Digital Commons Network^™

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

Scholarly Works

This article examines negotiations toward a Free Trade Area of the Americas (FTAA). It seeks to discern what key negotiating parties want out of such an agreement, and the means through which they have sought to achieve their disparate goals.

The United States and Brazil, in particular, have employed complex negotiating strategies in order to gain theupper hand - strategies prompted by a variety of economic and political dynamics at domestic andsubregional levels. These dynamics include the significant pressure exerted on U.S. policy-makers by constituent groups sensitive to globalization's impact on labor and the environment, as well as the challenge …

Transformational Leadership And Moral Discourse In The Workplace And Civil Society, John W. Frank

UNF Graduate Theses and Dissertations

This study was grounded in the theory and practice of transformational leadership, where leaders function as moral agents of change as they facilitate values talk (moral discourse) among their constituents. The study took its cue from Rost's call for a new paradigm for leadership ethics that calls for methods of group moral decision making to assess organizational and social ends. The inquiry sought to better understand how leaders engage others in moral conversation and how such processes influence organizational culture and democratic civil society.

The methodology was qualitative and phenomenological as it was centered on leaders' perceptions of their experiences …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

Market Orientation, Competitive Strategy Type And Performance In Independent Retail Businesses : A Contingency Analysis In A Market Town Context, Philip Rhys Megicks

Plymouth Business School Theses

In recent years there has been significant interest in the performance of independent retail businesses located in UK market towns as they face up to new patterns of competition and demand. However prior to this study there has been only a very limited understanding of the factors that contribute the success and failure of these individual small businesses. This thesis fills a gap in the literature relating to the performance of these small firms through empirical analysis and the application of management research methods in a contextual setting. Based upon a comprehensive review of relevant literature spanning the boundaries of …

Authors, Publishers And Public Goods: Trading Gold For Dross, Wendy J. Gordon

Faculty Scholarship

The article seeks to clarify what is at stake - and what is not - in the litigation challenging the constitutional validity of the Sonny Bono Copyright Term Extension Act (CTEA). First, the article distinguishes between the CTEA's retrospective term extension of copyright term and the retrospective extensions enacted by prior Congresses. The article suggests that the CTEA provisions are constitutionally questionable in ways that earlier retrospective extensions may not have been. To hold the CTEA unconstitutional would not make all other term extensions vulnerable.

Second, the article shows how non-creative physical activities such as digitization and film preservation have …

Patent Settlement Agreements: Preliminary Views, Joseph F. Brodley, Maureen A. O'Rourke

Faculty Scholarship

Settlements between S competitors in patent cases raise important and sensitive antitrust issues. Patent settlement agreements may create or maintain a monopoly in technology or innovation markets and may also effectuate a monopoly or cartel in related goods markets. Indeed, absent the patent rights, certain terms of patent settlement agreements may be per se antitrust violations. Further, anticompetitive patent settlements-unlike most antitrust conspiracies-are enforceable in court, providing the parties with an effective means of preventing the cheating that is the bane of cartels. Thus, the antitrust risk that a settlement agreement may operate as a disguised cartel has long been …

Bulletin 2002-2003, Seattle University School Of Law

Viewbooks

No abstract provided.

Book Review: In The Hands Of The People: The Trial Jury's Origins, Triumphs, Troubles, And Future In American Democracy By William L. Dwyer, Philip A. Talmadge

Seattle University Law Review

The author recommends In The Hands of the People to every high school or college civics instructor as a basic text on America's jury system. In this book, Judge Dwyer traces the history of the jury system in Anglo-American legal history from its earliest inception to its present status in the American justice system.

The Changing Face Of Recognition In International Law: A Case Study Of Tibet, Robert D. Sloane

Faculty Scholarship

The concept of state recognition in public international law has long been mired in a (pejoratively) academic debate between the "declaratory" and "constitutive" schools. This article strives to reappraise and recast recognition through analysis of the history and status of Tibet and its government-in-exile. I argue that, for analytic purposes, we must distinguish three forms of recognition: first, political recognition, the formal acts by which one sovereign recognizes another's claim to statehood or legitimate governance; second, legal recognition, a judgment of recognition based on some set of reasonably objective legal criteria; and third, civil recognition, the force of popular moral …

A State Supreme Court In Transition, James E. Bond, Kelly Kunsch

Seattle University Law Review

This article presents a statistical snapshot of voting patterns within the Washington Supreme Court at the turn of the century and then explores how the changing makeup of the court may affect substantive areas of the law. The Washington Supreme Court is in a state of transition; following the November 2000 elections, only Justice Smith has served more than ten years on the high court. Four of the nine justices are serving their first terms. By looking at the opinions and voting records of both the remaining and departing members of the court, we can make some generalizations about the …

A Closer Look At Good News V. Milford: What Are The Implications? (Stay Tuned) , John E. Dunsford

Seattle University Law Review

This article will examine: (1) whether Lamb's Chapel should control; (2) whether there is a relevant distinction between religious viewpoint and subject matter; (3) whether a forum open to much of the public may be limited to others; (4) whether the presence of prayer and worship should affect the right of a private organization to access public property; and (5) whether such use of public property violates the Establishment Clause.

Smith V. Bates Technical College: Washington Extends The Availability Of The Tort Of Wrongful Discharge In Violation Of Public Policy, But A Little Too Far: Employees Should Still Exhaust Other Remedies, Richard A. Morris

Seattle University Law Review

This Note will present and analyze two significant issues addressed by the Smith court. First, the court properly decided that state common law claims are not preempted by collective bargaining agreements or available administrative procedures. Second, the court incorrectly determined that exhaustion of administrative or contractual remedies is not a prerequisite to seeking tort relief in court. The judiciary should give deference to administrative or contractual procedures specifically designed to resolve the matter in dispute. This Note will analyze the preemption issue by first examining, in Part II, the general function of common law torts, the doctrine of employment-at-will, and …

Zoning Churches: Washington State Constitutional Limitations On The Application Of Land Use Regulations To Religious Buildings, Darren E. Carnell

Seattle University Law Review

This Article traces a path to various land use regulatory approaches that should survive scrutiny under the Washington State Constitution. Part I outlines the legal history of challenges to the application of zoning regulations to church buildings; Part I also describes the contexts in which such disputes presently arise. Part II introduces the Washington State Constitution's provision regarding the free exercise of religion and describes the limited body of case law that has applied this provision in the land use context. Part III considers the role of federal case law in interpreting the free exercise clause of the Washington State …

Alsea Valley Alliance V. Evans And The Meaning Of "Species" Under The Endangered Species Act: A Return To Congressional Intent, Leslie Marshall Lewallen, Russell C. Brooks

Seattle University Law Review

This article examines whether the Alsea decision's definition of species is consistent with the Endangered Species Act by examining the language of the ESA and Congressional intent. This article then examines some of the implications of the Alsea decision in the Northwest. Counting hatchery salmon would likely result in the removal of most salmon ESUs from the endangered or threatened list, ending many of the costly restrictions imposed by the ESA. In particular, Part I discusses the ESA provisions and congressional intent regarding the definition of species that is pertinent to understanding Alsea. Part II describes some of the …

Application Of Patent Law Damages Analysis To Trade Secret Misappropriation Claims: Apportionment, Alternatives, And Other Common Limitations On Damages, Douglas G. Smith

Seattle University Law Review

Part I of this article discusses the case law acknowledging the applicability of patent law precedents in the context of trade secret damage claims. Part II discusses the application of patent law precedents regarding lost profits as a measure of damages. Part III analyzes the applicability of patent law damages principles in the context of unjust enrichment as a measure of damages. Part IV then proceeds to examine how patent law principles are frequently applied in the context of royalty damages. Part V discusses the case law relating to disaggregation and apportionment of damages in the context of patent and …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron

Seattle University Law Review

This Comment will argue that the discovery rules presently require disclosure of an unacceptable amount of information. Part II of this Comment will outline some of e-mail's advantages over other communications media to help explain the rapid rise in e-mail use. Part III will then explain, in layman's terms, how e-mail actually works and discuss some of the reasons why e-mail archives are often considered as likely to contain “smoking gun” messages—the kind of evidence that can drastically affect the outcome of a case. But what is it about e-mail that can make it such a potent evidentiary weapon? The …

Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin

Seattle University Law Review

Students are often surprised by how much they enjoy commercial law. Anyone who finds either money or power interesting is likely to see the potential for fun in a class where these issues are discussed. In a capitalist society, "Money Law" reflects virtually all of our societal values in one way or another, reflects the culture of capitalism at work, and is "Law and Society" in the broadest sense. While most people find it hard to get excited about secured transactions, this sentiment is not likely to last long if the teacher uses Secured Credit: A Systems Approach. Part …

Demystifying Ambiguous Statutes With The Maxims Of Statutory Interpretation: A Closer Look At J.D. Tan, Llc V. Summers, Alexander Kleinberg

Seattle University Law Review

Section I begins with a brief discussion of the maxims of statutory interpretation and an explanation of how courts employ them to determine an enigmatic law's meaning. Section II provides a history of the J.D. Tan case, including a chronicle of the underlying dispute between the principal debtor, William Summers, and the assighee of the judgment holder, J.D. Tan, LLC. Section III explains why the statute at issue in J.D. Tan, RCW 6.17.020(3), was ambiguous when this case was decided, and how this statute was in need of judicial interpretation via application of the maxims of statutory interpretation. Section IV …

Will Price Control Legislation Satisfactorily Address The Issue Of High Prescription Drug Prices?: Several States Are Waiting In The Balance For Phrma V. Concannon, Shawna Lydon Woodward

Seattle University Law Review

Section II of this Note will discuss Canada's prescription drug pricing scheme and why prescription drugs cost significantly more in the United States. Section III will discuss PhRMA v. Concannon, in cluding an analysis of the parties' arguments on price controls for pre- scription drugs. Section IV will illustrate that Washington's current role in the battle on prescription drug pricing is inadequate to provide accessible and affordable prescription drugs for its citizens. Section V concludes with the proposal that Washington adopt new legislation modeled after the Maine Act to Establish Fairer Pricing for Prescription Drugs, which created the Maine Rx …

Mitigation Evidence And Capital Cases In Washington: Proposals For Change, Mary Pat Treuthart, Anne Branstad, Matthew Kite

Seattle University Law Review

Part II of this article examines the United States Supreme Court's recognition of the importance of mitigation evidence in capital cases. Part III then focuses on the role of mitigation evidence in Washington's death penalty scheme. The following section, Part IV, addresses the public policy implications when mitigation evidence is not presented. Finally, Part V proposes changes to the current sentencing procedure in Washington involving capital crimes.

Rethinking Canine Sniffs: The Impact Of Kyllo V. United States, Amanda S. Froh

Seattle University Law Review

The argument develops as follows. Part II provides a general background on how the court has determined whether an investigative technique or device is a search within the meaning of the Fourth Amendment, and the implications for finding that something is a search. This section focuses primarily on Katz v. United States, the pivotal case in which the Supreme Court departed from previous Fourth Amendment jurisprudence by recognizing that the Fourth Amendment's core value is the protection of individual privacy, not the protection of places. In light of this background, Part III provides examples of how the Supreme Court has …

Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve

Seattle University Law Review

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Protecting The Endangered Human: Toward An International Treaty Prohibiting Cloning And Inheritable Alterations, George J. Annas, Lori B. Andrews, Rosario M. Isasi

Faculty Scholarship

We humans tend to worry first about our own happiness, then about our families, then about our communities. In times of great stress, such as war or natural disaster, we may focus temporarily on our country but we rarely think about Earth as a whole or the human species as a whole. This narrow perspective, perhaps best exemplified by the American consumer, has led to the environmental degradation of our planet, a grossly widening gap in living standards between rich and poor people and nations and a scientific research agenda that focuses almost exclusively on the needs and desires of …

Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke

Faculty Scholarship

Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

Faculty Scholarship

Because of federal constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, Professor Tung recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

Habermas's Discourse Theory Of Law And Democracy, Hugh Baxter

Faculty Scholarship

In his 1992 book, "Between Facts and Norms," Jürgen Habermas develops a two-part theory of law and democracy. This article examines the first part – the “reconstructive” part – in which Habermas seeks the most basic principles that justify modern legal and political orders, as well as the institutions and practices through which those principles are realized. Habermas's aims in this part of his theory are ambitious. His largest goal is to reconcile classic tensions in political theory, most notably the tension between basic rights and democracy – or, in terms of American legal theory, the “countermajoritarian difficulty.” He argues …

The Place Of Marriage In Democracy's Formative Project, Linda C. Mcclain

Faculty Scholarship

Shoring up the institution of marriage is a theme in the "mar riage movement" and in recent legislative debates over welfare reform and family policy. One common premise is that strength ening marriage and renewing a "marriage culture" is vital to national health and that the best way for government, at all lev els, to strengthen and support families and to foster the well being of children is to promote and support marriage (Marriage Movement; Bush, 2002) Calls to renew civil society identify marital, two-parent families as foremost among the seedbeds of civic virtue upon which our Nation depends for …