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1998

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Physiological And Cellular Level Responses Of Enteromorpha Spp. To Chemical And Thermal Stress, Stella Anne Lewis Jan 1998

Physiological And Cellular Level Responses Of Enteromorpha Spp. To Chemical And Thermal Stress, Stella Anne Lewis

School of Biological and Marine Sciences Theses

The aims of this project were to investigate the cellular stress response (CSR) in Enteromorpha spp. and assess the potential of the Stress-70 protein (an indicator of the CSR) as a biomarker of pollutant exposure and acquired tolerance in Enteromorpha spp., compared with conventional physiological endpoints of toxicity. Cross-reactivity of a commercial Stress-70 antibody with E. intestinalis proteins was determined and used to develop an assay for Stress-70. Using this assay E. intestinalis was found to exhibit a typical heat shock response. Stress-70 proved to be a relatively insensitive biomarker of copper exposure and did not appear to be involved …

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Volcanic Caves Of East Africa - An Overview, Jim W. Simons Jan 1998

Volcanic Caves Of East Africa - An Overview, Jim W. Simons

International Journal of Speleology

Numerous Tertiary to recent volcanoes are located in East Africa. Thus, much of the region is made up volcanic rock, which hosts the largest and greatest variety of East Africas caves. Exploration of volcanic caves has preoccupied members of Cave Exploration Group of East Africa (CEGEA) for the past 30 years. The various publications edited by CEGEA are in this respect a treasure troves of speleological information. In the present paper an overview on the most important volcanic caves and areas are shortly reported.

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A Practitioner's Perspective On The Tenure Of Chancellor William T. Allen, Jesse A. Finkelstein Jan 1998

A Practitioner's Perspective On The Tenure Of Chancellor William T. Allen, Jesse A. Finkelstein

Seattle University Law Review

This Essay is part of a tribute issue that was compiled in honor of William T. Allen, Chancellor of the Delaware Court of Chancery, after he announced his intention not to seek reappointment.

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Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton Jan 1998

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton

Seattle University Law Review

This Article focuses on the publication ban issued by Justice Kovacs in the Karla Homolka trial and the reaction to it as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty. The article concludes that the publication ban in this case, by …

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". . . Skepticism But Not Cynicism": Chancellor Allen's Scrutiny Of Special Committees, James C. Freund Jan 1998

". . . Skepticism But Not Cynicism": Chancellor Allen's Scrutiny Of Special Committees, James C. Freund

Seattle University Law Review

This Essay is part of a tribute issue that was compiled in honor of William T. Allen, Chancellor of the Delaware Court of Chancery, after he announced his intention not to seek reappointment.

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Chancellor Allen And The Fundamental Question, D. Gordon Smith Jan 1998

Chancellor Allen And The Fundamental Question, D. Gordon Smith

Seattle University Law Review

In this article, the author explains Chancellor Allen's expansive reputation by examining his ability to speak to what philosopher John Danley calls "the fundamental question": "What is the appropriate role of the modem corporation in a free society?" From the chartering of the first corporations in the United States to the present day, debate over the fundamental question has been rancorous. On one side of the debate stand those who believe that society is best served when corporations strive to maximize profits for the benefit of shareholders; on the other side stand those who believe that corporations should have some …

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What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson Jan 1998

What Ever Happened To The Appearance Of Fairness Doctrine? Local Land Use Decisions In An Age Of Statutory Process, W.T. Watterson

Seattle University Law Review

All states guarantee constitutional due process and fairness for both judicial and quasi-judicial proceedings. They differ, however, on the legal standard of fairness to apply to quasi-judicial proceedings. Many states rely on due process guarantees, that is, a proceeding which is fair in actual substance and procedure. Washington, however, has adopted more of the judicial standard for quasi-judicial actions, requiring "a hearing not only fair in substance, but fair in appearance as well." This "appearance of fairness doctrine" was originally developed within the context of local land use decisions. Later, it was applied to a broader spectrum of administrative proceedings. …

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What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell Jan 1998

What Is Outrageous Government Conduct? The Washington State Supreme Court Knows It When It Sees It: State V. Lively, Matthew V. Honeywell

Seattle University Law Review

For the first time ever, the Supreme Court of Washington in State v. Lively overturned a criminal conviction because of outrageous government conduct. This decision employed a rarely-used, and even more infrequently successful, defense to achieve an apparently just result. Indeed, courts and scholars disagree on whether the defense, based on the Due Process Clause of the U.S. Constitution, actually exists and, if it does, how it applies to the facts of a given case. The U.S. Supreme Court has neither expressly and conclusively acknowledged nor disavowed the defense and has never employed it to overturn a criminal conviction. The …

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Introduction, Maja Dagny Chaffe Jan 1998

Introduction, Maja Dagny Chaffe

Seattle University Law Review

Introduction to the annual Casebook Review issue.

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A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young Jan 1998

A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young

Seattle University Law Review

This Essay responds to a casebook review published in the previous annual Casebook Review issue.

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Methodology For Teaching Constitutional Law, Constance Frisby Fain Jan 1998

Methodology For Teaching Constitutional Law, Constance Frisby Fain

Seattle University Law Review

Teaching constitutional law concepts has become more exciting, interesting, and thorough by utilizing Barron, Dienes, McCormack, and Redish's Constitutional Law: Principles and Policy. The authors of this casebook are full professors of law who are distinguished experts in the field of constitutional law. Barron and Dienes are also coauthors of two study aid texts designed to supplement the casebook: a Nutshell Series outline and a Black Letter Series outline. These provide summaries of constitutional law intended to assist the student in recognizing and comprehending the principles and issues of law covered in this casebook and others. This Essay addresses …

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Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin Jan 1998

Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin

Seattle University Law Review

The author’s primary methods to teach Constitutional Law are problem solving and storytelling. He selected Farber, Eskridge, and Frickey’s Constitutional Law: Themes for the Constitution's Third Century and continues to use it in part because it includes both stories and problems. The author also selected this particular casebook because it places the individual rights materials before the materials on federal powers. He wanted to experiment with this reversed order and thus far has been satisfied – largely because the rights materials engage student interest better than the powers materials. They also set a more contemporary and practical tone for the …

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Combining The Best Of Gunther And Sullivan, James Weinstein Jan 1998

Combining The Best Of Gunther And Sullivan, James Weinstein

Seattle University Law Review

In the field of casebooks, there are few classics, but Gerald Gunther's Constitutional Law has long been viewed as one of them. More than twenty years ago it was heralded in the Harvard Law Review as "the Hart and Wechsler of constitutional law." After decades of solo authorship, Gunther is joined on the 13th edition by Kathleen Sullivan, who was primarily responsible for revising (among other sections) the chapters on freedom of expression. This partnership has succeeded in improving what was already perhaps the strongest section of the book. This Review examines the organization of the free expression materials, considers …

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Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush Jan 1998

Stone, Seidman, Sunstein & Tushnet's Constitutional Law: An Inclusive, Scholarly, And Comprehensive Constitutional Law Casebook, Sharon E. Rush

Seattle University Law Review

In reviewing Stone, Seidman, Sunstein, & Tushnet's <em>Constitutional Law</em>, the author focuses on the casebook’s exploration of race to illustrate why she uses the book, and why she finds it valuable. The outstanding qualities of the book, however, are not limited to race. It provides excellent material on just about every possible area of discrimination law, as well as on the basics of separation of powers, federalism, and First Amendment issues. Inevitably, any textbook will be of limited use to a professor who has had time to reflect on the area of the law and who has perhaps written in …

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Mastering Modern Constitutional Law, Thomas E. Baker Jan 1998

Mastering Modern Constitutional Law, Thomas E. Baker

Seattle University Law Review

Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. There are several reasons for this thorough difficulty. First, it is not an exaggeration to say that the fate of the nation is often at stake in constitutional cases and controversies, and constitutional decisions have shaped our history as a people. Second, we Americans can lay claim to inventing the field, and we have been continuously preoccupied with reinventing it for more than two centuries of applied political philosophy. Third, the Supreme Court is one of the most fascinating institutions inside or …

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The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks Jan 1998

The Pedagogical Considerations Of Using A Constitutional Law Textbook In Political Science, Christopher P. Banks

Seattle University Law Review

This Review first describes the importance of each consideration by analyzing how a two-volume constitutional law casebook, written by Professor David M. O'Brien of the Woodrow Wilson Department of Government and Foreign Affairs at the University of Virginia, can be admirably employed to teach the principle that constitutional law is, in fact, politics. Overall, the volumes are excellent undergraduate political science constitutional law texts. However, the casebook volumes have two flaws. First, they do not address the vital question of "what is political science?," a query that ought to be routinely asked by anyone teaching public law courses. Second, they …

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Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr. Jan 1998

Book Review: Lessons From Reconstruction For Libertarians: Betrayal And Illusion In The Struggle For Real Equality No Easy Walk To Freedom: Reconstruction And The Ratification Of The Fourteenth Amendment By James E. Bond, Henry W. Mcgee, Jr.

Seattle University Law Review

With regard to the struggles of the newly freed slaves, Dean Bond's study of the Reconstruction legislatures endorses the views of contemporary historians. These historians do not blame the freedman for failure to forge lasting instruments of liberation, instruments that might have transformed the formal equality promised by emancipation into a social order free of the stigmatizing racial oppression upon which American slavery, segregation, and racial oppression has been premised. Diligently researched and written, the book is of significant interest because of the coincidence of the author's empathy with Afro-Americans and his unwavering and unequivocal affirmation of racial equality, principles …

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Table Of Contents, Seattle University Law Review Jan 1998

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman Jan 1998

The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman

Seattle University Law Review

As I thought about the hypothetical situations posed for consideration by this symposium, I envisioned distinct individuals in context, speaking particular words. I decided to write the initial consultation out as a dialogue to see what happened to the ideas and the interactions as these three, the lawyer, husband, and wife, explored them. I, thus, chose to turn a hypothetical into a real situation. By selecting this format, I was only able to focus on the first hypothetical. This one was perhaps the most challenging for me personally. As a feminist and a family law lawyer, I have struggled and …

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Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett Jan 1998

Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett

Seattle University Law Review

This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …

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Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal Jan 1998

Overdue Process: Why Denial Of Physician-Prescribed Marijuana To Terminally Ill Patients Violates The United States Constitution, Matthew Segal

Seattle University Law Review

This Comment will begin with a brief history of the medical use of marijuana in western culture and the United States. It will then examine the existing federal statutory scheme governing the use of marijuana and conclude with a look at current beliefs about the medical value of marijuana. Section III will analyze previous attempts to collaterally attack the scheduling of marijuana through the courts and show why those efforts have generally failed. Section IV will perform a substantive due process analysis of William Cohen's case and submit that Mr. Cohen has a fundamental right to consult with his physician …

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In Willful Disregard Of The Employment Security Act: Culpability And The Determination Of Disqualifying Misconduct By The Courts, James Levy Jan 1998

In Willful Disregard Of The Employment Security Act: Culpability And The Determination Of Disqualifying Misconduct By The Courts, James Levy

Seattle University Law Review

This Comment argues that the most appropriate test for applying the statutory definition of misconduct an objective test based on knowing disregard of the employer's interests by the employee, rather than any current interpretation of the definition by the courts of Washington. In Section One of this Comment, the policies behind the Employment Security Act and the ramifications of different culpability elements are discussed. Section Two details the different tests for misconduct generated by the courts. Part A of Section Two discusses the common law tests and their culpability elements prior to the 1993 statutory definition of misconduct. Part B …

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Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver Jan 1998

Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver

Seattle University Law Review

The focus of this Comment is not merely to analyze the role of the judiciary in Meta-Tag litigation specifically, but also to use Meta- Tags as a lens with which to examine the potential effect of judicial activism on Internet commerce in general. The first portion of this analysis focuses on the applicability of federal trademark infringement and dilution laws in Meta-Tag abuse suits. The next portion of the article evaluates why market regulation of Meta-Tag abuse is the correct course of action, in the short-term, for ensuring the growth of electronic commerce. The article concludes with a description of …

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The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper Jan 1998

The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper

Michigan Law Review

After embarking on his illustrious career as a legal academic, Theodore St. Antoine, through a multitude of roles, including those of scholar, teacher, administrator, pragmatic law reformer, and arbitrator, made innumerable contributions to the practice and development of many parts of American law. For most of us, however, as a scholar he will be associated primarily with the system of collective bargaining established and encouraged by the National Labor Relations Act (NLRA) and its progeny. During the first part of Professor St. Antoine's years as an academic, this system continued to flourish in America, as he, along with other legal …

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The Educational Needs Of Welfare Recipients And The Role Of The Community College As An Agent Of Social Change, Carolyn L. Browning Jan 1998

The Educational Needs Of Welfare Recipients And The Role Of The Community College As An Agent Of Social Change, Carolyn L. Browning

Electronic Theses and Dissertations

The purpose of this study was to investigate two underlying questions related to welfare reform and its impact on participants in the Cumberland Plateau Region: (1) What are the training and other noneducational needs of the participants in the VIEW program? and (2) What is the projected success of the impact of the training on the lives of the participants? The research study included 47 interviews with four distinct groups of individuals--VIEW participants, case managers, administrators, and trainers. Three focus group interviews were conducted with individuals who were participants in the VIEW program or professionals actively involved in the administration …

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Contaminated Communities: A Video Documentary Of The Alberton, Montana Mixed-Chemical Spill And An Analysis Of How Its Effects On Toxics Victims Fits Into A Larger Contamination Framework From A Political Ecology Perspective, Lisa A. Mosca Jan 1998

Contaminated Communities: A Video Documentary Of The Alberton, Montana Mixed-Chemical Spill And An Analysis Of How Its Effects On Toxics Victims Fits Into A Larger Contamination Framework From A Political Ecology Perspective, Lisa A. Mosca

Graduate Student Theses, Dissertations, & Professional Papers

The small rural mountain town of Alberton, MT located 32 miles west of Missoula, MT was the 1996 site of the largest contamination event in railroad history involving a mixture of chemicals. On April 11, 1996 a Montana Rail Link train derailed just west of the town of Alberton, leaking 130,000 pounds of chlorine gas, 17,000 of potassium cresylate (spent oil refinery waste), and 85 dry bulk pounds of sodium chlorate into the Alberton environment. Approximately 1000 people were evacuated from their homes, many for the seventeen day evacuation period that followed. The video documentary project that I embarked on …

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Regional Economic Policy And Regional Income Inequality In The People's Republic Of China, Jiayan Ju Jan 1998

Regional Economic Policy And Regional Income Inequality In The People's Republic Of China, Jiayan Ju

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Private Enterprise In Bulgaria: A Strategic Assessment Of Opportunities In An Emerging Democracy, David G. Conklin Jan 1998

Private Enterprise In Bulgaria: A Strategic Assessment Of Opportunities In An Emerging Democracy, David G. Conklin

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Taking Bicycles Seriously : Three Replicable Urban Bicycle Development Projects, Paul Steely White Jan 1998

Taking Bicycles Seriously : Three Replicable Urban Bicycle Development Projects, Paul Steely White

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Sensitivity Analysis Of The Simpplle Model On Lubrecht Experimental Forest, Western Montana, Christine Marie Stalling Jan 1998

Sensitivity Analysis Of The Simpplle Model On Lubrecht Experimental Forest, Western Montana, Christine Marie Stalling

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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