Part II charts the decline of the Puget Sound salmon fishery and discusses the scientific support for the conclusion that habitat protection and restoration is a central element in restoring it. Part III considers how effective administrative action and related endangered species litigation are likely to be as means of protecting habitat. Since Native American tribes face very severe harm from the fishery's potential destruction, Part III also explores their distinctive …
A Pragmatic Republic, If You Can Keep It, Bill Sherman
A Pragmatic Republic, If You Can Keep It, Bill Sherman
Faculty Articles
The administrative state has been bedeviled by doubts about its democratic legitimacy and its questionable Constitutional provenance. Courts and scholars attack or shore up this weakness, but almost all proceed on the assumption that the administrative state is a modern leviathan unimaginable to the Founders. Consequently, questions about the role of politics in agency decisions assign a disfavored role to “pure politics” in rulemaking. This Book Review Essay challenges that assumption and its implications for the role of politics in administrative decisionmaking. Centering on a review of Jerry L. Mashaw’s new book, Creating the Administrative Constitution: The Lost One Hundred …
It's Time For An Alternative Dispute Resolution Procedure, James Rosenfield
It's Time For An Alternative Dispute Resolution Procedure, James Rosenfield
Faculty Articles
No abstract provided.
Supercolleague, Margaret Chon
Supercolleague, Margaret Chon
Faculty Articles
This memorial tribute to the late Keith Aoki traces the impact of his overlapping activities as an artist, warrior, and mentor, particularly in the area of Asian-American jurisprudence.
The Romantic Collective Author, Margaret Chon
The Romantic Collective Author, Margaret Chon
Faculty Articles
Although the romantic collective author is a much more elusive creature than its romantic individual counterpart, it can be discerned amidst the proliferation of expression on the Internet. This article first outlines the ways in which the romantic author effect operates through both its genius and its arbiter prongs within collaborative authorship practices in digital networks. It next turns to scientific collaboration, where this author effect is attenuated, to assess whether scientific authorship practices might contribute to a more realistic and less romantic understanding of expressive authorship practices. A subsequent case study of collaborative digital authorship by Wikipedia contributors uncovers …
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Faculty Articles
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but are beginning to occupy the same territory. After describing the two paradigms and explaining their origin and operation, he puts forward a prediction for what their convergence may portend for the future of civil rights thought.