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Articles 1 - 12 of 12
Full-Text Articles in Law
The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh
The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh
Seattle University Law Review
Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?
Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg
Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg
Seattle University Law Review
During the past two decades, and especially since 1970, there has been a steadily growing interest in American legal history, including the work of nineteenth-century legal figures, including Thomas M.Cooley. Most scholars once dismissed Cooley as a simplistic apologist for laissez faire economics and late nineteenth-century capitalism. Recently, however, legal and constitutional historians have realized that his legal thought was much more complex. In part, this article seeks to extend recent work on Cooley and to examine his ideas and judicial opinions on freedom of expression and the law of libel. Cooley's views about free expression, defamation law, and American …
The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson
The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson
Seattle University Law Review
For the past four decades, the Bonneville Power Administration(BPA) has played a singular and powerful role in developing the Northwest regional electric power system, and indirectly in the regional economy that system supports. The federal government's decision during the first half of this century to develop multi-purpose water resource projects led to the construction of many dams, most of them in the Western United States, most built since the mid-1930s, and most including hydroelectric generation. As we enter the 1980s, fundamental changes have occurred. Historically, BPA has had sufficient resources to sell power to any utility or other customer in …
The Broadening Of The Pentagon Papers Standard: An Impermissible Misapplication Of The National Security Exception To The Prior Restraint Doctrine, Sherrie L. Bennett
The Broadening Of The Pentagon Papers Standard: An Impermissible Misapplication Of The National Security Exception To The Prior Restraint Doctrine, Sherrie L. Bennett
Seattle University Law Review
This comment examines the history of the national security exception to the prior restraint rule and discusses the elements of the Pentagon Papers standard in the context of the Marchetti and Progressive opinions. Application of those elements to the reasoning of the cases demonstrates the failure of these lower courts to follow the Supreme Court's strict view of when restraint is justified. Examining the theoretical basis underlying the first amendment, the comment concludes that strict application of the Pentagon Papers standard is essential to continuing protection of the American people's right to be informed of government activities.
Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley
Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley
Seattle University Law Review
This comment explores possible non-statutory sources of a title insurer's duty to search and disclose. After reviewing the historical background of title insurance and comparing it with other title assurance methods, this comment examines Washington case law, where the supreme court has failed to impose the duty. It then considers the need to impose and examines the theoretical bases of such a duty to search and disclose: whether it should lie in tort or in contract. Finally, this comment concludes that Washington courts should allow home buyers to sue title insurers for negligence in failing to reasonably search and disclose.
Editor's Foreword, Seattle University Law Review
Editor's Foreword, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Remarks Of Warren E. Burger, Chief Justice Of The United States, At The Dedication Of The Norton Clapp Law Center, Warren E. Burger
Remarks Of Warren E. Burger, Chief Justice Of The United States, At The Dedication Of The Norton Clapp Law Center, Warren E. Burger
Seattle University Law Review
Thirty-five years ago the American historian, Henry Steele Commager, wrote that: "Nothing in all history succeeded like America." He was not speaking simply of the success of our unique political experiment or of our remarkable productivity, wealth, and material prosperity, but more of the flowering of the human spirit under the system of freedom that we established two centuries ago. Why was this so? The real meaning can be understood better as we see oppressed people in all parts of the world making a beaten path to our shores—the "Boat People" of Vietnam and Cambodia, and the newer "Boat People" …
The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams
The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams
Seattle University Law Review
Norman Rosenberg's treatment of Thomas Cooley, liberal jurisprudence, and the law of libel exemplifies both a difficulty with and an opportunity for traditional law review scholarship. The difficulty arises from the failure of many legal writers to identify and explain the jurisprudential perspectives that define their substantive approach. This problem is particularly acute when, as in Professor Rosenberg's article, the jurisprudential perspective deviates from the mainstream. The opportunity lies in bringing the problem of perspective out of the closet and legitimating its critical treatment as an integral element of all legal scholarship.
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Seattle University Law Review
This article focuses on a secured party's right to hold a debtor liable for a deficiency when resale of the goods does not satisfy the remaining obligation.
Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy
Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy
Seattle University Law Review
The current interest in statutory reform of product liability law presents a unique opportunity for the Washington Legislature to make some principled decisions in furtherance of the policies behind product liability law. The legislature, in deciding the future direction of product liability law in Washington, must look beyond polarized interests to policy considerations for guidance.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts
Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts
Seattle University Law Review
World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.