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Articles 1 - 30 of 71
Full-Text Articles in Law
Introduction: Civil Legal Representation, Lisa E. Brodoff
Introduction: Civil Legal Representation, Lisa E. Brodoff
Seattle Journal for Social Justice
No abstract provided.
In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman
In Re Marriage Of King: Amicus Curiae Brief Of International Law Scholars In Support Of Appellant, Martha F. Davis, Raven Lidman
Seattle Journal for Social Justice
No abstract provided.
Amicus Curiae Brief In Support Of Plaintiff-Appellees By Asian American Justice Center, Asian Law Caucus, Asian American Institute, Asian Pacific American Legal Center, Asian Pacific American Women Lawyers Alliance, Asian Pacific Islander Legal Outreach, Api Equality, California Conference Of The Naacp, Chinese For Affirmative Action, Coalition For Humane Immigrant Rights Of Los Angeles, Korematsu Center At Seattle University, Mexican American Legal Defense And Education Fund, And The Zuna Institute, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Amicus Curiae Brief In Support Of Plaintiff-Appellees By Asian American Justice Center, Asian Law Caucus, Asian American Institute, Asian Pacific American Legal Center, Asian Pacific American Women Lawyers Alliance, Asian Pacific Islander Legal Outreach, Api Equality, California Conference Of The Naacp, Chinese For Affirmative Action, Coalition For Humane Immigrant Rights Of Los Angeles, Korematsu Center At Seattle University, Mexican American Legal Defense And Education Fund, And The Zuna Institute, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
Perry v. Hollingsworth
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Seattle University Law Review
What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …
The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman
The Cross-Dressing Case For Bathroom Equality, Jennifer Levi, Daniel Redman
Seattle University Law Review
While transgender rights advocates have won many battles in the fight for equality, bathroom discrimination remains a significant obstacle to transgender people’s full participation in society. This Article discusses the reasoning behind the cases that have rejected transgender people’s discrimination claims based on bathroom exclusion. The Article then demonstrates how these arguments mirror the rationales offered by supporters of long-dead, unconstitutional cross-dressing laws. Synthesizing the two bodies of case law, Levi and Redman offer a new way forward for transgender advocates seeking bathroom equality.
Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio
Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio
Seattle University Law Review
This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends …
Obesity And Unhealthy Consumption: The Public-Policy Case For Placing A Federal Sin Tax On Sugary Beverages, Jonathan Cummings
Obesity And Unhealthy Consumption: The Public-Policy Case For Placing A Federal Sin Tax On Sugary Beverages, Jonathan Cummings
Seattle University Law Review
A growing body of research has established an empirical link between consumption of sugary beverages and numerous health problems. Yet, while few people disagree that reduced consumption of sugary beverages is a desirable goal for American society, many people disagree about how to reduce it. This Comment argues that a proposed sin tax on sugary beverages is sound policy, and Congress should implement the tax in order to combat and address the obesity epidemic because (1) consumers are subject to cognitive and informational defects that affect consumers’ abilities to make the best welfare-generating decisions, and (2) sugary-beverage consumption causes healthcare-related …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Challenges For Directors In Piloting Through State And Federal Standards In The Maelstrom Of Risk Management, Chief Justice E. Norman Veasey
The Challenges For Directors In Piloting Through State And Federal Standards In The Maelstrom Of Risk Management, Chief Justice E. Norman Veasey
Seattle University Law Review
In the 2010 Berle Center Directors’ Academy Keynote Address, Chief Justice Veasey addresses “the federal and state contexts relating to the corporate-governance focus on business risk and the expectations laid at the doorstep of directors and officers of U.S. public companies.” Specifically, Chief Justice Veasey looks “at the governance landscape through both a federal regulatory lens and a state judicial lens as it relates to risk assessment and risk management.”
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell
Physical-Strength Rationales For De Jure Exclusion Of Women From Military Combat Positions, Maia Goodell
Seattle University Law Review
Women have been serving in the military in steadily increasing numbers for decades. Nevertheless, the military remains one of the few areas in which the U.S. government decides what roles are open to women based on de jure exclusions. This Article examines the law governing de jure classification, noting that a mere normative belief about women’s proper place in society is an insufficient basis to justify a sex-based exclusion. It then probes the most common rationale advanced in support of the continued de jure exclusion of women: physical strength. The Article examines four problems with the physical strength rationale: (1) …
True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski
True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski
Seattle University Law Review
As lifelong learners, we all know the feelings of discomfort and bewilderment that can come from being asked to apply existing skills in a completely new situation. As legal educators, we have also experienced the frustration that comes from watching our students struggle to identify and transfer skills from one learning environment to another. For example, a first-semester law student who learns to analogize case law to a fact pattern in a legal writing problem typically will not see the deeper applications for those skills in a law school essay exam several weeks later. Similarly, when law students learn how …
Law Clerks Gone Wild, Parker B. Potter, Jr.
Law Clerks Gone Wild, Parker B. Potter, Jr.
Seattle University Law Review
This Article grows out of my delight in seeing fellow law clerks break through the paper curtain and onto the pages of the Federal Reporter, the Federal Supplement, or some other compendium of judicial opinions. While my fascination with law clerks as the subjects rather than the instruments of judicial writing is probably not universal, I have selected the opinions I discuss in this Article with an eye toward entertaining—and maybe even instructing, if only slightly—the clerkigentsia and the judiciary. So, with that audience in mind, I set off in search of law clerks who had gone wild …
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, And Vietnamese American Bar Association Of Washington, Lorraine K. Bannai, Counsel For Amici Curiae
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, And Vietnamese American Bar Association Of Washington, Lorraine K. Bannai, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Civil Rights Amicus Brief Project
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Seattle University Law Review
In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset …
Matters Of Preference: Tracing The Line Between Citizens, Democratic States, And International Law, Mark A. Chinen
Matters Of Preference: Tracing The Line Between Citizens, Democratic States, And International Law, Mark A. Chinen
Mark A. Chinen
In this Article, we assess the role the aggregation of citizen preferences into the foreign policy choices of a democratic country might play in the legitimization of international law. After addressing some of the theoretical and empirical issues associated with such an approach, we use an anticipated reaction model developed by Michael Bailey to show that even in large democracies there are mechanisms through which citizen preferences can be and are reflected in the policy choices of their representatives. Incumbents and candidates for office take policy positions in hopes of maximizing their future election chances. Although policymakers each have their …
Individuals And Community, Discipline Building And Disciplinary Values: The First Twenty-Five Years Of The Legal Writing Institute, Chris Rideout
Individuals And Community, Discipline Building And Disciplinary Values: The First Twenty-Five Years Of The Legal Writing Institute, Chris Rideout
Faculty Articles
In this article Professor Rideout is the speaker at the Luncheon Speech during the Symposium “The Legal Writing Institute: Celebrating 25 Years of Teaching & Scholarship”. Professor Rideout examines what the faculty and community in legal writing has been doing in the last twenty-five years that renders legal writing a discipline. Professor Rideout explains that in their work in legal writing, along with creating a community, faculty are also creating a discipline—one that has its own practices and that has its own embedded epistemologies, ideologies, and values. The underlying values constitute the legal writing community as a discipline—of legal writing—one …
Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff
Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff
Faculty Articles
In "Lifting Burdens: Proof, Social Justice, and Public Assistance Administrative Hearings," Lisa Brodoff describes the administrative hearing system for public assistance recipients and applicants, and asserts that it is the primary social justice system for the poor. She discusses why public assistance appellants are always placed at a significant disadvantage in this system. The article proposes that the best way to even out the inequities in adjudications is to always place the burdens of production and persuasion by clear and convincing evidence on the government in these hearings. She argues that policy, efficiency, and fairness require a consistent and heavy …
Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado
Rodrigo's Portent: California And The Coming Neocolonial Order, Richard Delgado
Faculty Articles
No abstract provided.
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Seattle University Law Review
On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”
One Is The Loneliest Number: The Single Taxpayer In A Joint Return World, Lily Kahng
One Is The Loneliest Number: The Single Taxpayer In A Joint Return World, Lily Kahng
Faculty Articles
The United States is one of the few developed countries to retain the joint income tax return, available for heterosexual married couples only. Since its adoption in 1948, its underlying assumptions have been challenged on many valid grounds, and yet it remains firmly embedded in mainstream political and policy discourse. In recent years, most of the debate surrounding the joint return has focused on reducing marriage penalties, bonuses, and determining who among the universe of couples ought to be extended the benefit of the marriage bonuses. The treatment of single people has received almost no attention. The scant attention paid …
Law Of Geography And The Geography Of Law: A Post-Colonial Mapping, Tayyab Mahmud
Law Of Geography And The Geography Of Law: A Post-Colonial Mapping, Tayyab Mahmud
Faculty Articles
This article examines the relationship between law and geography through the prisms of colonialism and neoliberal Empire. Using two novels set in nineteenth and twenty-first century India, respectively, it evaluates the so-called first law of geography, namely that "everything is related to everything else, but near things are more related than distant things." It argues that the formative and enduring relationship between global systems of domination and modern law has created a geolegal space that has a global dimension. This geolegal space creates norms and subjectivities that are intimately related to spatially distant forces and projects. Emergence and consolidation of …
Slums, Slumdogs, And Resistance, Tayyab Mahmud
Discipline-Building And Disciplinary Values: Thoughts On Legal Writing At Year Twenty-Five Of The Legal Writing Institute, J. Christopher Rideout
Discipline-Building And Disciplinary Values: Thoughts On Legal Writing At Year Twenty-Five Of The Legal Writing Institute, J. Christopher Rideout
Faculty Articles
No abstract provided.
Tributes To Mary S. Lawrence, Chris Rideout
Be Professional!, Dean Spade
Be Professional!, Dean Spade
Faculty Articles
In 2010, the Harvard Journal of Law and Gender published a series of letters between Adrienne Davis and Bob Chang entitled, "Making Up Is Hard to Do: Race/Gender/Sexual Orientation in the Law School Classroom," along with three response pieces by Adele Morrison, Darren Rosenblum and Dean Spade. "Be Professional!" is written in letter form like "Making Up Is Hard to Do" and discusses Spade's experience becoming and being a trans law professor, as well as broader questions about activism, academia, professionalism and the neo-liberal academy.
Asian Americans And The Road To The White House: Musings On Being Invisible, Robert S. Chang
Asian Americans And The Road To The White House: Musings On Being Invisible, Robert S. Chang
Faculty Articles
In October 1993, the Asian Law Journal published its inaugural issue, featuring its first article entitled "Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space." I ASIAN L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law Journal) launched only the second law journal in the United States dedicated to Asian American Jurisprudence. The author of this landmark article is none other than Professor Robert S. Chang, one of the most recognized figures in Asian American Jurisprudence and Critical Race Theory. To celebrate the fifteen years since the publication of …
Planning For Alzheimer's Disease With Mental Health Advance Directives, Lisa Ellen Brodoff
Planning For Alzheimer's Disease With Mental Health Advance Directives, Lisa Ellen Brodoff
Faculty Articles
Mental Health Advance Directives (MHAD) have long been used for life planning in the context of debilitating mental conditions such as dementia and schizophrenia. As early detection and diagnosis of Alzheimer's disease has become increasingly more possible, Professor Brodoff argues in this Article that MHADs can be an extremely effective tool for planning for a future with Alzheimer's disease. Professor Brodoff suggests that all attorneys who assist clients with estate planning create a MHAD, particularly those clients who have been diagnosed with Alzheimer's disease and those with the disease in their families. The MHAD is designed to aid caregivers and …
Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James Puckett
Rethinking Tax Priorities: Marriage Neutrality, Children, And Contemporary Families, James Puckett
Faculty Articles
Tax scholarship has long struggled with whether married taxpayers should be taxed differently from unmarried taxpayers. Currently, married taxpayers are subject to different tax rates than unmarried taxpayers, and may file a joint tax return. A married couple may pay a higher or lower amount of tax than an unmarried couple with the same total income, and a single person generally pays more tax on a given income than a married couple with a single earner with the same income. These outcomes are difficult to reconcile with a commitment to income tax progressivity, which in theory requires that higher incomes …
Methademic: Drug Panic In An Age Of Ambivalence, Deborah Ahrens
Methademic: Drug Panic In An Age Of Ambivalence, Deborah Ahrens
Faculty Articles
The story of criminal sanctions in modern America is a familiar-and depressing narrative. According to the narrative, we live in an era where the dynamics of popular politics, the practices of the media, and the (often racialized) anxieties of modern life combine to create a one-way ratchet, in which we identify perceived new threats to public order and respond unthinkingly with harsh new criminal sanctions. On the surface, the wave of concern over methamphetamine that swept the nation in the middle part of this decade followed this script, as a media panic led to substantial popular concern and significant new …
Truth Or Consequences: Self-Incriminating Statements And Informant Veracity, Mary Nicol Bowman
Truth Or Consequences: Self-Incriminating Statements And Informant Veracity, Mary Nicol Bowman
Faculty Articles
Courts treat self-incriminating statements by criminal informants as a significant factor favoring the reliability of the informant’s information when making probable cause determinations for the issuance of search warrants. Courts do so even though admissions of criminal activity usually undercut, rather than support, credibility. In using self-incriminating statements to support the informant’s reliability, courts tend to rely on a theory with significant theoretical flaws. Furthermore, recent United States Supreme Court jurisprudence in other contexts undercuts the reliability of using self-incriminating statements to support the veracity of other information. If courts adequately scrutinize the informant’s self-incriminating statements and the circumstances surrounding …