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Articles 1 - 30 of 167
Full-Text Articles in Law
An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird
Seattle Journal for Social Justice
No abstract provided.
Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross
Democracy And Renewed Distrust: Equal Protection And The Evolving Judicial Conception Of Politics, Bertrall L. Ross
Bertrall L Ross
Judicial interpretations of the Equal Protection Clause have undergone a major transformation over the last fifty years. A Supreme Court once suspicious of the democratic losses of discrete and insular minorities, now closely scrutinizes their democratic victories. A Court once active in structuring the democratic process to be inclusive of racial and other minorities, now views minority representation in the political process as essentially irrelevant. A Court once deferential to exercises of congressional power that enhanced the equal protection rights of minorities, now gives Congress much less leeway.
What explains these shifts? An easy explanation is that the Supreme Court …
Presumed Guilty, Terrence Cain
Presumed Guilty, Terrence Cain
Faculty Scholarship
It would probably surprise the average American to learn that prosecutors need only prove guilt beyond a reasonable doubt sometimes. Although the Due Process Clauses of the Constitution require that the government prove each element of an alleged criminal offense beyond a reasonable doubt, the use of statutory presumptions has relieved the government of this responsibility, and in some cases, has even shifted the burden to the defendant to disprove the presumption. Likewise, the Sixth Amendment grants a criminal defendant the right to have the jury and the jury alone determine whether the government has met its burden and ultimately …
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes
Robert Rodes
No abstract provided.
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
Seattle University Law Review
The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Preemption By Fiat: The Department Of Labor's Usurpation Of Power Over Noncitizen Workers' Right To Unemployment Benefits, Irene Scharf
Irene Scharf
This Article starts with the premise that the right to unemployment insurance benefits is a property right protected by the Fifth and Fourteenth Amendments to the United States Constitution, which apply to noncitizen unemployment applicants as well as to United States citizens. Given this assumption, certain actions being taken by the United States Department of Labor ("DOL") violate both procedural and substantive due process as well as the Administrative Procedure Act ("APA"). The challenged actions involve the DOL's issuance of internally-created missives, termed Unemployment Insurance Program Letters ("Program Letters"), that purport to interpret the meaning of a requirement under federal …
Lost Fidelities, Barry Cushman
Unfinished Business: Protecting Voting Rights In The Twenty-First Century, Gilda R. Daniels
Unfinished Business: Protecting Voting Rights In The Twenty-First Century, Gilda R. Daniels
All Faculty Scholarship
While minorities have experienced great progress because of the Voting Rights Act, particularly section 5 of the Act, the work to achieve an electoral process free of discrimination remains unfinished. In Shelby County v. Holder, the Supreme Court struck down section 4 of the Act, which provided the coverage formula through which section 5 was implemented. Without section 4, there is no section 5. The historical and contemporaneous discrimination that minorities in states formerly covered under section 5 continue to face is substantial and outpaces that in noncovered states. Scholars cannot divorce the debate surrounding section 5’s constitutionality, which continues …
The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski
The Constraint Of Dignity: Lawrence V. Texas And Public Morality, Kristian R. Mukoski
Notre Dame Law Review
This Note will proceed in four parts. Part I will catalogue the jurisprudential and philosophical conflict over the legitimacy of morals legislation. Part II will examine the Supreme Court’s jurisprudence regarding reproductive and sexual liberty, noting the trend towards conflating liberty with autonomy that culminated in Lawrence v. Texas. Part III will closely scrutinize the characterization of liberty in Lawrence, demonstrating that it is restricted by associational and spatial limitations. Part IV will connect those limitations to the description of dignity Justice Kennedy employed in Lawrence and in other cases. This conception of dignity embodies substantive values concerning the appropriate …
Originalism And The Colorblind Constitution, Michael B. Rappaport
Originalism And The Colorblind Constitution, Michael B. Rappaport
Notre Dame Law Review
In this Article, I challenge the claim that the original meaning clearly allows the states to engage in affirmative action. I argue that the original meaning does not plainly establish that affirmative action by the states is constitutional. Instead, there is, at the least, a reasonable argument to be made that state government affirmative action is unconstitutional. In fact, based on the available evidence, I believe that the case for concluding that the Fourteenth Amendment’s original meaning prohibits affirmative action as to laws within its scope is stronger than the case for concluding that it allows affirmative action. I do …
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Introduction, Jacqueline Mcmurtrie
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
The Disincorporation Proclamation: Emancipating The Establishment Clause From The Fourteenth Amendment, Martin Wishnatsky
The Disincorporation Proclamation: Emancipating The Establishment Clause From The Fourteenth Amendment, Martin Wishnatsky
Martin Wishnatsky
No abstract provided.
Equilibrium, Adam Lamparello
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
David Ingram
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …