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Articles 421 - 450 of 455
Full-Text Articles in Entire DC Network
The Future Of Liberal Legal Scholarship, David Skover, Ronald Collins
The Future Of Liberal Legal Scholarship, David Skover, Ronald Collins
Faculty Articles
Earl Warren is dead. A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed. The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." The author’s present their views as a commentary to emphasize their preliminary character; they represent thier current assessment of where liberals stand and where they might redirect their energies. In Part I, they outline the reasons for believing that there …
Bulletin 1988-1989, Seattle University School Of Law
Automatic Consumer Protection Recovery Act For Lack Of Informed Consent: Quimby V. Fine, Dr. Carroll Rusk, Jr.
Automatic Consumer Protection Recovery Act For Lack Of Informed Consent: Quimby V. Fine, Dr. Carroll Rusk, Jr.
Seattle University Law Review
This Note will demonstrate the need to refine the entrepreneurial aspects test as it applies to medical professionals and suggest a rationale for identifying those lack-of-informed-consent actions to which the Consumer Protection Act rightfully applies. Specifically, this Note seeks to: 1) demonstrate that satisfaction of the statutory elements of a lack-of-informed-consent claim necessarily satisfies the five prongs of the Hangman private dispute test; 2) show that the additional requirement that the lack of informed consent "relate to the entrepreneurial aspects of the medical practice" has not been definitively interpreted, and that it may be unintelligible in context; 3) identify the …
Bulletin 1987-1988, Seattle University School Of Law
Modern Practice In The Indian Courts , Michael Taylor
Modern Practice In The Indian Courts , Michael Taylor
Seattle University Law Review
This Article is intended to provide a basic overview of Indian court jurisdiction and practice for those affected by the National Farmers Union Insurance Company v. Crow Tribe of Indians decision. Part II discusses, in detail, the National Farmers Union Insurance Company v. Crow Tribe of Indians holding. Part III is an overview of the history, structure, and types of Indian courts. Part IV deals with the complexities of jurisdiction, and Part V, constitutional and civil rights issues in Indian courts. Part VI summarizes the basics of Indian court practice and procedure.
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Seattle University Law Review
This Note will first analyze and evaluate two competing decision-making models established in other jurisdictions. The Note will then apply that analysis to Schuoler and critically evaluate that decision. The Note will conclude that while the Washington court follows the more appropriate judicial substituted judgment model, its poor articulation of that model may defeat the purpose of the decision: to protect a mental patient's right to refuse ECT.
The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill
The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill
Seattle University Law Review
The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …
Bulletin 1986-1987, Seattle University School Of Law
Six Years Of A Deanship: A Tribute, Eugene A. Wright
Six Years Of A Deanship: A Tribute, Eugene A. Wright
Seattle University Law Review
No abstract provided.
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
Seattle University Law Review
The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …
Bulletin 1985-1986, Seattle University School Of Law
Lawyer - Winter 1984, Seattle University School Of Law
Lawyer - Winter 1984, Seattle University School Of Law
Lawyer
• Law Center Dream: Today A Reality
• Book Review: The IRA Handbook: A Complete Guide
Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed
Ethical Considerations For The Justice Department When It Switches Sides During Litigation, Clifford Freed
Seattle University Law Review
This Comment briefly discusses the history of Washington v. Seattle School District No. 1, and then demonstrates the difficulties in applying the present ABA Code of Professional Responsibility to certain ethical questions that can arise when the government changes its allegiance in the midst of litigation. The ethical propriety of the Department of Justice's actions is examined, and alternatives are proposed for situations in which the United States, represented in court by the Justice Department, switches sides in the same case.
Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker
Attorney Fee Disgorgement As A Disciplinary Action, Lynn P. Barker
Seattle University Law Review
This Comment first explores reasons for the rare application of fee disgorgement as a disciplinary measure. It then examines the contexts under which courts deprive attorneys of their fees in both nondisciplinary and disciplinary proceedings. This Comment concludes that, in many cases, disgorgement of fees as a disciplinary action for attorney misconduct would most effectively protect the public, deter unethical conduct, and restore confidence in the legal profession.
Bulletin 1984-1985, Seattle University School Of Law
The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing
The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing
Faculty Articles
The political future may be difficult to predict with specificity, but surely the level of publicly-sponsored medical care for the poor will be severely reduced in the coming years, leaving millions of poor Americans to rely on the charitable capacity of the nation's health care providers-or simply to go without. What follows is an attempt to support this characterization of Medicaid and its political future. Section I of this article is a description of Medicaid, its structure prior to 1981, and the legal and political history of its development and implementation. In addition to providing the basis for understanding the …
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger
Faculty Articles
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.
Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith
Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith
Seattle University Law Review
This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct …
Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson
Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson
Seattle University Law Review
This paper will explore some aspects of legal educaton in the context of the Norton Clapp Law Center, a new mid-city law school complex. The innovations in this Center will bring certain educational hazards, many of which are at the center of recent pedagogical discussions about law schools. This paper attempts to identify these hazards and contemplate ways to forestall them. I will not explore these issues as either a lawyer, an economist, a sociological or anthropological analyst. Rather, my observations will be those of a working psychiatric clinician who is a long-time member of a law faculty, and who …
Bulletin 1981-1982, Seattle University School Of Law
Bulletin 1980-1981, Seattle University School Of Law
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Consumer Liability For Deficiencies In Washington, Edith R. Warkentine
Seattle University Law Review
This article focuses on a secured party's right to hold a debtor liable for a deficiency when resale of the goods does not satisfy the remaining obligation.
Bulletin 1979-1980, Seattle University School Of Law
Status Of Student Practice Rules People V. Perez—An Initial Look At The Sixth Amendment, Catherine Walker
Status Of Student Practice Rules People V. Perez—An Initial Look At The Sixth Amendment, Catherine Walker
Seattle University Law Review
Despite the advent of the limited practice of law by law students as early as 1957, a California Court of Appeals in 1978 became the first court to examine the sixth amendment status of student representation in state criminal prosecutions. In People v. Perez, a California appellate court concluded that a lawyer-supervised law student, certified for limited practice by the California Student Practice Rules, is per se ineffective counsel in felony trials. Ostensibly to protect the defendant's right to effective counsel, Perez struck down the student practice rules without considering the proper function of certification in sixth amendment analysis. Moreover, …
The Collateral Source Rule: Double Recovery And Indifference To Societal Interests In The Law Of Tort Damages, William A. Olson
The Collateral Source Rule: Double Recovery And Indifference To Societal Interests In The Law Of Tort Damages, William A. Olson
Seattle University Law Review
This comment analyzes the present utility of the collateral source rule and finds the rule unjustified as a means of ensuring either punishment of the defendant or just compensation for the plaintiff. It further examines the efficacy of subrogation in eliminating the collateral source rule's vice of double recovery. The comment concludes that legislative reform abolishing the collateral source rule and subrogation in medical malpractice suits should extend to all tort actions for personal injury, thereby entirely eliminating double recovery and the consequent higher societal costs in insurance premiums, taxes, and prices.
Bulletin 1977-1978, Seattle University School Of Law
National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider
National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider
Faculty Articles
The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …
Catalog 1975-1976, Seattle University School Of Law
Representation Of Clients In Matters Relating To Hospital Bills, Ken Wing, S. Axelrad, P. A. Butler
Representation Of Clients In Matters Relating To Hospital Bills, Ken Wing, S. Axelrad, P. A. Butler
Faculty Articles
This article is designed to acquaint Legal Services attorneys with a range of government health programs for which their clients may be eligible, and a number of legal theories that may impose a duty to provide care on public or private medical care institutions. The primary objective is to provide background material to assist the attorney in getting medical bills paid or defending a collection action. The article also includes a discussion of legal duties to provide care that will be useful in advising clients and consumer groups of their rights and of the programs and services that should be …
Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman
Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman
Faculty Articles
Even in areas where legal representation has become available to the poor through the efforts of Legal Services programs, there is still one group that is almost universally denied representation: those confined under the various forms of civil commitment and patients in mental health institutions. Almost by definition in need of legal counsel and predictably indigent, they are faced with interpersonal and institutional barriers that further reduce their chances to obtain representation. It is the position of the National Health Law Program that Legal Services programs throughout the country should focus some of their attention towards this portion of their …