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1999

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Capital Investment Decisions Of Large Industrial Firms In Major European Countries, Faith Yilmaz Jan 1999

Capital Investment Decisions Of Large Industrial Firms In Major European Countries, Faith Yilmaz

Plymouth Business School Theses

Using large-company panel data, this thesis empirically analyses investment decisions in major European countries. We particularly concentrate on three issues: the taxation of capital in the EU, the role of agency costs of debt on investment decisions, and the empirical analyses of the investment-uncertainty relationship. First, based on a dynamic system in capital and Tobin's q ratio, some simplified analytical results are derived to simulate various tax policy effects on investment. Also, for a single investment project, a model is developed to consider jointly the role of uncertainty and irreversibility in the taxation of capital. The simulation results cast doubt …

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Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred Jan 1999

Guarding The Treasure: Protection Of Student Religious Speech In The Classroom, Chad Allred

Seattle University Law Review

This Article makes two observations, both in Parts II and III, that have received insufficient attention in the academic literature and in the courts. First, students in public school classrooms are "captive speakers." Due to compulsory attendance laws, students are "captive" not only when hearing speech, but also when they wish to speak. Adhering to the First Amendment means protecting not only captive listeners, but also captive speakers. Second, in the face of the potential misperception of students that their school endorses the speech of a fellow student, teachers have an extraordinary opportunity to simultaneously disclaim endorsement and teach the …

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Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis Jan 1999

Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis

Seattle University Law Review

This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …

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Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann Jan 1999

Players, Owners, And Contracts In The Nfl: Why The Self-Help Specific Performance Remedy Cannot Escape The Clean Hands Doctrine, Stephen C. Wichmann

Seattle University Law Review

Is it fair that professional football players possess so much control in renegotiating contracts? Do the players in fact possess the control that we perceive them to have? Often, players do have most of the bargaining power, as in the case of college players being chosen in the draft. Once a team has chosen to pursue a draftee out of college, no other team has the right to interfere with that process. If that club fails to sign the player, the club wastes a valuable pick, and there is no remedy for such a failure. But after that introduction into …

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Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod Jan 1999

Why Constitutional Torts Deserve A Book Of Their Own, Michael Wells, Thomas A. Eaton, Sheldon H. Nahmod

Seattle University Law Review

Over thirty years ago, Marshall Shapo coined the term "constitutional tort" to denote a suit brought against an official, charging a constitutional violation and seeking damages.' In the years since Shapo's pathbreaking article, the number of such suits has grown exponentially.' The suits have generated a host of new substantive and remedial issues, yet conventional casebooks on constitutional law and federal courts give little attention to the area. That Professor Shapiro had four books to include in his review of “Civil Rights” casebooks in the Seattle University Law Review is some indication of a demand for teaching materials currently unmet …

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Property In Context, Craig J. Albert Jan 1999

Property In Context, Craig J. Albert

Seattle University Law Review

Now that Property has shrunk in most law schools to a single semester of three or four credit hours, Professors J. Gordon Hylton, David L. Callies, Daniel R. Mandelker, and my colleague, Paula A. Franzese, offer a new casebook, Property Law and the Public Interest to respond to the new environment.

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How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold Jan 1999

How Do Law Students Really Learn? Problem-Solving, Modern Pragmatism, And Property Law, Craig Anthony Arnold

Seattle University Law Review

Edward Rabin and Roberta Kwall had student learning in mind when they wrote Fundamentals of Modern Real Property Law. Rabin and Kwall's casebook is an attractive and effective road map for students as they journey through a course (and a body of legal principles and issues) that typically intimidates many law students in virtually every law school.

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Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper Jan 1999

Q: Why Is This Course Different From All Other Courses? A: Maybe It's Not, Louise A. Halper

Seattle University Law Review

The authors’ claim is to a unique recognition of (1) “the interplay of common law, statutory and constitutional regimes,”(2) “the growing significance of non-land forms of property,” (3) “the emergence of environmental values,” and (4) “the central importance of public policy analysis to resolution of complex social problems.” This is certainly an approach that can benefit the first-year Property teacher whose course is set in a semester that may also contain courses focusing on positive law, like Civil Procedure, Administrative Law, Constitutional Law, or Criminal Procedure, as mine does.

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Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss Jan 1999

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Seattle University Law Review

In this review, I will concentrate on two perspectives on the book. I first taught Property in the spring 1998 semester (using the third edition of Dukeminier and Krier) and am (as I write this) about to begin my second year of teaching the course. I can thus give the perspective of a new teacher of the subject. In addition, I am an economist as well as a lawyer and am deeply fascinated by legal history. I try to bring both law and economics and historical perspectives to my teaching. I therefore offer an evaluation of the book with respect …

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The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel Jan 1999

The Perfect Blend Of Methodology, Doctrine & Theory, Peter T. Wendel

Seattle University Law Review

In light of the market's overall approval of the casebook, what follows can only be described as but one professor's views on why the Dukeminier and Krier property book works so well for so many and on where it does not work as well as it could.

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Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz Jan 1999

Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz

Seattle University Law Review

The adoption of the Washington Growth Management Act (GMA or "the Act") marked a major change in local government land use decision-making in the State of Washington. The Act's requirement that local governments adopt a comprehensive land use plan (Plan) to guide development consistent with goals adopted by the state legislature and then implement that Plan with consistent regulations was a revolutionary step toward statewide land use planning. Much has been written about the "GMA revolution." These writings primarily focus on the GMA's procedural and substantive requirements for adoption of Plans and how these mandates have changed the face of …

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The World Is Their Oyster? Interpreting The Scope Of Native American Off-Reservation Shellfish Rights In Washington State, Jason W. Anderson Jan 1999

The World Is Their Oyster? Interpreting The Scope Of Native American Off-Reservation Shellfish Rights In Washington State, Jason W. Anderson

Seattle University Law Review

This Comment explores the shellfish issue in light of the Stevens Treaties and their historical context, the rules of treaty interpretation, the relevant treaty fishing cases, and the recent court decisions on the shellfish issue. Part II.A explores the magnitude of the debate, the historical background of the case, and identifies the parties involved and their diverging interests. Part II.B describes the traditional methods and rules of treaty interpretation and recognizes their application in this case. Part II.C examines the treaty fishing cases that established much of the precedent that governed the shellfish case. Part II.D outlines the relevant holdings …

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Mahler V. Szucs: An Impediment To Interinsurer Arbitration And Affordable Personal Injury Protection Coverage, John R. Nicholson Jan 1999

Mahler V. Szucs: An Impediment To Interinsurer Arbitration And Affordable Personal Injury Protection Coverage, John R. Nicholson

Seattle University Law Review

This Note will demonstrate that the Mahler court's decision will lead to inefficient results, because it has essentially compelled PIP insurers to accept representation by attorneys who have a conflict of interests, precluding such insurers from selecting the best means of recovering their PIP interests. As a result, the price of insurance premiums inevitably will escalate, while providing plaintiffs' attorneys with a windfall of increased fees for performing no additional work for their clients. The following discussion will show not only that the Mahler court holding is inefficient as a matter of public policy, but also that its analysis ignores …

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Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver Jan 1999

Inevitable Discovery In Washington State And The Unreasonable "Reasonableness" Requirement, David Seaver

Seattle University Law Review

This Comment will examine the substantial differences between Division One's current version of inevitable discovery and that adopted by the U.S. Supreme Court in Nix, which is still the only version affirmatively accepted by the Washington Supreme Court. Having distinguished the differences, this Comment ultimately suggests an amalgamation of the most desirable parts of each version of the inevitable discovery exception. The author proposes that the "reasonableness" element demanded by Division One is duplicative and unnecessarily burdensome on the prosecution. The version proposed by this Comment recognizes the potential benefits to the search for truth and to the societal …

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Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos Jan 1999

Williamson V. Gregoire: How Much Is Enough? The Custody Requirement In The Context Of Sex Offender Registration And Notification Statutes, Tina D. Santos

Seattle University Law Review

This Note argues that the Ninth Circuit was wrong. The registration and notification provisions operate to constructively restrain the liberty of a convicted sex offender and, therefore, Mr. Williamson is "in custody" for purposes of habeas corpus relief. To support this proposition, this Note will first discuss the federal statute pertaining to habeas corpus and review the case law interpreting the jurisdictional requirement that the petitioner be "in custody"; second, review and discuss Washington State's sex offender registration and notification statutes; and finally, analyze the relevant statute and analogous case law in the context of Washington's sex offender laws in …

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The Development Of Secretarial And Administrative Support Staff: Influential Factors In The Identification Of Need, Murray Jack Lovell Jan 1999

The Development Of Secretarial And Administrative Support Staff: Influential Factors In The Identification Of Need, Murray Jack Lovell

Plymouth Business School Theses

Radical advances in microelectronics applications during the 1970's precipitated rapid developments in new office technology which was held to threaten the very existence of the traditional secretarial task role. Many contemporary commentators conceived a correlative link between the emergence of the new technology and the displacement of administrative support staff, whilst others predicted that a form of "Taylorism" was about to invade the office environment with all manner of dehumanising connotations. The reality proved somewhat different and, far from eradicating the role of the secretary or reducing it to assembly-line proportions, the technology helped to facilitate the flattening of organisational …

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Introduction: Looking Ahead In Canadian Law School Education, Joost Blom Jan 1999

Introduction: Looking Ahead In Canadian Law School Education, Joost Blom

All Faculty Publications

The author [who was then Dean] speculates on the coming decade or two in Canadian legal education.

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Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff Jan 1999

Interpreting The Income Tax Act - Part 2: Toward A Pragmatic Approach, David G. Duff

All Faculty Publications

Part 1 of this two-part article reviewed the four main doctrines to which Canadian courts have referred in interpreting the Income Tax Act (strict construction, purposive interpretation, the plain meaning rule, and the words-in-total-context approach) and examined leading cases in which these doctrines have been defined and applied. Part 2 of the article evaluates each of the interpretive doctrines examined in part 1 and develops, as an alternative, an explicitly "pragmatic" approach. This alternative approach builds on the words-in-total-context doctrine by interpreting the words of the Act "in their entire context," having regard to the scheme of the Act, the …

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British Masculinities, Canadian Lawyers, W. Wesley Pue Jan 1999

British Masculinities, Canadian Lawyers, W. Wesley Pue

All Faculty Publications

This paper explores the construction of early twentieth century Canadian legal professionalism as the workings-out of Britishness understood through the lenses of cultural history, cultures of imperialism, and gender relations. It provides a case study in the histories of professionalism in a settler colony.

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The Best And The Brightest: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue Jan 1999

The Best And The Brightest: Canadian Law School Admissions, Dawna Tong, W. Wesley Pue

All Faculty Publications

This article assesses the admissions policies commonly employed by law faculties in common law Canada. These faculties rely heavily on admissions criteria and policies developed in the United States and, like their American counterparts, typically admit students on the basis of "index scores" produced by combining Law School Admissions Test (LSAT) performance with Undergraduate Grade Point Average (UGPA). The appropriateness of this American model to the Canadian context has never been rigorously assessed. This raises serious questions as to whether Canadian law school admissions policies serve either of their stated goals of finding the "best" students or of advancing social …

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Japanese-American Newspaper In Seattle: The Role Of The North American Post In The Seattle Nikkei Community, Hitoshi Ogi Jan 1999

Japanese-American Newspaper In Seattle: The Role Of The North American Post In The Seattle Nikkei Community, Hitoshi Ogi

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Terror And Indifference: The Device Paradigm And The Nicaraguan Contra War, Gus Glaser Jan 1999

Terror And Indifference: The Device Paradigm And The Nicaraguan Contra War, Gus Glaser

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Direct Democracy In America, Sherman J. Clark Jan 1999

Direct Democracy In America, Sherman J. Clark

Michigan Law Review

The phrase "laboratories of democracy," as applied to the states, seems most often to mean something more like "democratic laboratories" - democratic testing grounds for various approaches to social problems. What sort of welfare reform will be most effective? Let Wisconsin try out Plan A, while Michigan experiments with Plan B. What combination of tort liability rules will achieve desired levels of compensation and deterrence? Let the states experiment with strict liability, comparative negligence, or various nofault schemes. It is also true, however, that the states are literally laboratories of democracy - arenas in which democratic institutions are themselves experimented …

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Counseling Counsel For Children, Martin Guggenheim Jan 1999

Counseling Counsel For Children, Martin Guggenheim

Michigan Law Review

You are a lawyer working in juvenile court, representing children in proceedings in which their parents are accused of being unfit. Your clients range in age from newborns to seventeen-yearolds. At any one time you have 125 active cases on your docket. You work hard at your job, and you believe deeply in the rights of the children you represent. Occasionally, it occurs to you that you don't really have as good a sense as perhaps you should of your precise role and how you ought to discharge your responsibilities to your clients. But you don't ever seem to have …

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The Distributive Foundation Of Corrective Justice, Hanoch Dagan Jan 1999

The Distributive Foundation Of Corrective Justice, Hanoch Dagan

Michigan Law Review

There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, dare I say, the prevailing approach - analyzes private law through the lens of its social, economic, cultural, or political meanings and ramifications. For the purposes of this Article, we may call the proponents of this approach the "social values school." Other theorists, those who take a corrective justice approach, insist that the adjective "private" is significant and should be the starting point for any understanding of "private law." They claim that this starting point inevitably generates a radically different understanding of private law. Organized …

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Caste, Class, And Equal Citizenship, William E. Forbath Jan 1999

Caste, Class, And Equal Citizenship, William E. Forbath

Michigan Law Review

There is a familiar egalitarian constitutional tradition and another we have largely forgotten. The familiar one springs from Brown v. Board of Education; its roots lie in the Reconstruction era. Court-centered and countermajoritarian, it takes aim at caste and racial subordination. The forgotten one also originated with Reconstruction, but it was a majoritarian tradition, addressing its arguments to lawmakers and citizens, not to courts. Aimed against harsh class inequalities, it centered on decent work and livelihoods, social provision, and a measure of economic independence and democracy. Borrowing a phrase from its Progressive Era proponents, I will call it the social …

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China's Bid To The Wto— Hidtory Task Needs Joint Efforts, Lei Du Jan 1999

China's Bid To The Wto— Hidtory Task Needs Joint Efforts, Lei Du

LLM Theses and Essays

As one of the three international institutions formed in the aftermath of the Second World War constituted the postwar world economic order, the GATT was an international treaty with its central mission promoting free trade among the contracting parties. During the forty-seven years of its existence (1947-1994), the GATT provided a legal framework within which most international trades were conducted. On January 1, 1995, the WTO was established in accordance with the results of the Uruguay Round of Multilateral Negotiations under the auspices of the GATT. The replacement of the GATT by an institutional body, the WTO, ushered in a …

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Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina Jan 1999

Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina

LLM Theses and Essays

For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …

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Trade Liberalization: A Study Of The Agricultural Trade Policies Of The United States And European Community And Its Effect On Developing Countries (Africa), Andrea Osei-Nsafoah Jan 1999

Trade Liberalization: A Study Of The Agricultural Trade Policies Of The United States And European Community And Its Effect On Developing Countries (Africa), Andrea Osei-Nsafoah

LLM Theses and Essays

The purpose of this thesis is to study the various protectionist policies of the European Union and the United States and to ascertain its effect on developing countries. The focus of the thesis will be from the perspective of the Agreement of the World Trade Organization. In the course of this thesis, I will deduce that protectionism has limited the advancement of trade in agriculture and the fundamental principles of the General Agreement on Tariffs and Trade have often been disregarded. While the thesis proposes free trade it does not propose the abolition of all barriers to trade since this …

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Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk Jan 1999

Investments In Free Economic Zones: Analysis Of Factors And Policies Underlying Their Success, Ihor Mehedynyuk

LLM Theses and Essays

This thesis will focus on the experience of those developing countries whose FEZs have been regarded as successful in attracting foreign investment and creating a suitable environment for the activity of zone-based foreign enterprises. Furthermore, it will examine the major aspects of FEZ operations and legal and economic strategies of host countries. Chapter I will concentrate on issues relating to foreign investment, types of attitudes towards foreign investment and their relationship with investment policies of host countries and the role of legal systems in attracting foreign investment. Chapter II will provide an overview of various types and characteristics of FEZs, …

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