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University of Washington School of Law

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Docket Entry 5139 - Plaintiffs' Response To Defendants' Proposed Pre-Trial Schedule Re: Hatchery Fish Issue (Phase Ii) Oct 1978

Docket Entry 5139 - Plaintiffs' Response To Defendants' Proposed Pre-Trial Schedule Re: Hatchery Fish Issue (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Brief In Opposition For Respondent Indian Tribes - Washington V. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979)) Sep 1978

Brief In Opposition For Respondent Indian Tribes - Washington V. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.


Docket Entry 3908 - Joinder And Appearance Of The Upper Skagit And Suquamish Indian Tribes In Phase Ii Dec 1977

Docket Entry 3908 - Joinder And Appearance Of The Upper Skagit And Suquamish Indian Tribes In Phase Ii

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett Dec 1977

Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett

Washington Law Review

No abstract provided.


The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe Dec 1977

The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe

Washington Law Review

In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …


Docket Entry 3584 - Memorandum In Support Of Motion To Compel Answers To Plaintiffs Second Set Of Interrogatories (Phase Ii) Oct 1977

Docket Entry 3584 - Memorandum In Support Of Motion To Compel Answers To Plaintiffs Second Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3583 - Motion To Compel Answers To Plaintiffs Second Set Of Interrogatories (Phase Ii) Oct 1977

Docket Entry 3583 - Motion To Compel Answers To Plaintiffs Second Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Conflict Of Interest, Robert H. Aronson Oct 1977

Conflict Of Interest, Robert H. Aronson

Washington Law Review

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …


Docket Entry 3418 - Phase Ii Pretrial Hearing Transcript (July 11, 1977) Sep 1977

Docket Entry 3418 - Phase Ii Pretrial Hearing Transcript (July 11, 1977)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3266 - Plaintiffs' Answer To Request For Discovery: Defendant's First Set Of Interrogatories (Phase Ii) Aug 1977

Docket Entry 3266 - Plaintiffs' Answer To Request For Discovery: Defendant's First Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3238 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii) Aug 1977

Docket Entry 3238 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3235 - Plaintiff' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii) Aug 1977

Docket Entry 3235 - Plaintiff' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3236 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii) Aug 1977

Docket Entry 3236 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3237 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii) Aug 1977

Docket Entry 3237 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Docket Entry 3239 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii) Aug 1977

Docket Entry 3239 - Plaintiffs' Answer To Request For Discovery: Defendants' First Set Of Interrogatories (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins Jun 1977

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Articles

This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …


Legal Ethics And The Government Lawyer, Eric Schnapper Jan 1977

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …


Conflict Of Interest, Robert H. Aronson Jan 1977

Conflict Of Interest, Robert H. Aronson

Articles

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …


Docket Entry 2623 - Supplemental Complaint For Declaratory Judgment (Phase Ii) Nov 1976

Docket Entry 2623 - Supplemental Complaint For Declaratory Judgment (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Attorneys' Fees—Public Interest Law—Beyond Alyeska: Creating A Workable Private Attorney General Exception—Alyeska Pipeline Service Co. V. Wilderness Society, 421 U.S. 240 (1975), Stephen M. Todd Oct 1976

Attorneys' Fees—Public Interest Law—Beyond Alyeska: Creating A Workable Private Attorney General Exception—Alyeska Pipeline Service Co. V. Wilderness Society, 421 U.S. 240 (1975), Stephen M. Todd

Washington Law Review

Following a successful appeal in litigation undertaken in the public interest, plaintiffs Wilderness Society and others requested an award of attorneys' fees. The Court of Appeals for the District of Columbia Circuit adopted the "private attorney general" exception to the American rule which bars fee shifting and authorized an award against codefendant Alyeska Pipeline Service Company of one-half of the reasonable value of the legal services utilized by plaintiffs. On certiorari, the Supreme Court reversed. Held: Absent congressional authorization, federal courts lack the equity power to award attorneys' fees to a private litigant for the vindication of a statutory right. …


The New Dimensions Of Constitutional Adjudication, Archibald Cox Oct 1976

The New Dimensions Of Constitutional Adjudication, Archibald Cox

Washington Law Review

The new dimensions to which my title refers are of a different order; they are not substantive but institutional. That the Supreme Court has always played a partly political role—that it has always made a certain amount of public policy in some areas under the guise of interpreting the Constitution—is all too obvious. That it has usually felt partly bound by "law" is equally obvious to anyone who understands the self-discipline of the legal method. The question of emphasis always remains. How large or small is—or should be—the political element in judicial decisions? There also remains a second question. How …


Docket Entry 2352 - Amended And Supplemental Complaint For Declaratory Judgment (Phase Ii) Aug 1976

Docket Entry 2352 - Amended And Supplemental Complaint For Declaratory Judgment (Phase Ii)

Dockets & Filings: U.S. v. Washington (70-cv-9213)

No abstract provided.


Washington Jails: A Legislative Failure, Bob Free Jul 1976

Washington Jails: A Legislative Failure, Bob Free

Washington Law Review

This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.


Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis Jul 1976

Juvenile Court: The Legal Process As A Rehabilitative Tool, Bobbe Jean Ellis

Washington Law Review

The author's study, reported in this comment, had two objectives. First, it attempted to determine whether a juvenile's experience with the traditional sociological model or with the legal due process model is more likely to motivate him to feel positively toward the legal system. Second, this study attempted to measure the attitudes of the professionals in the juvenile system (judges, attorneys, and caseworkers) toward the two models. The results of the study, although not all were statistically significant, indicated that although the professionals favored the traditional sociological model, the use of the legal-due process model was more likely to result …


Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert Jul 1976

Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert

Washington Law Review

The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …


Professional Responsibility: Education And Enforcement, Robert H. Aronson Mar 1976

Professional Responsibility: Education And Enforcement, Robert H. Aronson

Washington Law Review

The failure of the Bar to regulate effectively the ethical conduct of its members is not solely the failure of law school teaching methodology. A much more serious deficiency-and one far more difficult to resolve—concerns the way lawyers perceive and attempt to enforce professional responsibility. Instead of providing an analytical framework which the individual lawyer can employ in considering problems arising in practice, the legal profession has chosen a series of ambiguous and only tangentially related rules which are often contradictory or misleading. Because these situation-oriented rules do not clearly encompass even a majority of the myriad factors potentially relevant …


Administrative Law—Shorelines Management—Judicial Review Of Shorelines Hearings Board Decisions—Department Of Ecology V. Ballard Elks Lodge No. 827, 84 Wn. 2d 551, 527 P.2d 1121 (1974), Glenna Spitzer Hall Mar 1976

Administrative Law—Shorelines Management—Judicial Review Of Shorelines Hearings Board Decisions—Department Of Ecology V. Ballard Elks Lodge No. 827, 84 Wn. 2d 551, 527 P.2d 1121 (1974), Glenna Spitzer Hall

Washington Law Review

Appellant, a fraternal lodge owning a parcel of real estate including tidelands on Shilshole Bay in Seattle, Washington, applied to the City for a substantial development permit pursuant to requirements of the Washington Shoreline Management Act (SMA). The initial application proposed an over-the-water lodge building, constructed entirely on filled tideland, exceeding the SMA's 35-foot height restriction. A second, modified application reduced the building's height, provided an easement for public access to the water's edge, and proposed construction of the lodge building over the water on pilings rather than on filled tidelands. The area selected for construction was one of relatively …


Professional Responsibility: Education And Enforcement, Robert H. Aronson Jan 1976

Professional Responsibility: Education And Enforcement, Robert H. Aronson

Articles

The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …


Brief Of Respondent Indian Tribes In Opposition To Petitions For Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit - Washington V. United States, Northwest Steelheaders Council Of Trout Unlimited V. United States, Washington Reef Net Owners Association V. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976)) Nov 1975

Brief Of Respondent Indian Tribes In Opposition To Petitions For Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit - Washington V. United States, Northwest Steelheaders Council Of Trout Unlimited V. United States, Washington Reef Net Owners Association V. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976))

Washington v. United States, Northwest Steelheaders Council of Trout Unlimited v. United States, Washington Reef Net Owners Association v. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976))

No abstract provided.


The University And Education About Law, Charles E. Odegaard Jun 1975

The University And Education About Law, Charles E. Odegaard

Washington Law Review

The thesis of this article is that law is too large and too important a subject to be left by the university to the law school. To say this is not to fault the law school which already carries a substantial segment of instructional responsibility, but rather to fault the university's total approach to the study of law and all its ramifications, both as a matter of rational study and as preparation for careers—note, I say careers—related to the study of law.