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Full-Text Articles in Law

Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur Jan 2000

Hegemony, Coercion And Teeth Gritting Harmony: A Commentary On Law, Power And Culture In Franco’S Spain, Tayyab Mahmud, Ratna Kapur

Faculty Scholarship

Co-authored with Ratna Kapur, this commentary engages the interrelationship of hegemony and coercion in legal regimes of the modern state. Against the backdrop of regulation of sexuality in fascist Spain, we posit a model of modern state power that draws upon the work of Gramsci, Althusser, and Foucault. It is argued that ideology is the velvet glove that encases the iron fist of coercion, and law always combines coercion and ideology by its very structure and operation. A bridge between critical race theory and queer theory is located in the concept of racing seen as the modern technology of power ...


The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins Jan 2000

The Heavy Burden Of The State: Revisiting The History Of Labor Law In The Interwar Period, Christopher L. Tomlins

Seattle University Law Review

This Article reflects on possible conclusions to be drawn from this symposium. The article concludes that individually, these authors have demonstrated the returns to be gained by pushing labor law history into new empirical and conceptual areas. Collectively, however, their achievement is somewhat different, for collectively they recommend that we revisit what is ostensibly familiar to us.


Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt Jan 2000

Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt

Seattle University Law Review

This Comment will argue that an as applied approach allows the executive branch, whether at the state or federal level, to encroach into the legislative realm by rendering a statute unconstitutional as a result of the way the statute is administered. Section II of this Comment will begin by examining the history of the as applied and on its face double jeopardy approaches during the last 20 years. After a close examination of the decisions in Halper and Hudson in sections II.B and II.C, this Comment will explain why the holding of Hudson, though correct in its result ...


Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher Jan 2000

Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher

Seattle University Law Review

This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn ...


The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry Jan 2000

The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry

Seattle University Law Review

This Article addresses a particular aspect of many kinds of professional practice: the rendering of advice to clients. Drawing on their knowledge and experience, professionals may recommend a certain course of action to their clients in the course of their practice. The client may then assess the recommendation and decide whether or not to act on it. This aspect of professional practice involves a speech-related activity, so government regulation might raise at least a colorable First Amendment issue. This Article also focuses on a particular aspect of the regulation of professional advice, namely, licensure. When professional advice rendering activities are ...


Table Of Contents, Seattle University Law Review Jan 2000

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz Jan 2000

The Search For Constitutional Protection Of Labor Standards, 1924-1941: From Interstate Compacts To International Treaties, Edward C. Lorenz

Seattle University Law Review

Part II of this article will begin by reviewing the growing awareness before 1925 of the crisis in the New England textile industry and the emergence of John Winant as a concerned leader. Part III examines the early effort to confront the decline with new corporate and public policies. Part IV chronicles the pursuit of labor standards through interstate compacts and alternatives. Part V focuses upon joining the ILO and the questions that arose regarding the relationship of conventions to domestic law. Part VI describes the post-World War II attacks on the ILO which undermined, until the 1990s, the United ...


Death Resurrected: The Reimplementation Of The Federal Death Penalty, Christopher Q. Cutler Jan 2000

Death Resurrected: The Reimplementation Of The Federal Death Penalty, Christopher Q. Cutler

Seattle University Law Review

This Comment analyzes the federal death penalty. Part one discusses the history of the federal death penalty, from its roots in the superstitions and religious dogma of colonial America to the Drug Kingpin Act and the Federal Death Penalty Act of 1994. Part two examines the Drug Kingpin Act, the first federal move into the death penalty arena since the landmark Supreme Court case of Furman v. Georgia. Next, the Comment explores Congress' broad expansion of the federal death penalty in its most recent statute, the Federal Death Penalty Act of 1994. Part four examines the practical application of the ...


Reflections On The Future Of Social Justice, Lucia A. Silecchia Jan 2000

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Seattle University Law Review

This Address contains remarks made on October 18, 1999 as part of the Dedication Celebration for the Seattle University School of Law.


On Writing A Casebook, Myron Moskovitz Jan 2000

On Writing A Casebook, Myron Moskovitz

Seattle University Law Review

In this Article, the author will discuss his theory for writing a casebook, how to organize the book and select cases, and how to get your book published.


Volume Index, Seattle University Law Review Jan 2000

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Sweeping The E-Commerce Patent Minefield: The Need For A Workable Business Method Exception, William Krause Jan 2000

Sweeping The E-Commerce Patent Minefield: The Need For A Workable Business Method Exception, William Krause

Seattle University Law Review

This Comment will trace the history of patent protection for methods of doing business over the past two decades, then it will inspect the problems that this protection has wrought: litigation, increased barriers to e-commerce entrepreneurs, and the threat of a less vibrant electronic marketplace. Because each traditional method of protecting intellectual property -- patent, copyright, and trade secret -- has strengths and limitations in protecting advancements in software technology, this Comment will examine the relative benefits of each method. Finally, this Comment will suggest a simple, easily applied test that will offer patent protection to true innovations while reserving methods of ...


Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall Jan 2000

Telford: Casting Sunlight On Shadow Governments—Limits To The Delegation Of Government Power To Associations Of Officials And Agencies , Leslie L. Marshall

Seattle University Law Review

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of ...


The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson Jan 2000

The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson

Seattle University Law Review

If therapeutic jurisprudence is so good, its applicability should not be limited to the trial courts. This Article offers some examples of how appellate courts can join the trial courts in applying therapeutic jurisprudence, but it also raises some concerns.


The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya Jan 2000

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

Seattle University Law Review

Although the Court has in many instances ruled in favor of Native Americans, its approach in the multiple cases it has decided involving them could rarely be called therapeutic in the sense that term is used in the Introduction to this issue. The Court's jurisprudence in this area provides perhaps the starkest American example of the appellate judiciary functioning in an antitherapeutic role in the context of majority-minority conflicts. In this brief Article, I will identify particular aspects of the Court's jurisprudence to make this point. Further, I will suggest what is needed in order for the Court ...


The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers Jan 2000

The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers

Seattle University Law Review

Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional ...


The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon Jan 2000

The Nation's Teacher: The Role Of The United States Supreme Court During Times Of Crisis, Robert Jerome Glennon

Seattle University Law Review

This Article will suggest that TJ has occasionally been part of the United States Supreme Court's jurisprudence. The Court sometimes finds itself at the center of deeply-divisive national controversies. On those occasions, the opinion of the Court can, and ought to, play a role in healing the nation's controversy-inflicted wounds. The Court should consciously craft an opinion that speaks to the American people as a whole and that calls on every citizen, regardless of the fervency of his or her beliefs, to accept the resolution of the controversy offered by the Court. During such crises, citizens are unlikely ...


Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard Jan 2000

Therapeutic Jurisprudence In The Appellate Arena—A Louisiana Jurist's Response, Sol Gothard

Seattle University Law Review

Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.


"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin Jan 2000

"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective ...


Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo Jan 2000

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.


Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben Jan 2000

Thoughts On Some Potential Appellate And Trial Court Applications Of Therapeutic Jurisprudence, Steve Leben

Seattle University Law Review

To date, the application of therapeutic jurisprudence principles has been concentrated mainly on specialized trial courts: drug treatment courts, domestic violence courts, criminal courts, and juvenile and family courts. Its application to trial courts generally, as well as its application to the appellate courts, remains largely unexplored. This Article considers three areas in which trial and appellate courts may want to consider applying therapeutic jurisprudence.


Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee Jan 2000

Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee

Seattle University Law Review

Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive ...


Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch Jan 2000

Psychological Consequences Of Adopting A Therapeutic Lawyering Approach: Pitfalls And Protective Strategies, Lynda L. Murdoch

Seattle University Law Review

The integration of preventive law and therapeutic jurisprudence holds promise for enriching the careers of many practicing lawyers. However, the process of becoming more therapeutic in orientation also involves risk. This Article discusses four potential pitfalls: (1) the process of becoming psychologically-minded and its inherent hazards, including overidentification; (2) the difficulty of balancing neutrality and involvement; (3) the need to identify and manage transference and countertransference; and (4) the risk of secondary trauma. Protective strategies, drawn from the psychotherapeutic and burnout literature, are outlined. This Article stresses the need for lawyers to recognize potential hazards and draw on the experience ...


Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani Jan 2000

Therapeutic Jurisprudence In The Appellate Arena: Judicial Notice And The Potential Of The Legislative Fact Remand, A.J. Stephani

Seattle University Law Review

This Article begins with a modest objective and ends with an ambitious one. First, it asserts that appellate courts are an appropriate forum for considering the therapeutic impact of the law strand of therapeutic jurisprudence (TJ) scholarship. TJ's character as a "field of social inquiry" is especially suited to the appellate courts' task of formulating new rules of law and choosing among competing policy objectives when resolving opposing normative principles.


Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli Jan 2000

Ex Parte Civil Commitment, Family Care-Givers, And Schizophrenia: A Therapeutic Jurisprudence Analysis, Éva Szeli

Seattle University Law Review

First, this Article will discuss schizophrenia and its impact on these individuals and their families. Family variables in the course of the disorder will be highlighted. Then, this Article will review the legal power afforded such families by ex parte provisions in civil commitment statutes using the involuntary examination portion of the Florida mental health code as a model. Finally, this Article will assess this system of civil commitment available to care-giving families in therapeutic jurisprudential terms, with recommendations for maximizing the therapeutic consequences and minimizing the antitherapeutic consequences of ex parte procedures.


A Sea Change In The Appellate Process?, Gerald W. Vandewalle Jan 2000

A Sea Change In The Appellate Process?, Gerald W. Vandewalle

Seattle University Law Review

Professor David Wexler's essay is certain to engender a sense of fear in appellate judges by its very suggestion that we should undertake such a sweeping reform of the appellate process. But the suggestions should-and will-beget the gnawing feeling that Professor Wexler's analysis of the articles by Professors Nathalie Des Rosiers and Amy Ronner, as well as the questions he poses, require us to explore these ideas further. For those of us who follow the "no advisory opinions" we might stop there. For thotshee acpapneolnl aotef courts who use a screening process to divert cases to an alternative ...


Cyberspace And The "Devil's Hatband", Jonathan J. Rusch Jan 2000

Cyberspace And The "Devil's Hatband", Jonathan J. Rusch

Seattle University Law Review

In this Article, I maintain that while there is an ongoing conflict of legal traditions over the desirability of fences in cyberspace, there are definite virtues in the creation of such fences, so long as we understand the physical, psychological, and moral dimensions of that process. Part I will present a brief survey of the history of barbed wire in the Old West, paying particular attention to the contending legal traditions that affected the manner and extent of that growth in the West. These contending legal traditions, which related to "fencing in" versus "fencing out" cattle, played a key role ...


Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok Jan 2000

Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok

Seattle University Law Review

This Comment will explore whether Washington courts should recognize direct-to-consumer advertising as an exception to the learned intermediary rule. With the ultimate goal of advocating the best protection for the consumer, the discussion will suggest that Washington courts should not create an exception. A review of other exceptions to the learned intermediary rule does not support abandoning the doctrine when a drug company advertises its product directly to consumers. Nevertheless, advertising does affect consumer purchases and does influence consumer choices, and drug companies should accept the responsibility to present balanced information. This responsibility should encompass more than meeting the minimum ...


Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst Jan 2000

Taking Stock: New Views Of American Labor Law Between The World Wars, Daniel R. Ernst

Seattle University Law Review

This Article provides an introduction to the symposium. This symposium originated in a session at the annual meeting of the American Society for Legal History held in Seattle in October 1998. Entitled "Labor, Law, and the State in the Interwar Period," the panel provided four different views of a decisive period in the development of labor law in the United States. In the 1980s the panel's chair, Katherine Van Wezel Stone, and commentator, Christopher L. Tomlins, published works that helped spark a modern revival in the historical study of U.S. labor law. The authors of the four papers ...


Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon Jan 2000

Erasing Race? A Critical Race Feminist View Of Internet Identity Shifting, Margaret Chon

Faculty Scholarship

Race and gender become even more abstract in the disembodied presence they inhabit online. This article outlines the importance of being sensitive to the under-identified online presence of race and gender related issues, with an in depth discussion of the complications these issues face.