Law Commons^™

Brief Of Amicus Curiae Labor Law Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality

Fred T. Korematsu Center for Law and Equality

Pamela Harris et al. v. Pat Quinn, Governor of Illinois et al.

Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group

Fred T. Korematsu Center for Law and Equality

Terror in Twilight: Border Patrol involvement in local policing

Terror En El Crepúsculo: El Verdadero Legado De La Patrulla Fronteriza De Los Estados Unidos En La Península Olímpica Del Estado De Washington, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group

Fred T. Korematsu Center for Law and Equality

Terror in Twilight: Border Patrol involvement in local policing

Union Made: Labor’S Litigation For Social Change, Charlotte Garden

Faculty Articles

Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional …

The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick

Faculty Articles

This article challenges the persistent claim that Chapter 11's increasing utilization of market mechanisms will help facilitate economically efficient resolutions of corporate financial distress. Using two recent case studies, this article shows that, in fact, these mechanisms are used by stakeholders with existing market power to take control of the restructuring process and extract rents at the expense of other constituents: creditors, equity holders, and—in the case of companies that receive governmental bailouts—taxpayers. These distortionary effects are obscured by a dominant, neoclassical legal paradigm that ignores institutional and political dynamics. This article advances a new explanatory model that draws upon …

Brief Of Freedom To Read Foundation, Et Al. As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, And Jean Stefancic As Amici Curiae In Support Of Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Amici Curiae Brief On Behalf Of Chief Earl Warren Institute On Law And Social Policy, And The Anti-Defamation League, In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief For Amici Curiae 48 Public School Teachers In Support Of Appellants' Request For Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of Amicus Curiae Latina And Latino Critical Legal Theory, Inc. Supporting Plaintiffs-Appellants Urging Reversal, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants

Fred T. Korematsu Center for Law and Equality

Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al

The Evolution Of The Modern Corporation: Corporate Governance Reform In Context, Charles O'Kelley

Faculty Articles

This article traces the evolution of the modern corporation from the American Civil War to the present. Professor O’Kelley begins with a focus on the period from 1865 to the Great Depression. This was the era of the Great Tycoon, the time of the second industrial revolution and the transformation of America’s economy from small proprietorships and partnerships to the forerunner of the modern corporation. Professor O’Kelley then details the transformational crisis of the Great Depression and Adolf Berle’s central role in shaping America’s changed understanding of the proper relationship between government and the modern corporation. It was Berle, both …

Brief Of Amici Curiae Committee Of Interns And Residents Seiu; Doctors Council Seiu; And Korean American Medical Association In Support Of Respondent, Charlotte Garden, Anjana Malhotra, Robert S. Chang, Lorraine K. Bannai, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic

Fred T. Korematsu Center for Law and Equality

Student clinic at Seattle University School of Law files amicus brief in employment discrimination retaliation case before the U.S. Supreme Court; brief warns of the adverse consequences weak anti-retaliation protections will have on public health

50 Years After Gideon V. Wainwright: County Plan Would End Nonprofit Defender Program, Robert C. Boruchowitz

Fred T. Korematsu Center for Law and Equality

50 Years after Gideon v. Wainwright: County Plan Would End Nonprofit Defender Program

Engaging First-Year Students Through Pro Bono Collaborations In Legal Writing, Mary Bowman

Faculty Articles

This article recommends developing assignments for first-year legal writing courses through collaborations with legal services organizations. The article stems from and describes such ongoing projects at Seattle University School of Law, where several hundred first-year law students have worked on such projects so far. We have partnered with lawyers at organizations like the National Employment Law Project, the ACLU of Washington, and Northwest Justice Project to come up with live issues that they would like to have researched, and they received the best student work product from each class. The partner organizations have used the students’ work in several ways, …

Path Dependence In Tax Subsidies For Home Sales, Lily Kahng

Faculty Articles

At a time of looming fiscal crisis and virtual unanimity that tax expenditures must be curtailed, tax subsidies for homeownership stand out as among the most costly and unfair of these expenditures. As a result of tax subsidies for homeownership, the government foregoes billions of dollars in revenue each year, most of which benefits wealthy taxpayers. Moreover, subsidies for homeownership encourage overinvestment in housing and underinvestment in other business sectors, which impedes economic productivity, jobs creation and the ability of U.S. businesses to compete in the global marketplace.

Scholars and commentators have analyzed extensively the tax subsidy for home mortgage …

The Irs Tea Party Controversy And Administrative Discretion, Lily Kahng

Faculty Articles

The IRS Tea Party controversy erupted when the Treasury Inspector General issued a report finding that IRS employees in the Cincinnati office had targeted certain organizations’ applications for tax exempt status for heightened scrutiny, in particular singling out groups with “Tea Party” or “Patriot” in their names. A media firestorm ensued, with fevered speculation about a hidden political agenda extending all the way to the White House. A complete picture of the controversy has yet to emerge, but as of the writing of this Essay, it appears that the worst suspicions about political bias are unfounded. Nonetheless, the IRS has …

We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman

Faculty Articles

The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys …

Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts

Faculty Articles

Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions are embittered against the state, do not justify their costs. Procedural justice theories indicate that embitterment of those with criminal convictions need not – and should not – be assumed. Rather, policymakers should do what they can to avoid such embitterment. This article therefore proposes that automatic statutory exclusions on the basis of criminal convictions should be abandoned. If a juror …

Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno

Faculty Articles

The transcription of 2013 Chapman Law Review Symposium: “The Future of Law, Business, and Legal Education: How to Prepare Students to Meet Corporate Needs”. Professor Rankin, along with James E. Moliterno, R. Michael Cassidy, and Susan B. Myers, answer the first panel question, "Can law schools prepare to students to be practice ready?" Professor Rankin discusses the importance of innovations in legal education, and explains how she is actually changing the first year to focus on real-client and real-world experiences. She explains the innovations taking place at Seattle University in her first year lawyering skills classes, where her first-year students …

Under The Cover Of Gay Rights, Dean Spade

Faculty Articles

The article presents a U.S. Supreme Court case Perry v. Brown wherein the status of marriage is considered as unique and same sex couples are denied of marriage but granted the same rights and responsibilities as married one. It mentions the views of Stephen Reinhardt, a circuit judge on the United States Court of Appeals for the Ninth Circuit, that a granting rights and responsibilities is not sufficient substitute and mystique of marriage is the central issue related LGBT people.

The Invention Of Asian Americans, Robert S. Chang

Faculty Articles

The essay begins by examining amicus briefs submitted in Fisher v. Texas by Asian American organizations in support of and in opposition to affirmative action. What does it mean when groups that purportedly protect, advance, and represent the interests of Asian Americans invoke the historical treatment of Asian Americans and present facts about Asian Americans but end up advocating for opposite outcomes? This Essay starts with the competing Asian American perspectives and assertions of authority expressed in these briefs to explore the theme of a Symposium at the UC Irvine School of Law, provocatively entitled, Reigniting Community: Strengthening the APA …

Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett

Faculty Articles

The Supreme Court's decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …

The Essence Of Antitrust: Protecting Consumers And Small Suppliers From Anticompetitive Conduct, John B. Kirkwood

Faculty Articles

The goals of antitrust law continue to be debated because there is no single goal that is unambiguously correct. There is one goal, however, that now commands wider support than any other: protecting consumers and small suppliers from anticompetitive conduct – conduct that creates market power, transfers wealth from consumers or small suppliers, and fails to provide them with compensating benefits. This goal is the predominant objective in the legislative histories, it is broadly supported by the American people, it is easier to administer than total welfare, and it is now espoused by the majority of courts. Proponents of total …

"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong

Faculty Articles

Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …

Transforming Domestic Violence Representation, Jane Stoever

Faculty Articles

The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman

Faculty Articles

Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …

Postscript To A Deanship, Annette E. Clark

Faculty Articles

The author reflects on her experiences as the dean of the Saint Louis University School of Law and tries to discern lessons that might be useful to other deans.

Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud

Faculty Articles

The construct of free wage-labor, envisaged as consensual sale of labor-power by an autonomous and unencumbered individual in a market of juridical equals governed strictly by economic laws of supply and demand, is the bedrock of the purportedly universal category of labor under capitalism. However, this conceptual ensemble is an instance, yet again, of a particular masquerading as the universal – Europe’s autobiography passing for world history. It also underscores the divergence between mythologies and historical operations of capitalism. This article takes up the deployment of indentured labor from colonial India in plantation colonies across the globe for over a …