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2000

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Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender Jan 2000

Silencing Culture And Culturing Silence: A Comparative Experience Of Centrifugal Forces In The Ethnic Studies Curriculum, Steven W. Bender

Faculty Articles

Using the metaphor of silencing, Professor Margaret Montoya documents the irrelevance of race, gender, and socio-historical perspectives both in legal education and, more broadly, in legal discourse. Although others have invoked this metaphor, Professor Montoya's charting of the physical, rather than merely metaphorical, space of silence moves beyond this legal literature in several respects. Viewing silence not just as dead space, Professor Montoya enlivens and colors silence and other nonverbal aspects of communication as positive cultural traits. She demonstrates how silence can be used as a pedagogical tool (a centrifugal force) in the classroom and in client interviews to bring …

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Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill Jan 2000

Restoration Affecting Native Resources: The Place Of Native Ecological Science, Catherine O'Neill

Faculty Articles

This article begins by noting that non-Native society—the dominant society in the United States—has often discounted Native expertise and denied a place for Native environmental managers. Part II catalogues the various forms that denigration and denial of Native ecological science have taken. Part III marks the historical antecedents of such efforts to deny Native knowledge and to downplay the role of Native peoples as environmental managers. It then identifies particular features of the approaches favored by non-Native environmental managers that likely work to exclude, devalue, or discriminate against Native science, with the intention of encouraging further work to locate and …

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Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist Jan 2000

Substantive Editing Versus Technical Editing: How Law Review Editors Do Their Job, Anne Enquist

Faculty Articles

Law review editors often have a hard time adjusting to their new role of evaluating and critiquing the work of professors and established legal scholars, resulting in entire editorial boards missing fundamental problems in a particular article. The author provides a solution to this problem by recommending the adoption of two separate phases of editing - a substantive editing phase, which addresses what the article actually communicates, and a technical editing phase, which addresses the form the author uses to communicate. As examples for any law review to follow, the author provides two substantive edits of two different author submissions …

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Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse Jan 2000

Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse

Faculty Articles

Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …

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Foreword: The Many Passions Of Teaching Corporations, Charles O'Kelley Jan 2000

Foreword: The Many Passions Of Teaching Corporations, Charles O'Kelley

Faculty Articles

Teachers of Corporations share a passion for their subject and consider this first course in the business law curriculum to have fundamental importance for all law-trained professionals. Seemingly, however, we agree on little else, including the substantive focus of the course, the nature of the course materials, and the insights that teachers should convey. In fact, Corporations differs dramatically from school to school. Some teachers focus substantial attention on unincorporated business associations, while others cover only corporation law. Some who teach exclusively about the corporation emphasize closely held firms, while others highlight the law related to publicly traded entities. Likewise, …

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Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark Niles Jan 2000

Ninth Amendment Adjudication: An Alternative To Substantive Due Process Analysis Of Personal Autonomy Rights, Mark Niles

Faculty Articles

Notwithstanding decades of significant legal scholarship focusing on the Ninth Amendment to the U.S. Constitution, a large portion of the practicing legal community, and even a substantial percentage of legal scholars, are unfamiliar with the provision. The primary reason for this phenomenon is the striking absence of an identifiable body of Ninth Amendment adjudication. In this Article, Mark Niles focuses on this phenomenon and endeavors to develop an interpretative theory of the amendment upon which an adjudicative role can be founded. In Part I of this Article, Niles outlines the traditional judicial treatment of the Ninth Amendment, or more precisely, …

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Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill Jan 2000

Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill

Faculty Articles

This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …

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A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon Jan 2000

A Symposium Tribute To Judge A. Leon Higginbotham, Jr.: The Mentor And His Message, Margaret Chon

Faculty Articles

The articles in this Symposium tribute to Judge A. Leon Higginbotham Jr. emphasize his mentoring as well as his message. This demonstrates that one of the Judge's most important legacies was his "people legacy"—his continual training of the next generation of leaders in ways that would keep alive the more than four-hundred-year-long struggle of American racial justice. The Judge also had a distinct vison of American law, the vision of "we the people” of self-evident truths that "all men are created equal." His second vision was that of "we the people of color," the one that is symbolized by the …

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Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens Jan 2000

Not In Front Of The Children: Prohibition On Child Custody As Civil Branding For Criminal Activity, Deborah Ahrens

Faculty Articles

This piece identifies and explores a trend in statutes and caselaw towards treating criminal behavior as a per se or presumptive bar to child custody, reading this development through the lens of the modern criminal sanctions literature.

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Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Paul J. Heald, Suzanna Sherry Jan 2000

Implied Limits On The Legislative Power: The Intellectual Property Clause As An Absolute Constraint On Congress, Paul J. Heald, Suzanna Sherry

Scholarly Works

Professors Heald and Sherry argue that the language of Article I, Section 8, Clause 8, the Intellectual Property Clause, absolutely constrains Congress's legislative power under certain circumstances. Their analysis begins by looking at other limits on the legislative power that the Court has found in the Bankruptcy Clause, the Eleventh Amendment, the Tenth Amendment, and Article III. Then by examining the history and structure of the Intellectual Property Clause and relevant precedent, they distill four principles of constitutional weight--the Suspect Grant Principle, the Quid Pro Quo Principle, the Authorship Principle, and the Public Domain Principle. These principles inform the Court's …

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State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein Jan 2000

State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein

Scholarly Works

Over the past few years, an enormous amount of attention has been devoted to the problems raised by state taxation of electronic commerce, possible solutions to those problems, and, more recently, the question of whether there is a ‘problem‘ at all. We have both been, and continue to be, deeply involved in the debate over these issues -- a debate that has sometimes generated more heat than light. We view this forum as furnishing us an opportunity to take a step back from the fray and to offer our views not only on the critical issues that are dominating the …

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Delaware Corporation Law And Transaction Cost Engineering, Charles R.T. O'Kelley Jan 2000

Delaware Corporation Law And Transaction Cost Engineering, Charles R.T. O'Kelley

Scholarly Works

I have a passionate belief that a very good way to teach Corporations is to structure the course around a core goal--to teach Delaware corporate law systematically--not just bits and pieces of it, but the entire system, much the way we approach the teaching of constitutional law. This Essay is an elaboration of my reasoning and strategies, organized as a presentation and discussion of the core rationales for organizing the course in this way. The first justification flows axiomatically from the following proposition: we create value for many of our students, and harm none, by giving them an opportunity to …

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Fox Hunting, Pheasant Shooting And Comparative Law, Alan Watson, Khaled Abou El Fadl Jan 2000

Fox Hunting, Pheasant Shooting And Comparative Law, Alan Watson, Khaled Abou El Fadl

Scholarly Works

The Roman jurists, ancient rabbis and Muslim jurists were very different people. Above all, the rabbis and Muslim jurists were engaged on a search for law as truth. And the Roman jurists were much more obviously upper-class gentlemen.91 But the similarities are great. All three had a passion for legal interpretation. They delighted in discussing hypothetical cases. They chased after solutions by ways of reasoning devised by themselves. Practical utility, while present, was in the background. At times, to outsiders, their opinions seem outr6, even callous, remote from reality. They have little interest in what actually happens in court: their …

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Three Arguments Against Mt. Healthy: Tort Theory, Constitutional Torts, And Freedom Of Speech, Michael L. Wells Jan 2000

Three Arguments Against Mt. Healthy: Tort Theory, Constitutional Torts, And Freedom Of Speech, Michael L. Wells

Scholarly Works

Mt. Healthy City School District Board of Education v. Doyle is among the most important, and least discussed, cases in constitutional tort law. It stands for the abstract principle that the "but-for" rule of causation, which is the usual test in common-law torts, applies in constitutional torts as well. Doyle, a nontenured school teacher, quarreled with another teacher, with school employees, and with students. Two specific incidents deserve mention. First, on one occasion he "made an obscene gesture to two girls in connection with their failure to obey commands made in his capacity as cafeteria supervisor." Second, after the principal …

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An Evaluation Of The Use Of Spectral Properties In Monitoring Stress In Marine Macroalgae, Sarah Jane May Jan 2000

An Evaluation Of The Use Of Spectral Properties In Monitoring Stress In Marine Macroalgae, Sarah Jane May

School of Biological and Marine Sciences Theses

The overall aim of this thesis was to assess the potential of developing specific quantifiable assays of pollutant damage based on changes on the in vivo optical properties of macroalgae, applicable to laboratory and remote systems. The green macroalgae, E.intestinalis, was exposed to selected trace metals (copper and zinc), triazine herbicides (Irgarol 1051 and atrazine) and a series of alcohols (n = 1 - 9). The algal in vivo spectral properties, measured using a spectrophotometer fitted with an integrating sphere, determined changes due to exposure, and results were compared with established methods, including growth and fluorescence, to assess algal health …

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Models Of Oxidative Stress Induced By Disease Or Pollution In Invertebrates And Vertebrates, Heather Clare Meigh Jan 2000

Models Of Oxidative Stress Induced By Disease Or Pollution In Invertebrates And Vertebrates, Heather Clare Meigh

School of Biological and Marine Sciences Theses

Glutathione and its related enzymes have a central role in the antioxidant mechanisms of both invertebrates and vertebrates. Evidence suggests that changes in antioxidant defence mechanisms are associated with the late complications of diabetes. In addition, invertebrates show changes in antioxidant mechanisms in response to contamination; these changes have the potential to be utilised in the environmental monitoring of pollution. The present study investigated the role of glutathione and its related enzymes with regard to complications of diabetes and toxicity exposure using the crab, Carcinus maenas. A preliminary investigation showed that glutathione peroxidase and glutathione reductase activities are unaltered in …

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Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason Jan 2000

Home From The Islands: Domestic Asset Protection Trust Alternatives Impact Traditional Estate And Gift Tax Planning Considerations, John K. Eason

Faculty Articles

As the US becomes increasingly litigious, US citizens are more frequently sheltering their wealth in offshore asset protection trusts, or OAPTs. This article provides a thorough overview of the topic, discussing a variety of pertinent legal information.

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Liability Issues Facing Online Businesses, David E. Shipley Jan 2000

Liability Issues Facing Online Businesses, David E. Shipley

Scholarly Works

Online businesses are confronted by a wide variety of liability issues covering almost the full range of the standard law school curriculum. The liability problems that face a small business in Vidalia, Georgia, which is selling Vidalia onion products at specialty stores, through print advertising, and by mail, do not go away when the business starts marketing through a Web site. In fact, there might be more exposure doing business online, and there are variations depending upon the nature of the business in question. For example, as discussed below, an Internet Service Provider ("ISP") like America Online has worries that …

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Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher Jan 2000

Battle On The Benches: The Wagner Act And The Federal Circuit Courts Of Appeals, 1935-1942, Douglas J. Feeney-Gallagher

Seattle University Law Review

This paper examines the efforts of some circuit court judges to preserve the integrity of the judicial branch against the encroaching power of the New Deal administrative agencies, especially as represented by the National Labord Relations Board (NLRB). This paper offers a historical overview of the relationship between two circuits and the NLRB; one circuit welcomed the Board's aggressive enforcement of the Act, while the other expressed hostility towards the labor agency's powers and interpretation of the Wagner Act. An examination of the NLRB opinions in these two circuits illustrates the opposing judicial attitudes toward the new turn in labor …

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Bystanders' Negligent Infliction Of Emotional Distress Claims In Washington State: Must You Be Present To Win?, Patrick F.X. Santel Jan 2000

Bystanders' Negligent Infliction Of Emotional Distress Claims In Washington State: Must You Be Present To Win?, Patrick F.X. Santel

Seattle University Law Review

This Comment examines the route taken by the Supreme Court of Washington to afford plaintiffs their day in court while potentially forcing certain tortfeasors to pay for plaintiffs' emotional distress claims. This Comment will also examine the framework that claimants and Washington courts need for evaluating a bystander's claims of negligent infliction of emotional distress. The framework should be free of artificial, vague, and inconsistent rules, and should allow plaintiffs to recover for negligently inflicted severe emotional distress while protecting tortfeasors from spurious claims, including claims concerning minor psychic and emotional shocks, and from liability disproportionate to culpability. Moreover, the …

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Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan Jan 2000

Scope Of Due Diligence Investigation In Obtaining Title To Valuable Artwork, Marilyn E. Phelan

Seattle University Law Review

This Article will explore the concept of "due diligence investigation" for valuable art objects and the considerations that properly frame the scope of such an examination. The Article represents that because, as between a dispossessed owner and a good faith purchaser of artworks, equities are balanced in favor of the dispossessed owner, current law has imposed a higher standard of diligence on the purchaser. Thus, the Article will underscore the need for purchasers and collectors to conduct appropriate and comprehensive investigations into title of artworks they acquire or already possess and will demonstrate that a due diligence investigation is the …

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Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie Jan 2000

Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie

All Faculty Publications

To determine the extent to which Aboriginal title-holders enjoy control over Aboriginal title lands, it is necessary to explore fiduciary doctrine, for the application of this doctrine to the question of legislative infringement determines the limits within which Aboriginal title-holders can expect to see their interests respected. In Delgamuukw the Supreme Court of Canada adopted and applied an understanding of the Crown-Aboriginal fiduciary relationship it developed in Gladstone. In so doing the Supreme Court set out the power of Canadian governments to control the uses to which Aboriginal title lands can be put. Ironically, since Aboriginal title is characterized by …

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Disability And The Income Tax, David G. Duff Jan 2000

Disability And The Income Tax, David G. Duff

All Faculty Publications

The federal Income Tax Act contains an extensive number of provisions addressing the taxation of families with disabled persons. These provisions, however, have been the subject of a series of ongoing incremental adjustments, and do not reflect a comprehensive and coherent approach to the taxation of these individuals in light of their unique financial circumstances. This article considers the existing income tax provisions regarding families with disabled persons, analyzing the relationship between disabilities and appropriate tax liabilities, and providing suggestions for reform of the current tax structure. Focussing on the goals of tax policy narrowly defined as compared to the …

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Territoriality, Aboriginal Rights, And The Heiltsuk Spawn-On-Kelp Fishery, Douglas C. Harris Jan 2000

Territoriality, Aboriginal Rights, And The Heiltsuk Spawn-On-Kelp Fishery, Douglas C. Harris

All Faculty Publications

In 1988, the Department of Fisheries and Oceans ("DFO') charged two Heiltsuk brothers with attempting to sell herring spawn-on-kelp without a J-license. In 1989, the Heiltsuk Tribal Council initiated legal action to compel the DFO to issue it additional J-licenses and to recognize Heiltsuk jurisdiction to manage the fishery in their traditional territory on the central coast. An analysis of these cases and of the historical regulation of the herring spawn fisheries reveals a continuing conflict between the state and a First Nation over a fishery and over the legitimacy of increasingly intertwined legal systems. The Heiltsuk defense of their …

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Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron Jan 2000

Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron

All Faculty Publications

This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …

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A History Of British Columbia Legal Education, W. Wesley Pue Jan 2000

A History Of British Columbia Legal Education, W. Wesley Pue

All Faculty Publications

This paper explores the history of legal education in twentieth century British Columbia. The period covers the transition from qualification by apprenticeship to the foundation of Canada's first post-WWII Faculty of Law - the beginning of modern legal education in Canada. Issues addressed include the moral vision of legal education, gender and the legal profession (the admission of women lawyers), race-based exclusions, the question of whether communists could be qualified as lawyers, and the evolution of legal curriculum from the age of moral reform to the era of narrowly technocratic notions of legal knowledge.

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Forces Of History: American-Iranian Diplomacy 1949-1953, James H. Hippensteel Jan 2000

Forces Of History: American-Iranian Diplomacy 1949-1953, James H. Hippensteel

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Effects Of Workplace Social Support On The Grief Process, Lauren Christine Leger Jan 2000

Effects Of Workplace Social Support On The Grief Process, Lauren Christine Leger

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Sacred Language, Sacred Land| Journeys In And Around The Black Hills, Terry Ryan Jan 2000

Sacred Language, Sacred Land| Journeys In And Around The Black Hills, Terry Ryan

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Shelterbelt| A Novel Excerpt, Colleen O'Brien Jan 2000

Shelterbelt| A Novel Excerpt, Colleen O'Brien

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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