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Legislation

Seattle University Law Review

Washington

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Full-Text Articles in Torts

Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, Brian D. Hulse Jan 2023

Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, Brian D. Hulse

Seattle University Law Review

This Article deals with the issues that arise when Washington courts face the following scenario. One spouse enters into a contract without the joinder (and perhaps without the knowledge) of the other spouse. Both spouses are domiciled in Washington. The contract has contacts with one or more jurisdictions other than Washington and is generally governed as to validity and interpretation by the law of another jurisdiction. The contracting spouse defaults and the other party to the contract obtains a judgment on the contract. The court confronts a question about the property to which the plaintiff will have recourse to collect …


Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty Jan 2023

Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty

Seattle University Law Review

The summer of 2020 reignited a conversation about the relationship between race and policing in the United States. While many have taken the opportunity to scrutinize the racially discriminate components of our criminal justice system, comparable aspects of civil law must be equally scrutinized. A particular area of concern pertains to racially biased policing and the concept of “policing for profits” with Black, Indigenous, and people of color communities (BIPOC), which is accomplished mainly through civil asset forfeiture at a state and federal level.


The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry Jan 2023

The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry

Seattle University Law Review

If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …


Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley Jan 1980

Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley

Seattle University Law Review

This comment explores possible non-statutory sources of a title insurer's duty to search and disclose. After reviewing the historical background of title insurance and comparing it with other title assurance methods, this comment examines Washington case law, where the supreme court has failed to impose the duty. It then considers the need to impose and examines the theoretical bases of such a duty to search and disclose: whether it should lie in tort or in contract. Finally, this comment concludes that Washington courts should allow home buyers to sue title insurers for negligence in failing to reasonably search and disclose.


Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy Jan 1980

Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy

Seattle University Law Review

The current interest in statutory reform of product liability law presents a unique opportunity for the Washington Legislature to make some principled decisions in furtherance of the policies behind product liability law. The legislature, in deciding the future direction of product liability law in Washington, must look beyond polarized interests to policy considerations for guidance.