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Articles 391 - 420 of 455
Full-Text Articles in Entire DC Network
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Seattle University Law Review
This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Faculty Articles
Undergraduate institutions, on their own and in partnership with law schools, can and should play a more significant role in expanding the pool of law school applicants from non-traditional backgrounds. The Law and Diversity Program at Western Washington University was conceived out of this desire to prepare non-traditional students for the study of law and thereby help bring more diversity to the legal profession. This article discusses the model used by the Law and Diversity Program to prepare non-traditional students for law school and the program's success in accomplishing its goals. It was the hope of the author to create …
Bulletin 1997-1998, Seattle University School Of Law
The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes
The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes
Seattle University Law Review
Section I summarizes the history and development of tort law in Washington, with an emphasis on the impact of the 1981 and 1986 Tort Reform Acts and their imperfect union. Section II outlines the traditional equitable remedies that are potentially available to a tortfeasor seeking reimbursement for having paid more than its share. Section III sets out the thesis and explains why under current law a tortfeasor's suit for reimbursement should be the exception, not the rule. The need, and the basis, for such litigation is dependent upon the existence of joint and several liability-which now occurs only infrequently.
Bulletin 1996-1997, Seattle University School Of Law
Begging The Federal Question: Removal Jurisdiction In Wrongful Discharge Cases, Michael D. Moberly
Begging The Federal Question: Removal Jurisdiction In Wrongful Discharge Cases, Michael D. Moberly
Seattle University Law Review
This Article analyzes the federal question jurisdiction issue in the context of state law claims for wrongful discharge in violation of public policy articulated in federal law. Part II of this Article contains a general discussion of the public policy exception to the employment at will rule. Part III discusses removal and federal question jurisdiction. Part IV analyzes cases relevant to the issue of federal question removal jurisdiction in the wrongful discharge context, including the United States Supreme Court's decisions in Merrell Dow Pharmaceuticals v. Thompson and Christianson v. Colt Industries Operating Corp. This Article concludes that a wrongful discharge …
Lawyer - Summer 1995, Seattle University School Of Law
Lawyer - Summer 1995, Seattle University School Of Law
Lawyer
• Planning for a New Law Building Begins
• Day In and Day Out These Dedicated Alums Work To Protect Many Who Can’t Protect Themselves
• In Clinics Tied to Classes Students Find Out What’s At Stake in Every Case
• Attorney-by-Day is Reining Champion By a Mile (by Kate Graham ’97)
The Professional Liability Crisis And The Need For Professional Limited Liability Companies: Washington's Model Approach, Bryan Smith
Seattle University Law Review
This Comment argues that every state should allow professionals to take advantage of LLC statutes, as Washington has done. Such action will provide protection for accountants and lawyers from the wave of litigation that has surfaced in recent times and to restore an element of confidence to these professions. This Comment further asserts that allowing professionals to use LLC statutes is not only consistent with the duties peculiar to the accounting and legal professions, but also a necessary step when viewed in light of the policies of fairness, efficiency, and public protection. Initially, Part II of this Comment describes the …
And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, B. Hollingsworth, P. Clark, R. Lidman
And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, B. Hollingsworth, P. Clark, R. Lidman
Faculty Articles
This is a story of change so sudden that it surprised even those who most fervently sought it. For nearly a decade, Seattle University School of Law has offered an extensive typical skills curriculum. All students are involved in an intensive two year writing program. The simulated Comprehensive Pretrial and Trial Advocacy Program trains over 150 students a year, while in the Law Practice Clinic, 60 students a year represent domestic and criminal clients. Course offerings that fill out the lawyering skills supports are offerings such as ADR, Negotiations, and Appellate Advocacy, along with judicial and public service externships and …
Bulletin 1995-1996, Seattle University School Of Law
Lawyer - Winter 1994, Seattle University School Of Law
Lawyer - Winter 1994, Seattle University School Of Law
Lawyer
• One of Our Own is One of a Kind and One of the Best (by Jennie Laird ’96)
• First law Graduates Awarded Seattle University Diplomas
Some Tips On Using Collaborative Exercises, Paula Lustbader
Some Tips On Using Collaborative Exercises, Paula Lustbader
Faculty Articles
This article outlines the teaching method of collaborative learning, which is apparently effective but difficult to properly administer. It provides teachers with a variety of ways to effectively employ this method.
Redefining The Sixth Amendment, John B. Mitchell
Redefining The Sixth Amendment, John B. Mitchell
Faculty Articles
This article compares public defenders in lower courts with public defenders in superior courts across the country. The article concludes that lower criminal courts suffer from problems of funding and resource allocation and that these issues must be addressed before they can adequately administer justice.
Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender
Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender
Faculty Articles
This article examines Oregon's UTPA with an eye toward legislative and judicial reforms that will strengthen its private cause of action and thereby facilitate private enforcement. First, the scope of the UTPA is examined. Next, private remedies authorized by the UTPA are critiqued. Finally, the role of the DOJ is reformulated in response to declining public resources and increased reliance on private enforcement.
Bulletin 1994-1995, Seattle University School Of Law
Lawyer - Spring 1993, Seattle University School Of Law
Lawyer - Spring 1993, Seattle University School Of Law
Lawyer
• Our Alums Bring a Lot of Experience and a Wealth of Community Good Works
• Work at GATT Is Fast-Paced and High-Stakes (by Gail Pruitt)
• Can Anyone Out There Top This For a Mother-In-Law Story? (by Geoffrey Watson)
• 1990 Act Spurs New Debate On Art in Public Places (by Bob Menanteaux)
Bulletin 1993-1994, Seattle University School Of Law
Lawyer - Summer 1992, Seattle University School Of Law
Lawyer - Summer 1992, Seattle University School Of Law
Lawyer
• Leadership of Washington Women Lawyers Comes from Our Own Law-Team Effort
• Family Law Virtuoso Directs Clients to Move On (by Gail Pruitt ’94)
• 20th Kick-Off Event Tosses Up Hot Issues in Legal Education
• New Laws Bring Sweeping Changes To the Labor and Employment Field
Bulletin 1992-1993, Seattle University School Of Law
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond
Seattle University Law Review
This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.
Lawyer - Spring 1991, Seattle University School Of Law
Lawyer - Spring 1991, Seattle University School Of Law
Lawyer
• Dean Bond Cites School’s Recent Achievements, Sets Forth Future Challenges
• The Changing Legal Profession
• Women in Law Celebrated
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye
Community Institution Building: A Response To The Limits Of Litigation In Addressing The Problem Of Homelessness, Ronald Slye
Faculty Articles
This article draws upon the experiences of the Jerome N. Frank Legal Services Organization at Yale Law School to argue that, while litigation has a place in addressing both the problem of homelessness and the problems of the homeless, it must be placed within a broader context and supplemented by other, non-litigious, legal activity. Using as an example a lawsuit brought on behalf of homeless families in Connecticut, this article makes four observations which support the conclusion that litigation, used alone, is an ineffective means of addressing the problem of homelessness.
Revitalizing Public Interest Lawyering In The 1990'S: The Story Of One Effort To Address The Problem Of Homelessness, Ronald Slye, Rebecca Arbogast, Roger L. Barnett, Leslie Kim Treiger
Revitalizing Public Interest Lawyering In The 1990'S: The Story Of One Effort To Address The Problem Of Homelessness, Ronald Slye, Rebecca Arbogast, Roger L. Barnett, Leslie Kim Treiger
Faculty Articles
Despite annual exhortations to graduating law students to accept the responsibilities as well as the benefits of entering the legal profession, the prognosis for public interest law in the 1990's is uncertain. There have been significant decreases in federal and private funding of public interest organizations, sweeping changes in the composition of the federal judiciary, and a decline in the matriculation of public interest lawyers due to the increasing salary gap between the private and public sector. Together these factors raise serious questions about the future effectiveness of the traditional model of the full-time public interest litigator and call for …
Bulletin 1991-1992, Seattle University School Of Law
Bulletin 1990-1991, Seattle University School Of Law
Lawyer - Fall 1989, Seattle University School Of Law
Lawyer - Fall 1989, Seattle University School Of Law
Lawyer
• Hiring Practices Discriminate Against Disabled
• Lawyers Provide Leadership for Top Academic Posts
• National Media Lauds Academics, Location, Tuition
• Walkover Influence Extends Far Beyond the Law Center (Dean Jim Bond)
• Beyond the Practice of Law: Graduates Pursue Careers in Nontraditional Fields, but Credit Legal Training for Their Success (by Barb Beatty ’88)
History Of The University Of Puget Sound School Of Law, Anita M. Steele
History Of The University Of Puget Sound School Of Law, Anita M. Steele
Seattle University Law Review
This essay presents the history of the University of Puget Sound School of Law. Founded in 1972, the law school is a relatively young institution, still in its teens. Its gestation period, however, extends back at least sixty years. As long ago as 1912, prominent Tacoma attorneys proposed to found a law school associated with the University of Puget Sound (UPS). In the ensuing years, officials at UPS periodically raised the issue of creating a law school. Various studies were undertaken, but it was not until the late 1960s that a school of law was considered again as seriously as …
Bulletin 1989-1990, Seattle University School Of Law
The Efficiency Of A Disgorgement As A Remedy For Breach Of Contract, Sidney Delong
The Efficiency Of A Disgorgement As A Remedy For Breach Of Contract, Sidney Delong
Faculty Articles
Economic analysis suggests that to give a contract promise a general remedy that would require a breaching promisor to disgorge any benefit of breach would hinder the efficient post-contractual reallocation of performance resources. This article explores certain situations in which disgorgement appears to be an efficient remedy for breach of contract, including cases in which the breaching party refuses to pay contract damages at the time of breach. A rule permitting promisees to recover as "prejudgment interest" the breacher's benefit from withholding payment of damages would, in theory, be efficient in allocating the risk of the breacher's credit worthiness to …
Back To The Future: Use Of Percentage Fee Arrangements In Common Fund Litigation, Bennet A. Mcconaughy
Back To The Future: Use Of Percentage Fee Arrangements In Common Fund Litigation, Bennet A. Mcconaughy
Seattle University Law Review
The premise of this Article is that common fund litigation will be most efficiently and beneficially prosecuted if attorney fees are awarded under a methodology that makes parallel the interests of counsel in the fee award and of the class in the recovery. The Article examines the historical uses of the percentage fee, the development of and problems with, hourly based methods of computing fees, and the renewed trend toward the use of percentage fee awards. It concludes that, unlike hourly based methodologies, percentage fee arrangements align the interests of counsel with the interests of both the class and the …