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Articles 1 - 30 of 39
Full-Text Articles in Law
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Searching For The "Tail Of The Dog": Finding "Elements" Of Crimes In The Wake Of Mcmillan V. Pennsylvania, Richard G. Singer, Mark D. Knoll
Seattle University Law Review
Part II of this Article will examine the historical importance of punishment as a litmus test in the common law in finding the elements of an offense. In Part III, the historical approach used by federal courts when value or quantity was at issue will be analyzed in order to round out the pre-McMillan framework. Part IV will discuss the McMillan decision, as well as the post-McMillan regime. Part V will analyze Jones v. United States, the case now pending before the Court, in which the Court may have its last chance to correct the error of McMillan and …
Erisa Preemption Of Medical Malpractice Claims: Can Managed Care Organizations Avoid Vicarious Liability?, J. Bradley Buckhalter
Erisa Preemption Of Medical Malpractice Claims: Can Managed Care Organizations Avoid Vicarious Liability?, J. Bradley Buckhalter
Seattle University Law Review
This Comment begins by briefly discussing the theory of respondeat superior and the vicarious liability of MCOs for the negligence of affiliated physicians.' Next, the section presents an overview of ERISA, focusing on ERISA's preemption of laws that impact employee benefit plans, particularly medical malpractice claims brought against MCOs seeking to hold them vicariously liable for an affiliated physician's negligence. Section III applies current ERISA preemption doctrine to a situation such as Peterson's, in which a plaintiff attempts to hold an MCO vicariously liable for an affiliated physician's negligence. Section IV concludes that, given the current state of ERISA preemption …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Review: The Essence Of Property Law, Vada Waters Lindsey
Review: The Essence Of Property Law, Vada Waters Lindsey
Seattle University Law Review
Part II of this essay will outline my overall approach to teaching Property and the inherent challenges of the subject. Part III sets out the topics covered in my property classes and the relevance of the “bundle of rights” concept. Part IV describes my use of the problem method in teaching Property and counters the purported disadvantages of applying that method. That part also demonstrates the practical use of the problem approach. Part V examines the evolutionary nature of property law and looks at three areas of law: landlord and tenant relationships, the law of servitudes, and future interests.
The View From The Bottomless Pit: Truth, Myth, And Irony In A Civil Action, Jerome P. Facher
The View From The Bottomless Pit: Truth, Myth, And Irony In A Civil Action, Jerome P. Facher
Seattle University Law Review
This Article offers the observations, analysis, and commentary of Beatrice's chief trial counsel about some of the important issues and rulings in Anderson, the accuracy of the events reported in A Civil Action, and the misimpressions created by the book's undoubted tilt in the plaintiffs' direction. Wherever possible, this Article's effort to balance the scales relies on court records, trial and hearing transcripts, and on other actual trial materials in Anderson to present the relevant facts and events in the context in which they arose. Contrary to the erroneous impression of justice gone astray created by the book …
The Woburn Case: Is There A Better Way?, Michael B. Keating
The Woburn Case: Is There A Better Way?, Michael B. Keating
Seattle University Law Review
This essay suggests that the intense public interest in the best selling novel, A Civil Action, and the subsequent film should be directed less to Academy Awards nominations and more toward ways to improve the methods that our legal system employs to resolve complex and important disputes.
The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel
The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel
Seattle University Law Review
In light of the market's overall approval of the casebook, what follows can only be described as but one professor's views on why the Dukeminier and Krier property book works so well for so many and on where it does not work as well as it could.
Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz
Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz
Seattle University Law Review
The adoption of the Washington Growth Management Act (GMA or "the Act") marked a major change in local government land use decision-making in the State of Washington. The Act's requirement that local governments adopt a comprehensive land use plan (Plan) to guide development consistent with goals adopted by the state legislature and then implement that Plan with consistent regulations was a revolutionary step toward statewide land use planning. Much has been written about the "GMA revolution." These writings primarily focus on the GMA's procedural and substantive requirements for adoption of Plans and how these mandates have changed the face of …
Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann
Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann
Seattle University Law Review
Is it fair that professional football players possess so much control in renegotiating contracts? Do the players in fact possess the control that we perceive them to have? Often, players do have most of the bargaining power, as in the case of college players being chosen in the draft. Once a team has chosen to pursue a draftee out of college, no other team has the right to interfere with that process. If that club fails to sign the player, the club wastes a valuable pick, and there is no remedy for such a failure. But after that introduction into …
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
A Casebook For Teaching Teachers: Jesse Dukeminier And James E. Krier, Property, Daniel B. Bogart
Seattle University Law Review
This essay will evaluate the Dukeminier and Krier Property casebook from this perspective: just how good a text is it for teaching new law teachers? The answer, it seems to me, is that their book is very well suited to this goal. Given that I have used the Dukeminier and Krier casebook (D&K casebook) for nine years now, my answer should not surprise the reader. Indeed, I think it is this aspect of the book (and perhaps a general inclination of teachers not to fix what ain't broke) that accounts for the extraordinary loyalty that many professors give to this …
Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann
Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann
Seattle University Law Review
This Comment argues that while the public may ultimately benefit economically from public-private partnership development, the legal mechanisms used in public-private partnerships to skirt the constitution violate the public trust by (1) precluding the public from obtaining information regarding these projects; (2) denying the taxpaying public their right to participate in public choices and spending decisions that affect them; and (3) severely impinging on the public's state constitutional right to the referendum process. Furthermore, by allowing these mechanisms to exist, the Washington Supreme Court only furthers the violation of the public's trust, while simultaneously weakening the role of the judiciary …
Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge
Understanding The Limits Of Power: Judicial Restraint In General Jurisdiction Court Systems, Justice Philip A. Talmadge
Seattle University Law Review
This Article draws on my legislative and judicial background to focus both on the tendency of the courts to exceed their core constitutional role and the implications of such judicial activism. This article contend that modern courts of general jurisdiction are too often embroiled in sociopolitical controversies best left to the political branches of government. Part I addresses the concept of judicial restraint in our constitutional system and the need to define the core powers of the judicial branch of government. Part II discusses principles of judicial restraint in the federal courts. Part III, using the example of Washington State …
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
Seattle University Law Review
This Comment will focus on the current problems of the ESA and suggest how the ESA can be rewritten to accommodate both environmental and private property interests. Section I will discuss procedure under the ESA. In Section II, the Comment examines the controversial "harm" definition frequently arising in ESA litigation. In Section III, the Comment will dispel the myth that the ESA is currently operating as originally intended and will discuss the reasons why private property owners criticize the current ESA. Section IV will examine a proposal for reauthorizing the ESA written by Senator Dirk Kempthorne (R-Idaho) that Congress failed …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim
Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim
Seattle University Law Review
The Law Review thought it was time to conduct a progress report on the GMA, especially in light of the revolutionary changes it has created for land use law in Washington, including the development of a much more comprehensive approach to land use and resource management. We thought it might be helpful to provide a short history explaining what led to the adoption of the GMA in order to better understand its significance for land use in Washington.
Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver
Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver
Seattle University Law Review
This Comment will examine the substantial differences between Division One's current version of inevitable discovery and that adopted by the U.S. Supreme Court in Nix, which is still the only version affirmatively accepted by the Washington Supreme Court. Having distinguished the differences, this Comment ultimately suggests an amalgamation of the most desirable parts of each version of the inevitable discovery exception. The author proposes that the "reasonableness" element demanded by Division One is duplicative and unnecessarily burdensome on the prosecution. The version proposed by this Comment recognizes the potential benefits to the search for truth and to the societal …
Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos
Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos
Seattle University Law Review
This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender laws in …
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Seattle University Law Review
This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod
Seattle University Law Review
Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages.' In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially.' The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of “Civil Rights” casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …
Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred
Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred
Seattle University Law Review
This Article makes two observations, both in Parts II and III, that have received insufficient attention in the academic literature and in the courts. First, students in public school classrooms are "captive speakers." Due to compulsory attendance laws, students are "captive" not only when hearing speech, but also when they wish to speak. Adhering to the First Amendment means protecting not only captive listeners, but also captive speakers. Second, in the face of the potential misperception of students that their school endorses the speech of a fellow student, teachers have an extraordinary opportunity to simultaneously disclaim endorsement and teach the …
Property In Context, Craig J. Albert
Property In Context, Craig J. Albert
Seattle University Law Review
Now that Property has shrunk in most law schools to a single semester of three or four credit hours, Professors J. Gordon Hylton, David L. Callies, Daniel R. Mandelker, and my colleague, Paula A. Franzese, offer a new casebook, Property Law and the Public Interest to respond to the new environment.
How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold
How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold
Seattle University Law Review
Edward Rabin and Roberta Kwall had student learning in mind when they wrote Fundamentals of Modern Real Property Law. Rabin and Kwall's casebook is an attractive and effective road map for students as they journey through a course (and a body of legal principles and issues) that typically intimidates many law students in virtually every law school.
Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper
Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper
Seattle University Law Review
The authors’ claim is to a unique recognition of (1) “the interplay of common law, statutory and constitutional regimes,”(2) “the growing significance of non-land forms of property,” (3) “the emergence of environmental values,” and (4) “the central importance of public policy analysis to resolution of complex social problems.” This is certainly an approach that can benefit the first-year Property teacher whose course is set in a semester that may also contain courses focusing on positive law, like Civil Procedure, Administrative Law, Constitutional Law, or Criminal Procedure, as mine does.
A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson
A Walk Through The Woods Of The Property Course With Dukeminier And Krier's Casebook On Property, Charles I. Nelson
Seattle University Law Review
This casebook is organized along three main themes even though it has five major parts. The first two parts seem to me to focus on relative rights in property. The third part discusses transfer of property interests and assurances of title and the fourth discusses regulation of land use by private and public means. The majority of this essay will look at those themes and how they play out in the casebook and in my course. In the latter part of the essay, I will discuss some of the things I find most engaging about the book and why I …
Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss
Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss
Seattle University Law Review
In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Why Isn't This Man Smiling?, John W. Weaver
Why Isn't This Man Smiling?, John W. Weaver
Seattle University Law Review
The books reviewed in this article represent five of the seventeen property casebooks in general circulation. These nine reviews of five books also demonstrate one of the continuing tensions for Property teachers. Property teachers not only face the usual problem of coverage versus depth (exacerbated by the cut in hours), but we also have the problem that Gertrude Stein posed for Oakland-that it sometimes seems as if there is no there.
Critiquing And Evaluating Law Students' Writing: Advice From Thirty-Five Experts, Anne Enquist
Critiquing And Evaluating Law Students' Writing: Advice From Thirty-Five Experts, Anne Enquist
Seattle University Law Review
While there are some differences of opinion about what is the best way to comment on and grade law students' writing, a consensus seems to be developing based on the experience and insights of those in the profession who have done the job the longest and survived to tell about it. To help articulate this consensus, I selected thirty-seven experienced legal writing professors and asked them to respond to a questionnaire about critiquing and evaluating law students' writing. My goal was to gather and record their wisdom, insights, and experience for other legal writing professors, particularly those who are new …