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Articles 1 - 22 of 22
Full-Text Articles in Law
Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal
Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal
Seattle University Law Review
This Comment will begin with a brief history of the medical use of marijuana in western culture and the United States. It will then examine the existing federal statutory scheme governing the use of marijuana and conclude with a look at current beliefs about the medical value of marijuana. Section III will analyze previous attempts to collaterally attack the scheduling of marijuana through the courts and show why those efforts have generally failed. Section IV will perform a substantive due process analysis of William Cohen's case and submit that Mr. Cohen has a fundamental right to consult with his physician …
The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro
The Right Books For The "Rights" Course—A Review Of Four Civil Rights Casebooks, Stephen Shapiro
Seattle University Law Review
This essay originally started out as a review of Charles Abernathy's casebook, <em>Civil Rights and Constitutional Litigation</em>, which the author was using to teach his "Civil Rights Litigation" course at the University of Baltimore. Since at some point in his career the author has used three of the four major casebooks available to law faculty teaching Civil Rights (the Abernathy casebook, Eisenberg's <em>Civil Rights Legislation</em>, and Low and Jeffries's <em>Civil Rights Actions</em>), he decided to extend this review to all four books. All four are quite good, including the newest, Nahmod, Wells & Eaton's <em>Constitutional Torts</em>. They all differ, however, …
Casebooks And Constitutional Competency, David E. Engdahl
Casebooks And Constitutional Competency, David E. Engdahl
Seattle University Law Review
Today's casebooks are far better adapted for fostering constitutional competency among lawyers than were their earlier counterparts. Part 1 of this Article traces the evolution of the constitutional law casebook from James Bradley Thayer's massive compilation of raw data in the Dean Langdell tradition, to the modern style of extensively edited cases with comments and questions to help students identify, anticipate, and assess potential avenues of analysis and development. Part 2 examines some basic concepts of federalism law still afforded too little attention by casebook editors. The classic analysis of enumerated powers (including Congress's power under the necessary and proper …
Politics, Doctrinal Coherence, And The Art Of Treatise Writing, Edward Rubin
Politics, Doctrinal Coherence, And The Art Of Treatise Writing, Edward Rubin
Seattle University Law Review
Writing a treatise on constitutional law is both necessary and impossible. It is necessary because constitutional law, at least in the United States, is a common law subject. To be sure, it possesses a positive law basis, but that basis is very thin and the decisional law that has flowed from it is luxuriant and complex. Treatises organize and summarize bodies of decisional law, creating a coherent structure from the welter of incremental decisions, overlapping doctrines, and particularized holdings and dicta. Yet it is impossible to write a treatise about constitutional law. All treatises depend, for their effectiveness, upon a …
Notes On Notes, Margaret G. Stewart
Notes On Notes, Margaret G. Stewart
Seattle University Law Review
The author’s search for a text which emphasized the underlying and continual concerns that the roles of judicial review and federalism present whenever the Court is asked to justify or reject majoritarian decisions led her to adopt Stone, Seidman, Sunstein, and Tushnet’s Constitutional Law. Having used it for at least five years, she remains convinced that it does an excellent job in a difficult field. The Stone, Seidman, Sunstein, and Tushnet casebook seems to have found a workable mix of past and present political and judicial landscape. For the most part, it utilizes a chronological approach in its separate …
The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander
The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander
Seattle University Law Review
Professor William Van Alstyne has been a prolific and influential scholar, discussing First Amendment questions throughout his career. He has authored dozens of law review articles that are frequently cited in varying contexts, including at least twenty cites in U.S. Supreme Court opinions. He also has done what few others have done with his scholarly agenda by writing consistently and powerfully on the major aspects of the First Amendment – Free Speech, Press, and Religion – and their interrelation. He has added to his numerous contributions by providing a thorough and insightful casebook, First Amendment Cases and Materials, which …
The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos
The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos
Seattle University Law Review
This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …
Methodology For Teaching Constitutional Law, Constance Frisby Fain
Methodology For Teaching Constitutional Law, Constance Frisby Fain
Seattle University Law Review
Teaching constitutional law concepts has become more exciting, interesting, and thorough by utilizing Barron, Dienes, McCormack, and Redish's Constitutional Law: Principles and Policy. The authors of this casebook are full professors of law who are distinguished experts in the field of constitutional law. Barron and Dienes are also coauthors of two study aid texts designed to supplement the casebook: a Nutshell Series outline and a Black Letter Series outline. These provide summaries of constitutional law intended to assist the student in recognizing and comprehending the principles and issues of law covered in this casebook and others. This Essay addresses …
Cases Versus Theory, Richard B. Collins
Cases Versus Theory, Richard B. Collins
Seattle University Law Review
Past reviewers have noted that the large modern market for American constitutional law casebooks was not served by much diversity in approaches to the subject. More recently there has been some divergence, and teachers have more choices. Cohen & Varat’s <em>Constitutional Law: Cases and Materials</em> has changed least in the intervening years and continues to serve its part of the market very well. Case editing is excellent, and selection is good. So if you liked the former standard, it remains a sound choice, and if you did not, you will have moved on. Notable differences among constitutional law casebooks fall …
Combining The Best Of Gunther And Sullivan, James Weinstein
Combining The Best Of Gunther And Sullivan, James Weinstein
Seattle University Law Review
In the field of casebooks, there are few classics, but Gerald Gunther's Constitutional Law has long been viewed as one of them. More than twenty years ago it was heralded in the Harvard Law Review as "the Hart and Wechsler of constitutional law." After decades of solo authorship, Gunther is joined on the 13th edition by Kathleen Sullivan, who was primarily responsible for revising (among other sections) the chapters on freedom of expression. This partnership has succeeded in improving what was already perhaps the strongest section of the book. This Review examines the organization of the free expression materials, considers …
Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush
Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush
Seattle University Law Review
In reviewing Stone, Seidman, Sunstein, & Tushnet's <em>Constitutional Law</em>, the author focuses on the casebook’s exploration of race to illustrate why she uses the book, and why she finds it valuable. The outstanding qualities of the book, however, are not limited to race. It provides excellent material on just about every possible area of discrimination law, as well as on the basics of separation of powers, federalism, and First Amendment issues. Inevitably, any textbook will be of limited use to a professor who has had time to reflect on the area of the law and who has perhaps written in …
Mastering Modern Constitutional Law, Thomas E. Baker
Mastering Modern Constitutional Law, Thomas E. Baker
Seattle University Law Review
Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. There are several reasons for this thorough difficulty. First, it is not an exaggeration to say that the fate of the nation is often at stake in constitutional cases and controversies, and constitutional decisions have shaped our history as a people. Second, we Americans can lay claim to inventing the field, and we have been continuously preoccupied with reinventing it for more than two centuries of applied political philosophy. Third, the Supreme Court is one of the most fascinating institutions inside or …
Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell
Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell
Seattle University Law Review
The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks
Seattle University Law Review
This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …
Which Constitution? Eleven Years Of Gunwall In Washington State, Hugh D. Spitzer
Which Constitution? Eleven Years Of Gunwall In Washington State, Hugh D. Spitzer
Seattle University Law Review
This Article studies the problem of choosing constitutions-particularly the choice between applying the national Bill of Rights or a state constitution's declaration of rights. Many others have presented arguments for and against the independent application of a state's rights guarantees' or have classified and analyzed the various theories of state constitutionalism in the shadow of the United States Supreme Court. This examination focuses on practice rather than theory: specifically, how the Washington State Supreme Court has applied its formal doctrine on the role of the State's Declaration of Rights' and how that court has characterized and applied six criteria it …
In Memoriam: Ralph Seeley Obscured By Smoke: Medicinal Marijuana And The Need For Representation Reinforcement Review, Aryeh Y. Brown
In Memoriam: Ralph Seeley Obscured By Smoke: Medicinal Marijuana And The Need For Representation Reinforcement Review, Aryeh Y. Brown
Seattle University Law Review
This Comment contends that because of the continuing legislative inability to deal adequately with this issue the courts must apply strict judicial scrutiny by way of a representational reinforcement theory to cases concerning the medicinal use of marijuana. Failure to do so perpetuates the dysfunction of the judicial and legislative process. It additionally detracts from the legitimacy of that process by fostering cynicism and contempt toward the legislature that promulgates such oppressive laws and toward the judiciary that allows their enforcement.
Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson
Survey Of Washington Search And Seizure Law: 1998 Update, Justice Charles W. Johnson
Seattle University Law Review
This Survey, as did the previous Surveys, summarizes the predominant treatment of search and seizure issues under the Fourth Amendment and under article I, section 7 of the Washington State Constitution to the extent that this state's provision is interpreted differently from the federal provision. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues.
Computer-Generated Child Pornography: A Legal Alternative?, Wendy L. Pursel
Computer-Generated Child Pornography: A Legal Alternative?, Wendy L. Pursel
Seattle University Law Review
This Comment does not debate the efficacy of the Child Pornography Prevention Act in accomplishing its purpose-the effective regulation of computer-generated images. Nor does this Comment address adult-simulated child pornography. Rather, working under the assumption that the statute accomplishes what it aims to accomplish-namely the regulation of computer-generated child pornography-this Comment looks beyond the statute and its language to the broader discussion of the value in regulating this type of material. Specifically, this Comment will focus on two issues: first, whether legislation regulating computer-generated child pornography can survive First Amendment considerations of free speech, and second, the social arguments made …
What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell
What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell
Seattle University Law Review
For the first time ever, the Supreme Court of Washington in State v. Lively overturned a criminal conviction because of outrageous government conduct. This decision employed a rarely-used, and even more infrequently successful, defense to achieve an apparently just result. Indeed, courts and scholars disagree on whether the defense, based on the Due Process Clause of the U.S. Constitution, actually exists and, if it does, how it applies to the facts of a given case. The U.S. Supreme Court has neither expressly and conclusively acknowledged nor disavowed the defense and has never employed it to overturn a criminal conviction. The …
A Constitutional Law Casebook For The 21st Century: A Critical Essay On Cohen And Varat, Bryan K. Fair
A Constitutional Law Casebook For The 21st Century: A Critical Essay On Cohen And Varat, Bryan K. Fair
Seattle University Law Review
The purpose of this essay is to review the strengths and weaknesses of the latest edition of Cohen and Varat’s Constitutional Law: Cases and Materials. After teaching from it for seven years, the author of this review states unequivocally that it is a first-rate teaching tool – unquestionably one of the leading, traditional casebooks, enabling thousands of law students throughout the country to gain some insight on a vast array of constitutional questions. Below, rather than simply describe the casebook's broad contents, the author illustrates how he uses it in a class of 65 to 100 students, meeting for …
Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin
Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin
Seattle University Law Review
The author’s primary methods to teach Constitutional Law are problem solving and storytelling. He selected Farber, Eskridge, and Frickey’s Constitutional Law: Themes for the Constitution's Third Century and continues to use it in part because it includes both stories and problems. The author also selected this particular casebook because it places the individual rights materials before the materials on federal powers. He wanted to experiment with this reversed order and thus far has been satisfied – largely because the rights materials engage student interest better than the powers materials. They also set a more contemporary and practical tone for the …
Theme And Variations, Hugh D. Spitzer, Charles W. Johnson
Theme And Variations, Hugh D. Spitzer, Charles W. Johnson
Seattle University Law Review
State constitutions are worth the attention. They are, and have always been, different from the United States Constitution. Because state constitutions are typically easier to replace or amend than the United States Constitution, they reflect the political movements that have swept the country from time to time. As Professor Tarr has observed, provisions based in Jacksonian Democracy, Populism, and the Progressive movement have caused a "layering" in many state documents, which has affected both substance and interpretation." This makes the study of state constitutions interesting, and important too, because the themes might be similar from state to state, but the …