Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, 2020 Seattle University School of Law
Washington’S Young Offenders: O’Dell Demands A Change To Sentencing Guidelines, Erika Vranizan
Seattle University Law Review
This Note argues that the O’Dell decision was a watershed moment for criminal justice reform. It argues that the reasoning in O’Dell should be seized upon by the legislature to take action to remediate instances in which defendants are legal adults but do not possess the cognitive characteristics of an adult sufficient to justify adult punishment. Given both the scientific impossibility of identifying a precise age at which characteristics of youthfulness end and adulthood begins and the Court’s repeated recognition that these very factors impact culpability, the current approach to sentencing young offenders aged eighteen to twenty-five as adults simply …
Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, 2020 Seattle University School of Law
Tiptoeing Through The Landmines: The Evolution Of States’ Legal Ethics Authority Regarding Representing Cannabis Clients, Karen E. Boxx
Seattle University Law Review
Despite the continued federal classification of cannabis as an illegal drug, states have legalized the possession, use, production, and sale of cannabis. In order to do so, the states have created complex regulatory schemes to control and monitor the cannabis industry and satisfy the federal government concerns, such as use by minors and organized crime involvement. First, this Article presents the ethical dilemma of cannabis lawyering. Second, this Article describes the history, evolution, and current status of the various states’ pronouncements on a lawyer’s ethical duties with respect to the business and use of cannabis that may be legal under …
Thin Separability: An Answer To Star Athletica, 2020 Seattle University School of Law
Thin Separability: An Answer To Star Athletica, Angelo Marchesini
Seattle University Law Review
Courts have consistently struggled to adopt a test that appropriately interprets the Copyright Act’s language protecting works of art incorporated into useful articles. The analysis that allows protections of these works of art is called “separability,” and it has been an ambiguous area of copyright law since its inception. In essence, this analysis gives copyright protection to a work of art incorporated into a useful article as long as the work of art is “separate” from the utilitarian aspects of the useful article. The Supreme Court was positioned to end the uncertainty surrounding the separability analysis in its recent decision, …
In Memory Of Professor James E. Bond, 2020 Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Title Ix Beyond School Lines: The Proposed Regulations That Will Limit Colleges And Universities’ Jurisdictional Scope Of Responsibility, 2020 Candidate for Juris Doctor, Roger Williams University School of Law 2021.
Title Ix Beyond School Lines: The Proposed Regulations That Will Limit Colleges And Universities’ Jurisdictional Scope Of Responsibility, Rachel Dunham
Roger Williams University Law Review
No abstract provided.
Comparative Method And International Litigation 2020, 2020 University of Pittsburgh School of Law
Comparative Method And International Litigation 2020, Ronald A. Brand
Articles
In this article, resulting from a presentation at the 2019 Annual Meeting of the American Society of Comparative Law, I apply comparative method to international litigation. I do so from the perspective of a U.S.-trained lawyer who has been involved for over 25 years in the negotiations that produced both the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Convention on the Recognition and Enforcement of Judgments in Civil or Commercial Matters. The law of jurisdiction and judgments recognition is probably most often taught in a litigation context. Nonetheless, that law has as much or more …
Pushing The Envelope: Salzberg V. Sciabacucchi And Delaware's Evolving View Of The Internal Affairs Doctrine, 2020 University of Colorado Law School
Pushing The Envelope: Salzberg V. Sciabacucchi And Delaware's Evolving View Of The Internal Affairs Doctrine, Mark J. Loewenstein
Publications
In January, 2020, the Delaware Supreme Court handed down its decision in Salzberg v. Sciabacucchi, upholding a provision in a certificate of incorporation that designated the federal courts as the exclusive jurisdiction for the litigation of claims under the federal Securities Act of 1933. The inclusion of these provisions in Delaware charters and bylaws – often referred to as “Federal Forum Provisions” or FFPs – raised important questions as to the reach of the internal affairs doctrine. This doctrine provides that the jurisdiction of incorporation regulates the internal affairs of its corporations: the relationship among and between the corporate …
Snap Removal: Concept; Cause; Cacophony; And Cure, 2020 University of Nevada, Las Vegas -- William S. Boyd School of Law
Snap Removal: Concept; Cause; Cacophony; And Cure, Jeffrey W. Stempel, Thomas O. Main, David Mcclure
Scholarly Works
So-called “snap removal” – removal of a case from state to federal court prior to service on a forum state defendant – has divided federal trial courts for 20 years. Recently, panels of the Second, Third and Fifth Circuits have sided with those supporting the tactic even though it conflicts with the general prohibition on removal when the case includes a forum state defendant, a situation historically viewed as eliminating the need to protect the outsider defendant from possible state court hostility.
Consistent with the public policy underlying diversity jurisdiction – availability of a federal forum to protect against defending …
Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Reign Of Error: District Courts Misreading The Supreme Court Over Rooker–Feldman Analysis, 2020 Duke Law School
Reign Of Error: District Courts Misreading The Supreme Court Over Rooker–Feldman Analysis, Thomas D. Rowe Jr., Edward L. Baskauskas
Faculty Scholarship
Seventeen decisions in nine U.S. district courts from 2006 through 2019 have taken a demonstrably misgrounded starting point for Rooker–Feldman analysis. The cases have read language from a 2006 Supreme Court opinion, in which the Court quoted criteria stated by the lower court, as their guideline. But the Court summarily vacated the lower court’s judgment, and it had previously articulated, and has repeated, different criteria for federal courts to follow. The district-court decisions all appear to have reached correct results, but the mistake about criteria should be recognized and avoided as soon as possible before it creates potential mischief. And …
Federal Forum Provisions And The Internal Affairs Doctrine, 2020 Duke Law School
Federal Forum Provisions And The Internal Affairs Doctrine, Dhruv Aggarwal, Albert H. Choi, Ofer Eldar
Faculty Scholarship
A key question at the intersection of state and federal law is whether corporations can use their charters or bylaws to restrict securities litigation to federal court. In December 2018, the Delaware Chancery Court answered this question in the negative in the landmark decision Sciabacucchi v. Salzberg. The court invalidated “federal forum provisions” (“FFPs”) that allow companies to select federal district courts as the exclusive venue for claims brought under the Securities Act of 1933 (“1933 Act”). The decision held that the internal affairs doctrine, which is the bedrock of U.S. corporate law, does not permit charter and bylaw provisions …
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, 2020 Loyola Marymount University and Loyola Law School
Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford
Loyola of Los Angeles International and Comparative Law Review
Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …
"Spain For The Spaniards": An Examination Of The Plunder & Polemic Restitution Of The Salamanca Papers, 2020 California Western School of Law
"Spain For The Spaniards": An Examination Of The Plunder & Polemic Restitution Of The Salamanca Papers, Emily T. Behzadi
Faculty Scholarship
Throughout the Spanish Civil War, General Francisco Franco assembled numerous task forces to seize thousands of documents, photographs, prints, and artworks from private citizens and institutions that were politically adverse to his totalitarian regime. The majority of these so-called “Salamanca Papers” were taken from Catalonia, an autonomous community with a particularly contentious history with the Spanish government. Under existing principles of Spanish and international law, it is difficult to determine whether the Spanish State or Catalonia are the bona fide owners of this historical archive. The case over the ownership of the Salamanca Papers is one rarely discussed outside of …
Innovating Federalism In The Life Sciences, 2020 William & Mary Law School
Innovating Federalism In The Life Sciences, Myrisha S. Lewis
Faculty Publications
This Article challenges the view that the US. Food and Drug Administration (FDA) has exclusive Jurisdiction over life sciences innovations. Many current and forthcoming life sciences innovations are "innovative therapies" such as gene editing, gene therapy, and regenerative stem cell treatments, which are actually "hybrids" of state and federal Jurisdiction. Thus, both state and federal Jurisdiction coexist: federal Jurisdiction exists to the extent that these medical innovations use drugs or biologics, but state Jurisdiction exists to the extent that these innovations are procedures regulated by states as the practice of medicine.
This Article argues that the regulation of numerous current …
Legitimate Interpretation – Or Legitimate Adjudication?, 2020 Columbia Law School
Legitimate Interpretation – Or Legitimate Adjudication?, Thomas W. Merrill
Faculty Scholarship
Current debate about the legitimacy of lawmaking by courts focuses on what constitutes legitimate interpretation. The debate has reached an impasse in that originalism and textualism appear to have the stronger case as a matter of theory while living constitutionalism and dynamic interpretation provide much account of actual practice. This Article argues that if we refocus the debate by asking what constitutes legitimate adjudication, as determined by the social practice of the parties and their lawyers who take part in adjudication, it is possible to develop an account of legitimacy that produces a much better fit between theory and practice. …
The Implications Of Federalism For The Regulation Of Federal Government Lawyers, 2020 Schulich School of Law, Dalhousie University
The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin
Dalhousie Law Journal
The implications of Canadian federalism for the regulation of lawyers for the federal government are largely overlooked in the literature and case law. This article argues that employees of the federal government can practice law without being licensed by the corresponding provincial law society (or any law society). However, if they happen to be licensed by a law society, they can be disciplined by that law society—unless and until Parliament adopts legislation immunizing them from law society discipline. The article also considers the possibility that Parliament could create a separate bar for federal government lawyers. It concludes that some form …
Diploma Privilege And The Constitution, 2020 Touro Law Center
Diploma Privilege And The Constitution, Patricia E. Salkin, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Meritt, Judith Wegner, Andrea Curcio
Scholarly Works
The COVID-19 pandemic and resulting shutdowns are affecting every aspect of society. The legal profession and the justice system have been profoundly disrupted at precisely the time when there is an unprecedented need for legal services to deal with a host of legal issues generated by the pandemic, including disaster relief, health law, insurance, labor law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great but the prospect of licensing new lawyers is challenging due to the serious health consequences of administering the bar examination during the pandemic.
State Supreme Courts are …
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, 2019 Brooklyn Law School
Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy
Brooklyn Journal of International Law
The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …
Film Review: Operation Finale, 2019 University of Western Australia
Film Review: Operation Finale, Melanie O'Brien
Genocide Studies and Prevention: An International Journal
In 1960, the Israeli intelligence agency, Mossad, undertook an operation in Argentina to capture the architect of the Final Solution, Adolf Eichmann, and bring him to Israel to stand trial. Operation Finale [Chris Weitz, 2018] tells the story of this intelligence operation: the actions of and challenges for the agents involved, in a way that captures the banality of Eichmann’s personality before it was put on show for the world to see in his televised trial. Operation Finale is available on Netflix, rendering it a Holocaust film with an extraordinarily large reach.
The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, 2019 Pepperdine University
The Need For A Central Panel Approach To Administrative Adjudication: Pros, Cons, And Selected Practices, Malcolm C. Rich, Alison C. Goldstein
Journal of the National Association of Administrative Law Judiciary
The goal of this report is to document the growth of the central panel movement that has now emerged in a majority of states. This research is designed to provide data-informed recommendations to states and municipalities considering the adoption of a central panel system or the enlargement of the jurisdiction encompassed by an existing central panel as well as to states considering the adoption of a more final decision-making authority for their central panel ALJs. The work is also intended to inform the debate over whether the central panel approach is something that the federal government should consider. This research …