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Articles 1 - 4 of 4

Full-Text Articles in Law

Mitigation Evidence And Capital Cases In Washington: Proposals For Change, Mary Pat Treuthart, Anne Branstad, Matthew Kite Jan 2002

Mitigation Evidence And Capital Cases In Washington: Proposals For Change, Mary Pat Treuthart, Anne Branstad, Matthew Kite

Seattle University Law Review

Part II of this article examines the United States Supreme Court's recognition of the importance of mitigation evidence in capital cases. Part III then focuses on the role of mitigation evidence in Washington's death penalty scheme. The following section, Part IV, addresses the public policy implications when mitigation evidence is not presented. Finally, Part V proposes changes to the current sentencing procedure in Washington involving capital crimes.


A State Supreme Court In Transition, James E. Bond, Kelly Kunsch Jan 2002

A State Supreme Court In Transition, James E. Bond, Kelly Kunsch

Seattle University Law Review

This article presents a statistical snapshot of voting patterns within the Washington Supreme Court at the turn of the century and then explores how the changing makeup of the court may affect substantive areas of the law. The Washington Supreme Court is in a state of transition; following the November 2000 elections, only Justice Smith has served more than ten years on the high court. Four of the nine justices are serving their first terms. By looking at the opinions and voting records of both the remaining and departing members of the court, we can make some generalizations about the …


Demystifying Ambiguous Statutes With The Maxims Of Statutory Interpretation: A Closer Look At J.D. Tan, Llc V. Summers, Alexander Kleinberg Jan 2002

Demystifying Ambiguous Statutes With The Maxims Of Statutory Interpretation: A Closer Look At J.D. Tan, Llc V. Summers, Alexander Kleinberg

Seattle University Law Review

Section I begins with a brief discussion of the maxims of statutory interpretation and an explanation of how courts employ them to determine an enigmatic law's meaning. Section II provides a history of the J.D. Tan case, including a chronicle of the underlying dispute between the principal debtor, William Summers, and the assighee of the judgment holder, J.D. Tan, LLC. Section III explains why the statute at issue in J.D. Tan, RCW 6.17.020(3), was ambiguous when this case was decided, and how this statute was in need of judicial interpretation via application of the maxims of statutory interpretation. Section IV …


Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon Jan 2002

Revisiting Erie, Guaranty Trust, And Gasperini: The Role Of Jewish Social History In Fashioning Modern American Federalism, Daniel R. Gordon

Seattle University Law Review

This article explores the connection between traditional Jewish localism and the creation of modern American federalism that flows from the Erie doctrine. First, the riddle of Gasperiniis explored. Next, the federalist philosophies of Justices Brandeis and Frankfurter in Erie and Guaranty Trust are discussed. Finally, the article analyzes how Justices Brandeis, Frankfurter, and Ginsburg, as twentieth century American Jews, embody the traditional Jewish minority experience that, at least in part, was informed by anti-Semitism.