Law Commons^™

The Tulalip Tribes' Response Brief

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.

Response Brief Of Appellee Upper Skagit Indian Tribe

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.

Opening Brief Of Appellant Suquamish Tribe

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.

Brief For Appellant Lower Elwha Klallam Tribe

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.

Reach Out And Text Someone: How Test Message Spam May Be A Call Under The Tcpa, Daniel L. Hadjinian

Washington Journal of Law, Technology & Arts

The Arizona Court of Appeals recently found a business liable for sending an unsolicited advertisement email to a recipient’s wireless phone in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”). The court concluded that an email sent to a wireless phone constitutes a “call,” and noted that such a commercial call created the same concerns about consumer privacy that Congress intended to remedy with the TCPA. This finding is consistent with an earlier Federal Communications Commission ruling. Preliminary cases indicate that other courts may be willing to adopt a similar interpretation of the TCPA. In light of this …

Don't Bet On It: How Complying With Federal Internet Gambling Law Is Not Enough, Jennifer W. Chiang

Washington Journal of Law, Technology & Arts

It is disputed whether the United States has a blanket federal prohibition on Internet gambling. As a result of the lack of cohesive federal oversight, states have passed their own Internet gambling laws which, depending on the state’s approach, may regulate making bets online, taking bets online and transferring money between bettor and casino. Some even extend to regulating speech and Internet casino advertisements. For example, card rooms and Indian casinos are prevalent in Washington State, but the state legislature recently made placing a bet over the Internet a Class C felony. This Article will analyze the current framework for …

Employee Internet Misuse: How Failing To Investigate Pornography May Lead To Tort Liability, Jamila Johnson

Washington Journal of Law, Technology & Arts

This Article addresses a New Jersey appellate court’s holding which suggests that employers have a common law duty to investigate online misconduct by their employees. In Doe v. XYC Corp., the Appellate Division of the Superior Court of New Jersey held that an employer has a duty to act when (1) it knows that an employee’s use of the Internet would endanger a third person; and (2) it has reason to believe that it may discipline the employee for online activities in the workplace. The court stated that, under this duty to act, an employer must investigate, discipline, and …

Patent Rights Under Foss Licensing Schemes, Shaobin Zhu

Washington Journal of Law, Technology & Arts

Free/Open Source Software (“FOSS”) licenses generally give developers and users the freedom to run software for any purpose, to study and modify software, and to redistribute copies of either the original or the modified software without paying royalties to previous developers. The FOSS community is facing increasing threats from software patents, especially from entities outside the FOSS community. This Article discusses patent rights under FOSS licenses, including the GNU General Public License (“GPL”) 2.0 and draft 3.0, the Apache License and the Mozilla Public License (“MPL”). It also addresses how current GPL draft 3.0 attempts to reconcile the conflict between …

Brief Of Appellant Skokomish Indian Tribe

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.

Uwlaw, Spring 2007, Vol. 55

Alumni Magazines

Cover story: Now Presiding, Our Alumni Judges

Message from the Dean, page 2

News

• Asian Law Center Receives $1.3 Million to Improve Access to Justice in Rural China, page 3
• Entrepreneurial Law Clinic Opens, page 3
• Meet Rob Dembowski, Law School Alumni Association Vice President, page 4, photo
• Salwen Receives Nelson Award (Richard Salwen '71), page 4, photo
• Andersen Honored by WSBA (Emeritus Professor William Andersen given the 2006 Frank Homan Award recognizing distinguished service and extraordinary contributions to administrative law, the justice system, and the public), page 5, photo
• Law Firm Annual Challenge Is Off to a Good Start, …

No Refills: The Intellectual Property High Court Decision In Canon V. Recycle Assist Will Negatively Impact The Printer Ink Cartridge Recycling Industry In Japan, Scott M. Tobias

Washington International Law Journal

In its decision in Canon v. Recycle Assist, the Japanese Intellectual Property High Court held that Recycle Assist had infringed on Canon’s patent for a printer ink cartridge by importing used Canon cartridges that had been cleaned and refilled with ink by a third party. The court found that the third party had modified essential elements of Canon’s patented ink cartridge, and therefore the modifications constituted not permissible repair, but infringing and impermissible remanufacture. The court defined essential elements as those intended to solve the technical problems present in similar, prior inventions. Unfortunately, the court failed to define clearly …

Transitional Justice In Korea: Legally Coping With Past Wrongs After Democratization, Kuk Cho

Washington International Law Journal

For more than a decade, Korean society has taken various legal steps to rectify past wrongs perpetrated by the old authoritarian-military regime. In 1995, the “Special Act Concerning the May 18 Democratization Movement” was passed in the National Assembly. Under this new legal circumstance, the two former presidents were imprisoned on charges of leading the 1979 military coup and brutally oppressing the May 18 Uprising of 1980. However, because such a transition from the authoritarian-military rule was established through a political compromise, Korean society had to experience a limited transitional justice. As another step to rectify past wrongs, the “Act …

Bortz V. Suzuki, Judgment Of October 12, 1999, Hamamatsu Branch, Shizuoka District Court, Timothy Webster

Washington International Law Journal

The Bortz case links a series of truly comparative moments. In the first, the unsuspecting foreigner crosses into another culture’s blind spot, and emerges a very different person. Ana Bortz was shopping for a necklace in a Japanese jewelry store when the owner asked her where she was from. A westerner in Japan, Bortz likely thought little of the question, having answered it many times. She answered first in Japanese, and then in English, “from Brazil.” Neither response pleased the storeowner. Foreigners, or perhaps just Brazilians, were not allowed in the store. Their ensuing argument revealed other comparative moments. Enraged …

In The Wake Of Sakhalin Ii: How Non-Governmental Administration Of Natural Resources Could Strengthn Russia's Enery Sector, Nowell David Beckett Bamberger

Washington International Law Journal

Russia’s economically vital oil and gas industry is at a crossroads. Although foreign investment favored European nations in the wake of the Soviet collapse, in recent years American and European oil and gas companies have invested billions of dollars in Russia’s energy development and export distribution sectors. However, the 2006 restructuring of the $20 billion Sakhalin II project demonstrates that Russia’s energy sector has still not stabilized from the turbulent privatization of the 1990s. This comment explores the legal structures and Government policies affecting Russia’s oil and gas industry for evidence of the causes of institutional instability. It argues that …

Intellectual Property Rights And The Public Sector: Why Compulsory Licensing Of Protected Technologies Critical For Food Security Might Just Work In China, Gregory C. Ellis

Washington International Law Journal

The majority of people in the developed world have the luxury of never having to address food shortages and malnutrition. In developing countries, however, ensuring food security presents greater challenges. Agricultural biotechnology has the potential to alleviate many of the food crises occurring in developing countries. Unlike private sector corporations, public sector entities are creating genetically modified (“GM”) crops to ensure food security. However, the intellectual property rights (“IPRs”) to the many technologies required to create a single GM crop are often fragmented across the private and public sectors. Fragmentation of IPRs creates a “patent thicket” that increases the challenges …

The Applicability Of The Consumer Protection Law In Medical Malpractice Disputes In Taiwan, Ya-Ling Wu

Washington International Law Journal

The issue of whether or not no-fault liability under the Consumer Protection Law (“CPL”) applies in medical malpractice disputes has been a contentious battle in Taiwan. In Bo-Li Li v. Mackay Memorial Hospital, the Taipei District Court interpreted medical care as “services” under Article 7 of the CPL. Under this interpretation, patient services must meet “reasonably expected safety standards,” while health care providers are subject to no-fault liability. This interpretation was strenuously opposed by the medical profession and invoked much debate over its validity in the legal field. After the Bo-Li case, the lower courts expressed different views on …

A Condom Versus The Philippine Aids Prevention And Control Act Of 1998: Which Has Holes Leaving Filipinos Unprotected?, David M. Iseminger

Washington International Law Journal

In 1998, the Philippine legislature passed pioneering HIV/AIDS legislation in Southeast Asia called the AIDS Prevention and Control Act (“APCA” or “Act”). This comprehensive legislation sought, in part, to ensure access to health care information and to stop the spread of diseases like HIV/AIDS. Regulations were promulgated by the Philippine National AIDS Council in 1999 to implement the Act. APCA effectively addresses several important HIV/AIDS issues, including prohibiting discrimination and mandatory HIV testing, while ensuring access to basic health care. However, both the regulations and the Act fail to ensure that all scientifically accurate information regarding HIV/AIDS prevention reaches Filipinos. …

Extending The Reach Of The Chinese Labor Law: How Does The Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution, Jill E. Monnin

Washington International Law Journal

Chinese workers are taking advantage of the dispute resolution tools that legal reform has provided in the past decade, including mediation, arbitration, and litigation. Despite a history of resolving disputes through informal mediation, more and more workers are relying on the new pathways of arbitration and civil suits in local courts. The 1993 Regulations on the Resolution of Enterprise Labor Disputes and the 1994 Labor Law facilitated workers’ access to formal legal forums. Then, in 2006, a Supreme People’s Court (“SPC”) interpretation made a number of important changes to the application of the Labor Law and workers’ access to dispute …

The Nireco Poison Pill: The Impact Of A Court Injunction, Toshihiko Shimizu, Toshihiro Igi, Christopher J. Kodama

Washington International Law Journal

The emergence of a market for corporate control in Japan is a phenomenon that many commentators on Japan’s business and legal environs had been anticipating since the turn of the new millennium. A gradual decline in corporate crossshareholding and stable shareholding by financial institutions along with a concomitant increase in foreign and individual shareholders, a significant number of inefficient firms still being affected by Japan’s prolonged recession until recent years and trading at prices below their market value, and Commercial Code revisions making the legal environment more conducive to merger and acquisition activity and providing for more flexible restructuring mechanisms, …

Citizen's Arrest Or Police Arrest? Defining The Scope Of Alaska's Delegated Citizen's Arrest Doctrine, Lael Harrison

Washington Law Review

When a citizen witnesses the commission of a misdemeanor, Alaska law allows that citizen to arrest the offender on the spot. A citizen making such an arrest may request assistance from a police officer rather than physically subduing the offender alone. However, Alaska law does not clearly define how much assistance police may give before the citizen's arrest becomes a warrantless police arrest. That distinction is particularly important in misdemeanor arrests because Alaska follows the common law rule that citizens and officers may make warrantless misdemeanor arrests only for those misdemeanors committed in their presence. Officers may not make warrantless …

No, You May Not Search My Car! Extending Georgia V. Randolph To Vehicle Searches, Alex Chan

Washington Law Review

In Georgia v. Randolph, the United States Supreme Court announced that third-party consent does not always suffice to immunize the search of a residence from Fourth Amendment attack. Specifically, the Court held that a police search of a residence conducted pursuant to the consent of one occupant, but over the express refusal of a physically present co-occupant with common authority, is unreasonable as to the nonconsenting occupant under the Fourth Amendment. The Court did not indicate whether its holding also extended to searches of personal effects, such as vehicles, conducted pursuant to third-party consent. As a general principle, the …

Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang

Washington Law Review

The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …

Citizen's Arrest Or Police Arrest? Defining The Scope Of Alaska's Delegated Citizen's Arrest Doctrine, Lael Harrison

Washington Law Review

When a citizen witnesses the commission of a misdemeanor, Alaska law allows that citizen to arrest the offender on the spot. A citizen making such an arrest may request assistance from a police officer rather than physically subduing the offender alone. However, Alaska law does not clearly define how much assistance police may give before the citizen's arrest becomes a warrantless police arrest. That distinction is particularly important in misdemeanor arrests because Alaska follows the common law rule that citizens and officers may make warrantless misdemeanor arrests only for those misdemeanors committed in their presence. Officers may not make warrantless …

Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli

Washington Law Review

In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …

Toward A Fairer Model Of Consumer Assent To Standard Form Contracts: In Defense Of Restatement Subsection 211(3), Wayne R. Barnes

Washington Law Review

Standard form contracts permeate our very existence, and now even include contracts we assent to online by way of "clickwrap" and "browsewrap" methods. Notwithstanding the ever-increasing presence and complexity of such standard form contracts, both offline and online, the law of contracts in this area has remained fairly static since before the nineteenth century. The only meaningful salve to the problem of misinformed assent to onerous clauses in standard form contracts thus far has been the unconscionability doctrine, but that doctrine tends to be reserved for the harshest and severest terms. Therefore, a new tool is needed for courts to …

No, You May Not Search My Car! Extending Georgia V. Randolph To Vehicle Searches, Alex Chan

Washington Law Review

In Georgia v. Randolph, the United States Supreme Court announced that third-party consent does not always suffice to immunize the search of a residence from Fourth Amendment attack. Specifically, the Court held that a police search of a residence conducted pursuant to the consent of one occupant, but over the express refusal of a physically present co-occupant with common authority, is unreasonable as to the nonconsenting occupant under the Fourth Amendment. The Court did not indicate whether its holding also extended to searches of personal effects, such as vehicles, conducted pursuant to third-party consent. As a general principle, the …

Toward A Fairer Model Of Consumer Assent To Standard Form Contracts: In Defense Of Restatement Subsection 211(3), Wayne R. Barnes

Washington Law Review

Standard form contracts permeate our very existence, and now even include contracts we assent to online by way of "clickwrap" and "browsewrap" methods. Notwithstanding the ever-increasing presence and complexity of such standard form contracts, both offline and online, the law of contracts in this area has remained fairly static since before the nineteenth century. The only meaningful salve to the problem of misinformed assent to onerous clauses in standard form contracts thus far has been the unconscionability doctrine, but that doctrine tends to be reserved for the harshest and severest terms. Therefore, a new tool is needed for courts to …

Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli

Washington Law Review

In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …

Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang

Washington Law Review

The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …

Cases In Wake Of Dastar V. Twentieth Century Fox Continue To Narrow The Scope Of A "Reverse Passing Off" Claim, Jared Barrett

Washington Journal of Law, Technology & Arts

In 2003, the United States Supreme Court decided Dastar Corp. v. Twentieth Century Fox Film Corp., narrowing the scope of protection under the federal Lanham Act for “reverse passing off.” “Reverse passing off” is derived from the statutory language in § 43(a) of the Lanham Act prohibiting a “false designation of origin” that is likely to cause consumer confusion and generally occurs where one company puts forth another company’s product as its own. A “reverse passing off” claim was also thought to be feasible against one who misrepresented the source of the creative or communicative work embodied in a …