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2000

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The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson Jan 2000

The Negotiation Of Executive Agreements For Environmental Remediation: Is The Interest-Based Method A Workable Model?, Darla Wynon Kite-Jackson

LLM Theses and Essays

Much of the recent literature on negotiation has concerned environmental negotiations. The environmental negotiations literature often discusses the negotiation of domestic environmental issues or the negotiation of multilateral/global environmental conventions. However, the literature on bilateral negotiations dealing with environmental issues, especially as it is related to mutual defense arrangements is scarcer. This thesis deals with this latter type of negotiations. This thesis explores whether interest-based negotiation techniques can be effectively used in resolving the environmental issues that are associated with base closures. It will do so by first describing and responding to some of the criticisms of the fundamental concepts …

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Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch Jan 2000

Taxation Of U.S. Llc With Foreign Participation, Victor Ianovitch

LLM Theses and Essays

The instant thesis is organized in three main parts. The first contains an overview of U.S. law including constitutional issues of the topic focusing on the separation of tax powers between federal and state authorities with special attention to the basis and extent to which a State is entitled to impose levies on business organizations; a brief analysis of federal legislation allowing the pass-through regime; and summary concerning LLC legislation in the States. The second analyzes the application of the main, basic principles of international taxation (such as residence, source rules, application of international treaties, and connected with it the …

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Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele Jan 2000

Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele

LLM Theses and Essays

The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …

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International Joint Ventures Between France And The United States, Alexis Desreumaux Jan 2000

International Joint Ventures Between France And The United States, Alexis Desreumaux

LLM Theses and Essays

This thesis focuses on two markets: France and the United States. Although these markets are competitive in several areas, sometimes some cooperation is needed in order to achieve a successful venture. The focus of this thesis is on two major issues. First, how can an American company, with a French partner, venture in France? And, second, how can a French company "invade" the U.S. market, with the help of a local company? To narrow the focus of this thesis, these " multipartite" joint ventures are to be dealt with. The thesis concerns the joint ventures made from two corporations, one …

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Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky Jan 2000

Nationality, Domicile And Habitual Residence - Does The New German Citizenship Law Call For A Change Of A Principal Connecting Factor In Private International Law ?, Marc Cziesielsky

LLM Theses and Essays

The purpose of the new citizenship law which was proposed by the new German federal government was to give legal aliens living in Germany a choice to become German citizens without having to give up the nationality which was conferred on them by their parentage or descent. This thesis will question whether this rigid concept should be completely abolished after an assessment of both the constitutionality and the exact implications of the new citizenship law. In the light of the conclusions, the comparative part of this thesis will then focus on a more general approach and will compare the concepts …

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The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar Jan 2000

The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar

LLM Theses and Essays

The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …

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"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli Jan 2000

"Pass Through" And Advertising Wark^Nties In The Current And In The Proposed Revision Of Ucc Article 2, Nazmi Orkun Akseli

LLM Theses and Essays

It has recently become common to refer to warranties that accompany the goods as "pass-through" warranties. They accompany the goods down the chain of title. They run with goods much as a traditional warranty of good title runs with the land in real estate transactions. The warranty booklet that comes with the new car, the warranty certificate in the box in which the computer is delivered, the manufacturer's label attached to the herbicide container are all examples of "pass-through" warranties. In this thesis, after examining the express warranties under the present article 2 of UCC, "pass-through" and advertising warranties will …

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Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson Jan 2000

Taxing The Reticulum Taxation And Tariff Issues In Electronic Commerce, Neil Lovett Wilkinson

LLM Theses and Essays

This thesis will explore, first within a historical context, and second, in a contemporary model, the impact and effect of electronic commerce in both a general and Electronic magazines. The thesis will explore governmental and legal responses, from a taxation and tariff point of view to the challenges posed by commercial transactions initiated and completed via the Internet and the World Wide Web. The broad question is therefore presented: How should governments, primarily American state and local governments, but also governments worldwide, respond to changes in technology that have a direct effect on the way business is conducted within their …

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U.S. Tax Aspects Of Doing Business Abroad;, Michael L. Moore, Edmund Outslay Jan 2000

U.S. Tax Aspects Of Doing Business Abroad;, Michael L. Moore, Edmund Outslay

Guides, Handbooks and Manuals

No abstract provided.

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Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah Jan 2000

Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah

Faculty Scholarship

Part I of this Article evaluates the pre-approval and post-approval regulatory framework governing prescription drugs, and the FDA's spontaneous reporting system for adverse events, as it contrasts that system with the regulatory mechanisms used to monitor risks associated with other products. Part II summarizes the recent series of prescription drug marketing withdrawals prompted by reports of unexpected adverse reactions. Finally, Part III offers some possible solutions designed to improve the efficiency of postapproval surveillance so that fewer patients will suffer the consequences of unexpected adverse drug reactions and interactions. This Article concludes that the existing regulatory system requires fundamental reprioritization …

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Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer L. Levi Jan 2000

Paving The Road: A Charles Hamilton Houston Approach To Securing Trans Rights, Jennifer L. Levi

Faculty Scholarship

This Article argues that securing the rights of transgender people requires a comprehensive and long-term litigation strategy and suggests Charles Hamilton Houston as the architect of the modern Civil Rights movement and the inspiration for a trans rights litigation strategy. Section II briefly details the life of Charles Hamilton Houston and focuses on the legal strategy he designed and carried out to overturn Plessy. It continues by drawing some conclusions about what Houston's plan teaches about the struggle for trans rights and a trans litigation strategy. Section III examines the reasons certain cases challenge assumptions about sex and gender, such …

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Salmon On The Brink: The Imperative Of Integrating Environmental Standards And Review On An Ecosystem Scale, Dianne K. Conway, Daniel S. Evans Jan 2000

Salmon On The Brink: The Imperative Of Integrating Environmental Standards And Review On An Ecosystem Scale, Dianne K. Conway, Daniel S. Evans

Seattle University Law Review

This Article examines the interplay between the Clean Water Act and Endangered Species Act, the necessity of applying these statutes under an ecosystem or watershed based model, and the need to coordinate and integrate standards and review processes under the acts. The concept of watershed management is summarized in Part II, and Part III gives a brief overview of the two statutes and their implementation. Part IV focuses on the opportunities for, and necessity of, streamlining and integrating the standards and review under the two statutes to support the integrated, place-based, management model envisioned by a watershed approach. We conclude …

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On Writing A Casebook, Myron Moskovitz Jan 2000

On Writing A Casebook, Myron Moskovitz

Seattle University Law Review

In this Article, the author will discuss his theory for writing a casebook, how to organize the book and select cases, and how to get your book published.

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First Amendment On Trial-The Libel Lawyer's Perspective, David M. Skover Jan 2000

First Amendment On Trial-The Libel Lawyer's Perspective, David M. Skover

Seattle University Law Review

In several significant ways, this event is a first. It is the first symposium to be held in Seattle University School of Law since the recent dedication of our magnificent new building. It is the first symposium of its kind ever to be held in the great Northwest. Furthermore, law school and law review symposia typically focus more on free speech theory than they do on the First Amendment in practice. As the Seattle University Law Review will be transcribing and publishing an account of this event, I thought it would be interesting to do a quick electronic search for …

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The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim Jan 2000

The Quest For The Best Test To Vest: Washington's Vested Rights Doctrine Beats The Rest, Gregory Overstreet, Diana M. Kirchheim

Seattle University Law Review

This Article is primarily a comprehensive, practitioner-oriented analysis of Washington's vested rights doctrine. In this Article, the authors propose that there are actually three models for vested rights in the nation, the majority and minority rules and the Washington rule. In the 1950s, Washington began following what commentators usually refer to as the minority rule, but the authors of this article assert that over the years our state's vesting doctrine has evolved into a distinct, third model. As this article will show, the Washington rule is not only distinct, it is superior.

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The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry Jan 2000

The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry

Seattle University Law Review

This Article addresses a particular aspect of many kinds of professional practice: the rendering of advice to clients. Drawing on their knowledge and experience, professionals may recommend a certain course of action to their clients in the course of their practice. The client may then assess the recommendation and decide whether or not to act on it. This aspect of professional practice involves a speech-related activity, so government regulation might raise at least a colorable First Amendment issue. This Article also focuses on a particular aspect of the regulation of professional advice, namely, licensure. When professional advice rendering activities are …

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Death Resurrected: The Reimplementation Of The Federal Death Penalty, Christopher Q. Cutler Jan 2000

Death Resurrected: The Reimplementation Of The Federal Death Penalty, Christopher Q. Cutler

Seattle University Law Review

This Comment analyzes the federal death penalty. Part one discusses the history of the federal death penalty, from its roots in the superstitions and religious dogma of colonial America to the Drug Kingpin Act and the Federal Death Penalty Act of 1994. Part two examines the Drug Kingpin Act, the first federal move into the death penalty arena since the landmark Supreme Court case of Furman v. Georgia. Next, the Comment explores Congress' broad expansion of the federal death penalty in its most recent statute, the Federal Death Penalty Act of 1994. Part four examines the practical application of …

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Volume Index, Seattle University Law Review Jan 2000

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan Jan 2000

A Trust For All The People: Rethinking The Management Of Washington's State Forests, Daniel Jack Chasan

Seattle University Law Review

In this Article, I will first point out that neither the federal Enabling Act nor the Washington Constitution explicitly requires the state to hold its granted lands in trust for the common schools or other named institutions. Next, I will argue that even if the granted lands are trusts, they are not common law trusts and therefore should not be managed under common law trust principles. Third, I will demonstrate that neither Congress nor the framers of the Washington Constitution expected the lands to generate maximum revenue. Fourth, I will show that preventing thefts and giveaways of public land and …

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Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt Jan 2000

Double Jeopardy And Punishment: Why An As Applied Approach, As Applied To Separation Of Powers Doctrines, Is Unconstitutional, Todd W. Wyatt

Seattle University Law Review

This Comment will argue that an as applied approach allows the executive branch, whether at the state or federal level, to encroach into the legislative realm by rendering a statute unconstitutional as a result of the way the statute is administered. Section II of this Comment will begin by examining the history of the as applied and on its face double jeopardy approaches during the last 20 years. After a close examination of the decisions in Halper and Hudson in sections II.B and II.C, this Comment will explain why the holding of Hudson, though correct in its result, was …

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The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal Jan 2000

The Ninth Circuit's "Hybrid Rights" Error: Three Losers Do Not Make A Winner In Thomas V. Anchorage Equal Rights Commission, Eric J. Neal

Seattle University Law Review

Because the Ninth Circuit, in reaching its Thomas decision, relied on Smith's hybrid rights language, this Note will focus on the court's analysis of that subject. By applying the hybrid rights' dicta instead of following the actual holding in Smith, the Ninth Circuit reached a conclusion that is illogical and does not comport with current Supreme Court free exercise jurisprudence. This Note will discuss the Thomas court's analysis and will propose a logical interpretation of Smith that more closely reflects the Supreme Court's actual position regarding the Free Exercise Clause.

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The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson Jan 2000

The Appeal Of Therapeutic Jurisprudence, Shirley S. Abrahamson

Seattle University Law Review

If therapeutic jurisprudence is so good, its applicability should not be limited to the trial courts. This Article offers some examples of how appellate courts can join the trial courts in applying therapeutic jurisprudence, but it also raises some concerns.

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The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer Jan 2000

The Power Of Myth: A Comment On Des Rosiers' Therapeutic Jurisprudence And Appellate Adjudication, Edward A. Dauer

Seattle University Law Review

In the American legal system, the myths surrounding judicial decision-making may pose significant impediments to achieving therapeutic jurisprudence. Courts, we are taught, are confined to the preexisting law, applying it to the conflict as the law itself requires that the conflict be framed. This is, in many ways that matter, a belief system that is not conducive to the therapeutic jurisprudence way.

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The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams Jan 2000

The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams

Seattle University Law Review

In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …

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The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers Jan 2000

The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers

Seattle University Law Review

Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional …

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Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton Jan 2000

Therapeutic Appellate Decision-Making In The Context Of Disabled Litigants, Ian Freckelton

Seattle University Law Review

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities.

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"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin Jan 2000

"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …

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Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee Jan 2000

Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee

Seattle University Law Review

Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …

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Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo Jan 2000

Advocacy Of The Establishment Of Mental Health Specialty Courts In The Provision Of Therapeutic Justice For Mentally Ill Offenders, Leroy L. Kondo

Seattle University Law Review

This Article explores the establishment of mental health courts as a partial solution to the perplexing societal problem that relegates mentally ill offenders to a "revolving door" existence in and out of prisons and jails.This inescapable situation results from a paucity ofeffective humanitarian policies, laws, and procedures for treating such medically disordered defendants. The establishment of mental health specialty courts is investigated as a potential means of addressing the complex legal issues and psycho-sociological problems faced by the judicial system in dealing with mentally ill offenders.

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Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick Jan 2000

Silencing The Appellant's Voice: The Antitherapeutic Per Curiam Affirmance, Amy D. Ronner, Bruce J. Winick

Seattle University Law Review

This Article will analyze the antitherapeutic impact of the per curium affirmance (PCA) in two steps. First, delving into the psychology of procedural justice, this Article will explain how litigants value "voice," or the ability to tell their stories, as well as "validation," or the sense that the decisionmaker has heard their words and taken them seriously. Second, this Article, through the use of narrative, will show how a PCA had a negative psychological impact on an actual appellant in a criminal case. The Article will conclude by proposing an alternative to the antitherapeutic PCA.

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