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1997

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Institution
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Articles 1 - 30 of 97

Full-Text Articles in Law

Dedication To Professor Ralph W. Johnson, David H. Getches Oct 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread ...


Indian Tribes And The Legal System, Ralph W. Johnson Oct 1997

Indian Tribes And The Legal System, Ralph W. Johnson

Articles

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this ...


Testing Testing, Carl E. Schneider Jul 1997

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and ...


The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz Jan 1997

The Implied Warranty Of Merchantability In Software Contracts: A Warranty No One Dares To Give And How To Change That, Robert W. Gomulkiewicz

Articles

A disclaimer of ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITING THE IMPLIED WARRANTY OF MERCHANTABILITY, greets virtually everyone who prepares to use a computer software product. Software publishers disclaim the implied warranty of merchantability because they do not know what they might be promising if they give it. Though the disclaimer is routine, software publishers have little interest in needlessly eroding confidence in the quality of their products by conspicuously disclaiming a warranty with which their products may well comply. Disclaimers feed suspicion, voiced by industry critics, that software publishers care little about software quality or standing behind their products. Nonetheless ...


The Emerging Law Of Electronic Commerce, Amelia H. Boss, Jane Kaufman Winn Jan 1997

The Emerging Law Of Electronic Commerce, Amelia H. Boss, Jane Kaufman Winn

Articles

Although often not apparent to the average business person or even the average lawyer, changes are currently underway, both domestically and internationally, to adapt existing commercial law doctrines to accommodate electronic transactions and the technologies that underlie them. The Uniform Commercial Code (Code) is undergoing substantial revision in order to respond to changes in business practice and the use of electronic communications technologies. These revisions will provide many of the basic rules to support and facilitate electronic commerce, and, to the extent possible, are being coordinated with international efforts in the field.

While progress in the creation of uniform laws ...


Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr. Jan 1997

Defeating Environmental Law: The Geology Of Legal Advantage, William H. Rodgers, Jr.

Articles

My talk today will: (1) introduce the metaphor of geology, (2) suggest to you that complexity has "gainers" as well as "losers," and (3) show you how environmental laws can be defeated by these twin engines of complexity and clever human adversaries.

[Third Annual Lloyd K. Garrison Lecture on Environmental Law.]


Protecting And Promoting Wildlife And Habitat On State And Private Land In Washington's Arid Interior, Gregory A. Hicks Jan 1997

Protecting And Promoting Wildlife And Habitat On State And Private Land In Washington's Arid Interior, Gregory A. Hicks

Articles

The object of this paper is to describe efforts now under way in the interior uplands of Washington State's Columbia Plain to restore and protect upland wildlife habitat and wildlife species in a busy and intensively used agricultural and range landscape. It is a landscape of greatly diminished ecological integrity, dominated by private land holdings, and where the remaining public lands are recovering from earlier periods of farming or grazing or still dedicated to productive use under lease or permit. Recent ecosystem assessments make clear that there are few areas of the Columbia Plain's original grass and shrub ...


Dedication To Professor Ralph W. Johnson, David H. Getches Jan 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread ...


Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt Jan 1997

Uniform Premarital Agreements Act And The Reality Of Premarital Agreements In Idaho, Elizabeth Brandt

Articles

No abstract provided.


Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin Jan 1997

Toward The Making Of Good Lawyers: How An Appellate Clinic Satisfies The Professional Objectives Of The Maccrate Report, Maureen Laflin

Articles

No abstract provided.


What's In A Name: An Argument For A Small Business Limited Liability Entity Statute (With Three Subsets Of Default Rules), Dale A. Oesterle, Wayne M. Gazur Jan 1997

What's In A Name: An Argument For A Small Business Limited Liability Entity Statute (With Three Subsets Of Default Rules), Dale A. Oesterle, Wayne M. Gazur

Articles

The recent proliferation of small business entity forms is primarily a result of their tax characterization. With the recent adoption of the IRS "check-the-box" regulations and, as a consequence, the elimination of traditional tax distinctions, many of these forms have lost their appeal. This article proposes starting over with one form, the "limited liability entity." Part I discusses the history of small business forms. Part II analyzes the current forms in light of the recent check-the- box legislation. Part III discusses the necessity of and rationale behind a unified entity statute. Finally, Part IV outlines a unified limited liability entity ...


Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber Jan 1997

Pink Elephants In The Rape Trial: The Problem Of Tort-Type Defenses In The Criminal Law Of Rape, Aya Gruber

Articles

No abstract provided.


Watts: The Decline Of The Jury, William T. Pizzi Jan 1997

Watts: The Decline Of The Jury, William T. Pizzi

Articles

No abstract provided.


Dedication To Professor Ralph W. Johnson, David H. Getches Jan 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

No abstract provided.


Book Review, S. James Anaya Jan 1997

Book Review, S. James Anaya

Articles

No abstract provided.


Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel Jan 1997

Utilitarianism Left And Right: A Response To Professor Armour, Robert F. Nagel

Articles

No abstract provided.


Law As The Continuation Of God By Other Means, Pierre Schlag Jan 1997

Law As The Continuation Of God By Other Means, Pierre Schlag

Articles

No abstract provided.


Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya Jan 1997

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Articles

No abstract provided.


The Takings-Puzzle Puzzle, James E. Krier Jan 1997

The Takings-Puzzle Puzzle, James E. Krier

Articles

My aim here is to unpack the regulatory takings problem in a way that suggests why it is intractable. The idea is to reveal some of the different types of ambiguity necessarily entailed in takings cases. Seeing these ambiguities, we readily can understand why the doctrine in this area is so confused and confusing; why there is, in short, a "takings puzzle." To my mind, it is much more difficult to understand why anyone would expect matters to be otherwise. This oddity I call the "takings-puzzle puzzle."


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Articles

The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.


Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford Jan 1997

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

Articles

The enactment of the National Labor Relations Act 1 ("NLRA") in 1935 was an economic and social watershed. The NLRA was the successor to section 7(a) of the National Industrial Recovery Act 2 ("NIRA"), the initial experiment in American corporatist governance. 3 The NLRA gave the United States a radically new labor policy, one dramatically more effective in facilitating union organization than its immediate predecessor. Following the path identified by the predecessor NIRA, which had contemplated a network of industry "codes," labor relations under the NLRA have developed in significant part along industry lines. 4 And until the mid-1960s ...


Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel Jan 1997

Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel

Articles

Until the turning point of the 1993 World Conference on Human Rights in Vienna, few issues received as little political attention at the United Nations as the human rights of women. Now, thanks to the efforts of non-governmental organizations (NGOs), academics, and other advocates, the Conference itself can claim the placement of women on the human rights agenda as one of its clearest victories. The weaknesses of the United Nations and of the international community as a whole {including states and NGOs) have been primarily in two areas: (a) at the conceptual level, their failure, until recently, to declare all ...


Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle Jan 1997

Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle

Articles

This Article contends that, contrary to its present use in the securities fraud realm as sanctioned by the Supreme Court and as assumed to be correct by most commentators, the CAPM is irrelevant for measuring damages in Rule 10b-5 cases because the CAPM is not designed to measure what stock prices would have been if the requisite fraud had not occurred. Instead, the CAPM is designed to help investors and portfolio managers determine optimal asset portfolios. That is, the CAPM is designed to help people make decisions about assets with uncertain future returns, rather than to analyze the actual past ...


Ethnicity, Crime, And Immigration, Michael Tonry Jan 1997

Ethnicity, Crime, And Immigration, Michael Tonry

Articles

No abstract provided.


Sentencing Principles In Theory And Practice, Richard Frase Jan 1997

Sentencing Principles In Theory And Practice, Richard Frase

Articles

No abstract provided.


Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry Jan 1997

Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry

Articles

No abstract provided.


The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos Jan 1997

The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos

Articles

Professor Aiken, in her article Striving to Teach "Justice,Fairness, and Morality," recognizes the importance of integrating the "analysis of difference into traditional courses to ensure that students begin the life-long process of examining their exercise of privilege and develop an appreciation of the professional value of striving for justice, fair- ness, and morality."1 Her article sets out a pedagogical approach to legal education with the goal of constructing a learning experience that maximizes reflection and unmasks privilege. Aiken's article raises important issues for all of us concerned with legal education and the competent representation of clients.


Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt Jan 1997

Minority Discounts, Fair Market Value, And The Culture Of Estate Taxation, William S. Blatt

Articles

No abstract provided.


Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine Jan 1997

Why Mandatory Arbitration May Benefit Workers, Theodore J. St. Antoine

Articles

Would employees-including union employees-be better off with mandatory arbitration, even of statutory employment claims? The answer to this important question should depend less on abstract notions about the importance of statutory claims and the sanctity of the right to a jury trial, and more on a pragmatic assessment of what is likely to be best for the great majority of workers. Employing this type of analysis, which would take into account an overworked, underfunded Equal Employment Opportunity Commission, backlogged court dockets and other practical problems, my view is that most employees might well be better off with mandatory arbitration, provided ...


Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt Jan 1997

Selecting And Designing Effective Legal Writing Problems, Grace C. Tonner, Diana Pratt

Articles

Legal research and writing courses are unlike most substantive first year law school classes in that they teach using the problem method. The success of a legal writing course depends on the quality of the problems. The purpose of this article is to provide some guidance for legal writing professors in designing legal writing problems. The article addresses (1) general considerations in problem design, (2) designing expository problems, (3) designing persuasive problems, and (4) sources of problems. In the first section, we discuss problem design as it relates to the overall goals for teaching the basic forms of legal analysis ...