Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (22)
- Human Rights Law (4)
- Intellectual Property Law (4)
- Labor and Employment Law (4)
- Business Organizations Law (3)
-
- Computer Law (3)
- Criminal Procedure (3)
- Indigenous, Indian, and Aboriginal Law (3)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Criminal Law (2)
- Cultural Heritage Law (2)
- Family Law (2)
- Immigration Law (2)
- International Trade Law (2)
- Natural Resources Law (2)
- Securities Law (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- Admiralty (1)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Biology (1)
- Constitutional Law (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Energy and Utilities Law (1)
- Environmental Law (1)
- Keyword
-
- Japanese Commercial Code (2)
- 1982 Convention on the Law of the Sea (1)
- 1988 Omnibus Trade and Competitiveness Act (1)
- Admiralty Jurisdiction Extension Act (1)
- Arbitration (1)
-
- Comfort women (1)
- Community property (1)
- Copyright (1)
- Council of Grand Justices (1)
- Dispute resolution (1)
- Evolutionary biology (1)
- Fisheries (1)
- German Basic Treaty (1)
- Guam Commonwealth Act (1)
- Hong Kong Bill of Rights (1)
- Human rights (1)
- Income tax (1)
- Intellectual property rights (1)
- International Covenant on Civil and Political Rights (1)
- International trade relations (1)
- Japan Securities & Exchange Reform Act (1)
- Japanese Civil Code (1)
- Julius Caesar (1)
- Korean Reconciliation Treaty (1)
- Legal history (1)
- Oil Pollution Act (1)
- Philippine Foreign Investments Act (1)
- Public Vessels Act (1)
- Sea of Japan (1)
- Software (1)
- Publication
- Publication Type
Articles 1 - 30 of 65
Full-Text Articles in Law
The Protected Staus Of Opinion Work Product: A Misconduct Exception, Andrea L. Borgford
The Protected Staus Of Opinion Work Product: A Misconduct Exception, Andrea L. Borgford
Washington Law Review
Opinion work product generally has remained immune from discovery, although two increasingly problematic exceptions have developed to counter this immunity. The vague "at-issue" exception permits discovery of documented mental impressions when those mental impressions are central to the subject matter of the suit. The overly narrow "crime-fraud" exception opens opinion work product to discovery when it has been developed in furtherance of a crime or fraud. Because these redundant yet inadequate exceptions share common elements and goals, courts should streamline this important area of discovery law by condensing them into a new misconduct exception.
A Primer On Public Land Law, Marla E. Mansfield
A Primer On Public Land Law, Marla E. Mansfield
Washington Law Review
This article will examine the major missions and jurisdictions of the main federal land management systems, namely the public domain, the national forests, national parks, wildlife refuges, and wilderness areas. To introduce this examination, the constitutional provisions which justify the governing statutes will be explored. Additionally, as a prelude to the specific statutory mandates, this Article will review the system of reservations, withdrawals, and classifications. Preemption doctrine also will be addressed because states often desire to regulate activities on federal lands. Finally, the Article will distinguish between multiple use and dominant use.
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Washington Law Review
In 1988, Congress added section 1346 to the federal mail and wire fraud statutes to overturn the Supreme Court decision of McNally v. United States and provide statutory protection of the "intangible right of honest services." This Comment analyzes the extent to which section 1346 restores the protection of intangible rights as existed prior to McNally and concludes that most if not all of those intangible rights are again covered by the statutes. Further, this Comment recommends that the judiciary limit the application of the mail and wire fraud statutes in the private sector to cases involving a breach of …
From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump
Washington Law Review
A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …
Corporate Redemption In The Context Of Martial Dissolutions: I.R.C. § 1041 And Arnes V. United States, Thomas Monaghan
Corporate Redemption In The Context Of Martial Dissolutions: I.R.C. § 1041 And Arnes V. United States, Thomas Monaghan
Washington Law Review
In Ames v. United States the Ninth Circuit held that Temporary Treasury Regulation § 1.1041-IT, A-9 extended nonrecognition treatment to an ex-wife whose 50 percent interest in a corporation was redeemed pursuant to a divorce settlement, thereby leaving her ex-husband as the sole owner of the corporation. In doing so, the court not only contradicted the precedential treatment of bootstrap stock acquisitions but also misapplied its own interpretation of this regulation. This Note argues that a transaction such as that in Ames falls outside of the scope of the regulation and, therefore, the precedent surrounding bootstrap acquisitions should have controlled.
Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt
Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt
Washington Law Review
In Cipollone v. Liggett Group, Inc., the Supreme Court reaffirmed a narrow application of the federal preemption doctrine where preemption would prevent a state from exercising its police powers through the common law. Cipollone marks the latest in a line of Supreme Court decisions requiring courts to employ a presumption against preemption if congressional intent to preempt is not clear. Nevertheless, recent circuit court decisions have held that FIFRA preempts state common law claims against pesticide manufacturers. This Comment concludes that courts continuing to hold FIFRA preemptive of state common law both misinterpret congressional intent and misapply Cipollone.
Due Process In Civil Forfeiture Cases In Washington After Tellevik V. Real Property, Zhihong Pan
Due Process In Civil Forfeiture Cases In Washington After Tellevik V. Real Property, Zhihong Pan
Washington Law Review
In Tellevik v. Real Property, the Washington Supreme Court held that the government's seizure of real property through an ex parte proceeding complied with the due process requirements of the federal Constitution. This Note examines the Tellevik decision in light of United States Supreme Court case law on procedural due process and lower federal court rulings in real property forfeiture cases. It argues that the Tellevik court, in reaching its decision, misapplied federal case law and concludes that due process requires an opportunity for a full hearing before the government can deprive an owner of real property.
Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson
Indigenous People: An American Perspective On The Case For Entrenchment Of Maori Rights In New Zealand Law, Jeanette Jameson
Washington International Law Journal
The 1840 Treaty of Waitangi, signed by representatives of the British Crown and Maori Tribes, created a partnership that allowed colonization of New Zealand while protecting the Maori culture. The Treaty was declared a "nullity" in an 1877 court decision, and Maori rights under the Treaty have yet to be fully realized. Since the beginning of the 1970s, the New Zealand government has increasingly recognized the Maori culture. This Comment explores the history of the relationship between the Maori people and the New Zealand government. It analyzes current government policy on Maori issues. Fimally, it advocates for legislative entrenchment of …
U.S. Action In Micronesia As A Norm Of Customary International Law: The Effectuation Of The Right To Self-Determination For Guam And Other Non-Self-Governing Territories, Peter Ruffatto
Washington International Law Journal
U.S. relations with the Federated States of Micronesia and the Republic of the Marshall Islands resulted in a status of free association for these two Micronesian nations in 1986. Meanwhile, 18 trust and non-self-governing territories still lack a status of self-determination, including U.S.-administered Guam. U.S. action in Micronesia and U.N. approval of such action creates a norm of customary international law, which mandates all administering authorities of trust and non-self-governing territories to bring to fruition these territories' right to self-determination. Although non-self-governing territories are generally categorized under a separate legal regime from that which governed U.S. action in Micronesia, the …
A Survey Of Intellectual Property Issues In China-U.S. Trade Negotiations Under The Special 301 Provisions, Qiao Dexi
Washington International Law Journal
On January 16, 1992, the United States and China signed a Memorandum of Understanding (MOU) committing China to provide improved protection for U.S. intellectual property rights (PRs) in China. Though the MOU is based on the special 301 provisions of the U.S. Omnibus Trade and Competitiveness Act of 1988, it may be regarded as being largely a continuation of the IPRs provisions of a 1979 bilateral trade agreement. This articleanalyzes IPRs under the special 301 provisions, with reference to specific issues of patents, trademarks and copyrights. In conclusion, the following points are emphasized. 1) The MOU will apparently solve intellectual …
Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette
Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette
Washington Law Review
Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the job after …
Proportionality And Punishment: Double Counting Under The Federal Sentencing Guidelines, Gary Swearingen
Proportionality And Punishment: Double Counting Under The Federal Sentencing Guidelines, Gary Swearingen
Washington Law Review
The Federal Sentencing Guidelines enhance sentences when the commission of a crime includes certain kinds of egregious conduct. The guidelines define such egregious conduct in a way that allows the sentencing judge to enhance the defendant's sentence twice for the same conduct—once as a "characteristic" of the specific offense for which the defendant is convicted and again under a general "adjustments" section. The federal circuit courts are divided concerning whether the guidelines permit double counting. This Comment examines the courts' differing interpretations of the governing statutes and concludes that the guidelines do not permit double counting unless explicitly stated in …
Avoidability Of Foreclosure Sales Under Section 548(A)(2) Of The Bankruptcy Code: Revisiting The Transfer Issue And Standardizing Reasonable Equivalency, Vic Sung Lam
Washington Law Review
Federal courts consider the 1984 amendments to the Bankruptcy Code to have conclusively defined "transfer" to include foreclosure sales under section 548(a)(2). This Comment questions this widely accepted interpretation. Moreover, federal courts have strongly disagreed on the meaning of "reasonably equivalent value" under section 548(a)(2) of the Bankruptcy Code for the purpose of avoiding a foreclosure sale as a constructive fraudulent transfer. This Comment examines the three dominant but divergent approaches to determining reasonable equivalency. It concludes that both the Durrett 70-percent rule and the Madrid state-procedural approach are inappropriate standards because they fail to comport with the statutory language …
Death Wish: What Washington Court Should Do When A Capital Defendant Wants To Die, Laura A. Rosenwald
Death Wish: What Washington Court Should Do When A Capital Defendant Wants To Die, Laura A. Rosenwald
Washington Law Review
The Washington Supreme Court held in State v. Dodd that a capital defendant may waive general review of conviction and sentence, and failed to determine whether a defendant may also withhold all mitigating evidence from the sentencing proceeding. The holding limits appellate oversight of death sentences to a degree that fails to ensure Washington's interest in reliable capital punishment. The court should have required general review of both conviction and sentencing in all capital cases. It also should have established a procedure for third-party presentation of mitigating evidence on behalf of capital defendants who insist on withholding such evidence.
Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne
Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne
Washington Law Review
Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the work force of …
The Right To Development As A Mechanism For Group Autonomy: Protection Of Tibetan Cultural Rights, Michele L. Radin
The Right To Development As A Mechanism For Group Autonomy: Protection Of Tibetan Cultural Rights, Michele L. Radin
Washington Law Review
Traditional legal mechanisms have failed to protect minority cultural integrity rights for the Tibetan people. Modem human rights law, however, offers a mechanism to protect cultural integrity through group autonomy. This Comment argues that the right to development can protect Tibetan cultural rights through such a claim for group autonomy over development.
The Many Meanings Of "Wherefore" In Legal History, Louis E. Wolcher
The Many Meanings Of "Wherefore" In Legal History, Louis E. Wolcher
Washington Law Review
This essay describes the strategies that sometimes allow me to make sense of the answers that people give to the question Why? when it comes up in scholarly accounts of legal outcomes from the past. The essay is constructive, not deconstructive; programmatic, not polemical. I mean to sketch and recommend a way of thinking about legal history that I call methodological self-consciousness. "Methodological individualism" would be both inaccurate and accurate as a label for the essay's approach to questions of causality. The label is inaccurate, because it fails to express the heavy emphasis that I place on the dialectical relationship …
Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs
Japanese Official Development Assistance And Energy Efficiency Projects, John Briggs
Washington International Law Journal
This comment examines the likelihood that the Japanese government will promote investments in energy efficiency programs in the developing world with funding from its Official Development Assistance (ODA). The Japanese Prime Minister has stated that Japan will support the promotion of sustainable development in the developing world, primarily through disbursements of its ODA funds. The need to promote investments in energy efficiency projects in the developing world is widely accepted by proponents of sustainable development. However, the likelihood that Japan will replace its current ODA energy program, which targets investments in energy generation, with a program that promotes investments in …
The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood
The Korean Reconciliation Treaty And The German Basic Treaty: Comparable Foundations For Unification?, Derek J. Vanderwood
Washington International Law Journal
With the end of the Cold War, the North-South Korean relationship has been the focus of increasing attention in the international community. In 1991, after years of tense and hostile relations, the two states adopted the Korean Reconciliation Treaty. To assess the prospects for successful reunification of the two Koreas through the Treaty, this comment compares it with the German Basic Treaty of 1984, which promotes similar goals of reunification of divided states. The comparison shows that the German Treaty has been more successful in facilitating unification, due largely to its relative flexibility in implementation. This comment proposes that the …
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Retroactive Application Of The Torture Victim Protection Act To Redress Philippine Human Rights Violations, Riza De Jesus
Washington International Law Journal
The Torture Victim Protection Act (TVPA) was enacted in 1992 to establish an unambiguous basis for a cause of action in U.S. courts for torture committed in foreign nations. Because the statutory language and legislative history did not address the issue of retroactivity, courts are left with the task of determining whether the TVPA applies to pending cases and pre-enactment conduct. As demonstrated in In re Estate of Marcos Human Rights Litigation, a retroactive application of the statute does not result in manifest injustice. The TVPA does not alter substantive rights and liabilities and merely clarifies existing law prohibiting …
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Washington International Law Journal
Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Thailand's State Enterprise Labor Relations Act: Denying Public Employees The Right Of Association And The Right To Organize And Bargain Collectively, Kelly A. Doelman
Washington International Law Journal
On April 15, 1991, Thailand's new legislative body enacted the State Enterprise Labor Relations Act, removing public employees from the dominion of the Labor Relations Act and dissolving the existing public labor unions. This Act has had a crippling effect on the entire Thai labor movement, which historically relied on the leadership and influence of public unions to promote private industry worker interests. This Comment argues that the State Enterprise Labor Relations Act contains many provisions which violate internationally accepted labor standards, specifically the right of association and the right to organize and bargain collectively. This Comment further asserts that …
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
"Comfort Women" From Korea: Japan's World War Ii Sex Slaves And The Legitimacy Of Their Claims For Reparations, Yvonne Park Hsu
Washington International Law Journal
During World War II, Japan forced 100,000 to 200,000 women from all over Asia into prostitution to satisfy the sexual cravings of Japanese soldiers. These women thus forced into prostitution were euphemistically called "comfort women". In December 1991, three former Korean comfort women filed suit in the Tokyo District Court, seeking damages for their sufferings. From both legal and moral perspectives, Japan needs to make reparations for violations of these women's fundamental human rights. By meeting the obligations arising from its past abuses of human rights, Japan will take a significant step toward preventing its militant past from re-occurring, fostering …
Lessons From A Changing Japan, John Owen Haley
Lessons From A Changing Japan, John Owen Haley
Washington International Law Journal
As suggested by the title, these comments center on three propositions: that Japan is changing; that somehow Japan in the process of such change has something to teach us; and finally, that we have something to learn from Japan. Living in Japan over the past six months—the longest period during which I have continuously lived in Japan since the early 1970's—I have been startled by the extent of intellectual and material changes. Although some may belittle the Japanese slogan kokusaika, I am deeply impressed by the profound "internationalization" of Japanese attitudes and understanding. As goods, services, and ideas flow …
Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel
Juduicial Power & Illusion: The Republic Of China's Council Of Grand Justices And Constitutional Interpretation, F. Fraser Mendel
Washington International Law Journal
The Republic of China underwent a rapid political transformation from an authoritarian nation to a democratic state which required change at every level of the government. The ROC's Council of Grand Justices has contributed to this period of reform through a number of constitutional interpretations which have resulted in greater individual liberties and further restrictions on government actions. This has been accomplished even though the Council operates against substantive and procedural limitations on its powers. A review of these Council interpretations from the past decade reveals that the Council has made steady inroads towards fulfilling its role as the supreme …
Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler
Introduction To The Financial System And Securities & Exchange System Reform Act In Japan, Hiroshi Naka, Akio Nakamura, Atsushi Yamashita, Scott Siegler
Washington International Law Journal
This translation of an original Japanese language work, by Hiroshi Naka and Akio Nakamura, both of the Japanese Ministry of Finance, details the reforms of Japan's financial and securities & exchange system made under the recently enacted System Reform Act. The major reforms under the Act include: (1) altering the "Glass Steagall" rule (the separation of securities business and banking business) in Japan so that banks and securities companies can engage in each other's business through their subsidiaries; (2) extending securities regulations to some new types of structured finance; (3) amending public offering provisions and providing new articles for private …
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
The Application Of The International Covenant On Civil And Political Rights To Hong Kong, Geping Rao
Washington International Law Journal
As a dependency of the United Kingdom, Hong Kong is ineligible to ratify international agreements such as the International Covenant on Civil and Political Rights. The United Kingdom ratified the ICCPR and in so doing extended it to Hong Kong, with certain reservations. Full implementation of the ICCPR in Hong Kong requires that it be incorporated into domestic law, however. That was accomplished in 1991 with the passage of the Hong Kong Bill of Rights. This Article discusses the incorporation of the ICCPR into Hong Kong law via the Hong Kong Bill of Rights and the Basic Law, and proposes …
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
International Human Rights, Morality In War, And The Structure Of Rights, Edward C. O'Dowd, Robert F. Schopp
Washington International Law Journal
A careful analysis of certain issues of morality in war demonstrates important differences in the duties recognized by Western and Chinese military officers toward their soldiers. These differences reflect fundamentally different theories of social morality in the societies these officers represent. Although Western countries and China have endorsed a common set of internationally recognized human rights, a meaningful consensus regarding human rights must remain consistent across three levels of analysis. The putative contemporary consensus among Chinese and liberal societies fails because the fundamental differences in underlying principles of social morality that give rise to divergent principles of morality in war …
Resolution Iii Of The 1982 Convention On The Law Of The Sea And The Timor Gap Treaty, James K. Kenny
Resolution Iii Of The 1982 Convention On The Law Of The Sea And The Timor Gap Treaty, James K. Kenny
Washington International Law Journal
Australia and Indonesia signed the Timor Gap Treaty in 1989 as a means to jointly benefit from the petroleum reserves in the Timor Sea between East Timor and northwestern Australia without permanently resolving their dispute over seabed delimitation. The Treaty utilizes rights granted by the 1982 United Nations Convention on the Law of the Sea (UNCLOS III, 1982). Resolution III of the UNCLOS III provides the benefit of the Convention's rights to United Nations-recognized non-self-governing peoples, which includes the East Timorese people. Under Resolution III, the East Timorese are entitled to all of the Convention's rights, including sovereignty over natural …
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
How The East Was Won: A Critique Of U.S. Tactics In Negotiating Patent Protection For Pharmaceuticals In Thailand, Michael Begg
Washington International Law Journal
In February 1992, Thailand amended its patent law to provide patent protection for drugs. The amendment resulted from pressure by the United States pharmaceutical industry and the United States Trade Representative; it was not a Thai internal policy decision. Bleak prospects in the U.S. drug market due to a climate of increasing restraints on drug prices have led the Pharmaceutical Manufacturers Association to push for patent protection for their products abroad. Consequently, the United States Trade Representative pressured Thailand to amend its Patent Act to include pharmaceuticals, threatening to use Section 337 of the Trade and Tariff Act of 1930 …