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Articles 31 - 60 of 85
Full-Text Articles in Law
A Is Not A: Washington's Unconstitutional Law Of Single-Count, Single-Defendant Inconsistent Verdicts In State V. Goins, Natasha Shekdar Black
A Is Not A: Washington's Unconstitutional Law Of Single-Count, Single-Defendant Inconsistent Verdicts In State V. Goins, Natasha Shekdar Black
Washington Law Review
In State v. Goins, Division I of the Washington State Court of Appeals upheld inconsistent general and special verdicts on the same charge, even though the special verdict finding negated an element of the crime. The Goins court reasoned that the United States Supreme Court and the Washington State Supreme Court had previously upheld inconsistent verdicts in various contexts because the verdicts could have been the result of jury lenity. Therefore, overruling existing precedent, the Goins court upheld the inconsistent verdicts on the ground that distinguishing the Goins context would be elevating form over substance. This Note argues that …
Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green
Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green
Washington Law Review
In Davey v. Locke, a panel of the United States Court of Appeals for the Ninth Circuit ruled that Washington violated the Free Exercise Clause by refusing to allow a scholarship recipient to use state funds to pursue a theology degree. The court held that the state's scholarship requirements facially discriminated against religion, and that the state's interest in not violating its constitution did not serve as a compelling reason for the discrimination. In so holding, the Davey court ignored Ninth Circuit precedent and embraced a theory of the Religion Clauses at odds with United States Supreme Court jurisprudence. …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee
Washington International Law Journal
Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
The Cultural Property Laws Of Japan: Social, Political, And Legal Influences, Geoffrey R. Scott
Washington International Law Journal
Japan's Law for the Protection of Cultural Properties has been heralded as one of the most sophisticated and complete statutes of its kind and has been viewed as a model for other countries considering means to protect their ethnographic and cultural treasures. This Article examines the social, cultural, political, and legal influences antecedent to the promulgation of the statute and discusses the complexities inherent in composing legislation of this sort. The specific Japanese legislative and administrative efforts undertaken to protect national treasures prior to promulgation of the statute, and the political environment contemporaneous with its passage, are compiled, analyzed, and …
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Washington International Law Journal
In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Washington International Law Journal
After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Reforming The Japanese Commercial Code: A Step Towards An American-Style Executive Officer System In Japan?, Matthew Senechal
Washington International Law Journal
After more than a decade of attempting to remedy failing banks, rising unemployment, and a shrinking economy, Japan has taken a new approach to economic reform. With the hope of improving corporate profits and international competitiveness, the Japanese Diet passed legislation in May 2002 amending the Commercial Code to allow corporations to adopt an American-style executive officer system. The amendment establishes a workable new framework for more effective corporate governance in Japan and serves as an important early step in what promises to be a long road to reform. These benefits notwithstanding, its impact will be limited by the Amendment's …
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
From Techical Fix To Regulatory Mix: Japan's New Environmental Law, Lara Fowler
Washington International Law Journal
In post-industrial countries like Japan, modem environmental problems defy easy clean up solutions. Thus, effective clean up depends on diverse regulation. Historically, the Japanese government has relied on statutes that mandated technical "fixes" to clean up highly publicized pollution problems. Although such regulations have been successful in areas like air pollution, recent newspaper headlines highlight the extent to which environmental issues continue to affect densely populated Japan. Beginning with the passage of the Environmental Impact Assessment Law in 1997, however, Japan has significantly diversified its environmental policy. Along with strict new regulatory standards, new national laws now allow public access …
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Washington International Law Journal
Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
Washington International Law Journal
On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Curbing Child-Trafficking In Intercountry Adoptions: Will International Treaties And Adoption Moratoriums Accomplish The Job In Cambodia?, Kelly M. Wittner
Washington International Law Journal
Over the past two decades an enormous increase in intercountry adoptions has prompted international concern over the victimization of children, birth parents, and adoptive families. Recently, the United States has closely scrutinized babytrafficking in Cambodia. Reports of widespread buying, selling, and stealing of Cambodian infants for international adoption prompted the United States to place a moratorium on adoptions from Cambodia on December 21, 2001. In addition, the international community has drafted treaties such as the United Nations Convention on the Rights of the Child ("CRC") and the Hague Convention on Intercountry Adoption ("Hague Convention") to normalize and systematize the process …
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
A Review Of China's New Civil Evidence Law, Paul J. Schmidt
Washington International Law Journal
On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …
The Faint Shadow Of The Sixth Amendment: Substantial Imbalance In Evidence-Gathering Capacity Abroad Under The U.S.-P.R.C. Mutual Legal Assistance Agreement In Criminal Matters, David Whedbee
Washington International Law Journal
Transnational organized crime has an adverse impact on the United States and the People's Republic of China. In the last thirty years, the mutual legal assistance agreement has emerged as an effective mechanism to streamline international judicial assistance in combating borderless crime. The accretion of these agreements has created a growing web of bilateral obligations that links sovereign jurisdictions. The U.S.-P.R.C. mutual legal assistance agreement (the "U.S.-P.R.C. MLAA") furthers U.S. interests by facilitating U.S. Attomeys' access to physical evidence and witnesses in the People's Republic of China. Significantly, the political offense exception in the U.S.-P.R.C. agreement permits U.S. authorities to …
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free
Washington International Law Journal
In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
The Experimental Use Exception In Japan: A Model For U.S. Patent Law?, Jennifer A. Johnson
Washington International Law Journal
The patent laws of the United States and Japan contain provisions that permit the experimental use of patented inventions. In the United States, the common law experimental use exception has been utilized to permit the use of a patented invention to satisfy intellectual curiosity, as long as the use is not commercial. In 1984, the Hatch-Waxman Act provided a statutory experimental use exception in 35 U.S.C. § 271(e)(1). It amended the Patent Act to allow a generic drug company to experiment with a pioneer drug during the pioneer drug's patent term to generate data for obtaining regulatory approval. In contrast, …
Is Assent Still A Prerequisite For Contract Formation In Today's E-Conomy?, Melissa Robertson
Is Assent Still A Prerequisite For Contract Formation In Today's E-Conomy?, Melissa Robertson
Washington Law Review
A browse-wrap agreement is an online contract that governs the use of a Web site but does not require users of the site to affirmatively agree to the terms and conditions of the contract. The terms of a browse-wrap agreement are accessible to the user only by clicking on an Internet link, often inconspicuously located at the bottom of a Web page, marked "Terms and Conditions." Browse-wrap agreements purport to bind users to these terms and conditions when the user merely performs a function of the Web site, such as submitting a query on the site's database or downloading software. …
Researcher Liability For Negligence In Human Subject Research: Informed Consent And Researcher Malpractice Actions, Roger L. Jansson
Researcher Liability For Negligence In Human Subject Research: Informed Consent And Researcher Malpractice Actions, Roger L. Jansson
Washington Law Review
Two sets of federal regulations, the "Common Rule" and Food and Drug Administration (FDA) regulations, govern human subject research that is either federally-funded or involves FDA regulated products. These regulations require, inter alia, that: (1) researchers obtain informed consent from human subjects, and (2) that an Institutional Review Board (IRB) independently review and approve the research protocol. Although the federal regulations do not provide an express cause of action against researchers, research subjects should be able to bring informed consent and malpractice actions against researchers by establishing a duty of care and standard of care. Researchers owe human subjects a …
Back To Prima Paint Corp. V. Flood & Conklin Manufacturing Co.: To Challenge An Arbitration Agreement You Must Challenge The Arbitration Agreement, Andre V. Egle
Washington Law Review
The Federal Arbitration Act (FAA) requires courts to order parties in a dispute arising out of a commercial contract containing an arbitration provision to proceed to arbitration unless the formation or performance of the arbitration agreement itself is at issue. In 1967, the U.S. Supreme Court held in Prima Paint Corp. v. Flood & Conklin Manufacturing Co. that under the FAA, courts, instead of arbitrators, should resolve claims for fraudulent inducement of arbitration agreements. However, courts were not permitted to resolve claims for fraud in the inducement of the underlying commercial contracts. The Court also held that when deciding whether …
So The Army Hired An Ax-Murderer: The Assault And Battery Exception To The Federal Tort Claims Act Does Not Bar Suits For Negligent Hiring, Retention And Supervision, Rebecca L. Andrews
So The Army Hired An Ax-Murderer: The Assault And Battery Exception To The Federal Tort Claims Act Does Not Bar Suits For Negligent Hiring, Retention And Supervision, Rebecca L. Andrews
Washington Law Review
The Federal Tort Claims Act (FTCA) waives the federal government's sovereign immunity as to claims for injuries caused by an act or omission of a government employee within his or her scope of duty. However, this waiver is not absolute and the government has retained immunity for many claims, including those arising out of an assault or battery. The federal circuit courts are split regarding whether this exception applies to claims for the negligent hiring, retention and supervision of federal employees who commit an assault or battery. While the U.S. Supreme Court has left the question unanswered, the Ninth Circuit …
Water, Property, And The Clean Water Act, Janis Snoey
Water, Property, And The Clean Water Act, Janis Snoey
Washington Law Review
In PUD No. I of Pend Oreille County v. Department of Ecology, the Supreme Court of Washington held that Washington State has authority under the Clean Water Act to impose a minimum stream flow requirement on a hydroelectric project seeking to amend its federal license, regardless of whether the flow requirement affects an existing water right. A water right is property protected by the U.S. Constitution's prohibition on taking without just compensation. If a state's imposition of a minimum flow requirement under the Clean Water Act restrains a project from diverting the full quantity of an existing water right, …
Beggars Can't Be Voters: Why Washington's Felon Re-Enfranchisement Law Violates The Equal Protection Clause, Jill E. Simmons
Beggars Can't Be Voters: Why Washington's Felon Re-Enfranchisement Law Violates The Equal Protection Clause, Jill E. Simmons
Washington Law Review
The Washington State Constitution denies persons convicted of felonies the right to vote until their civil rights have been restored. Civil rights are restored when offenders complete all aspects of their sentence, including paying the legal-financial obligations imposed at sentencing. Payment of legal-financial obligations presents a significant hurdle to offenders trying to reclaim their right to vote. According to the Washington Department of Corrections, roughly 46,500 offenders in Washington have not had their right to vote restored solely because of unpaid legal-financial obligations. The right to vote is a fundamental right secured by the United States Constitution, yet the United …
Recognizing The Societal Value In Information Privacy, James P. Nehf
Recognizing The Societal Value In Information Privacy, James P. Nehf
Washington Law Review
Much has been written about database privacy in the Internet Age, most of it critical of the way in which the American legal system addresses the issue. In this article, Professor Nehf maintains that one of the fundamental difficulties with the public policy debates is that information privacy is often discussed as a typical consumer problem rather than a problem of more general societal concern. As a result, arguments over appropriate resolutions reduce to a balancing of individual rights against more general societal interests, such as increased efficiency in law enforcement, government operations or commercial enterprise. Although privacy scholars discussed …
Intergovernmental Cooperation, Metropolitan Equity, And The New Regionalism, Laurie Reynolds
Intergovernmental Cooperation, Metropolitan Equity, And The New Regionalism, Laurie Reynolds
Washington Law Review
The economic gap between affluent suburbia and the urban core has recently received widespread attention among state and local government law scholars. Although the underlying normative arguments rest on very different rationales, scholars with a wide range of doctrinal approaches appear to have formed a consensus that the current concentration of wealth and resources in metropolitan areas is unacceptable. Their common goal of reducing regional disparities has made the scholarly dialogue a dispute over how, rather than whether, to achieve a better distribution. For many of what can be described as the "New Regionalist" scholars, voluntary intergovernmental cooperative efforts may …
Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg
Elder Law: A Guide To Key Resources, Susan J. Hemp, Cheryl R. Nyberg
Librarians' Articles
This research guide identifies and describes 163 books, periodicals, reference tools, databases, electronic discussion groups, organizations, and U.S. government agencies useful to the elder law practitioner and the legal researcher. Appendices include a state-by-state list of state aging agencies, bar association committees and sections, law school courses and clinics, and publications; acronyms; and subject headings and a index terms used in library catalogs, periodical indexes, and related sources.
Researching Outside The Box, Mary Whisner
Researching Outside The Box, Mary Whisner
Librarians' Articles
Ms. Whisner demonstrates that many law-related projects require law students and lawyers to use skills that are outside the core legal research skills which they learn early in law school. She argues that law librarians need to be familiar with the skills and sources of disciplines other than the law and be prepared to guide-or push if necessary-patrons outside the box when appropriate.