Digital Commons Network^™

Targeting Workplace Harassment In Quebec: On Exporting A New Legislative Agenda, Debra Parkes

All Faculty Publications

For over twenty-five years, Canadian law has prohibited sexual harassment and other forms of discriminatory harassment (meaning harassment that relates to the target's race, disability, sexual orientation, or other similar characteristic). Recent amendments to the Quebec Labour Standards Act aim to fill a gap in the law that currently provides a remedy (under human rights legislation) for discriminatory harassment, but not for harassment that is not obviously linked to the target's membership in a protected class such as that based on race, sex, religion, disability or sexual orientation. This paper takes a preliminary look at this new legislative initiative. It …

Strengthening Domestic Corporate Activity In Global Capital Markets: A Canadian Perspective On South Africa's Corporate Governance, Janis P. Sarra

All Faculty Publications

As a Canadian corporate law scholar who recently had the opportunity to visit South Africa, I was humbled by both the profound challenges and the immutable positive spirit of the South African people when it comes to thinking about their economic and social future. Hence while this paper is a reflective discussion on the kinds of challenges that exist and the strategies that could be deployed to enhance corporate governance in South Africa, it must be emphasized at the outset that it is for Sub-Saharan African nations to develop their own governance models. They are best positioned to adopt strategies …

Test Of Detente: Soviet-American Relations And The Yom Kippur War, David Zierler

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Through The Looking Glass: The Communication Between Nonprofit Coalitions And The Community, Matthew G. Isbell

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Gender In Public Policy : A Rhetorical Analysis Of "The Montana Women's Report", David Brooks

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Subhousepit 3: Assessing The Role Of A Small Semisubterranean Mat Lodge In Late Plateau Horizon Settlement Strategies, Lucille E. Harris

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Sanctions For Being| Transvalued Ritual In The Poetry Of Wallace Stevens, Jason F. Sloat

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

Setting Upper Limits On The Strength Of Periodic Gravitational Waves From Psr J1939+2134 Using The First Science Data From The Geo 600 And Ligo Detectors, B. P. Abbott, R. Abbott, Mario C. Diaz, Wm. R. Johnston, Joseph D. Romano, Cristina V. Torres

Physics & Astronomy Faculty Publications

Data collected by the GEO 600 and LIGO interferometric gravitational wave detectors during their first observational science run were searched for continuous gravitational waves from the pulsar J1939+2134 at twice its rotation frequency. Two independent analysis methods were used and are demonstrated in this paper: a frequency domain method and a time domain method. Both achieve consistent null results, placing new upper limits on the strength of the pulsar’s gravitational wave emission. A model emission mechanism is used to interpret the limits as a constraint on the pulsar’s equatorial ellipticity.

Analysis Of Ligo Data For Gravitational Waves From Binary Neutron Stars, B. P. Abbott, R. Abbott, Wm. R. Johnston, Joseph D. Romano, V. Schmidt

Physics & Astronomy Faculty Publications

We report on a search for gravitational waves from coalescing compact binary systems in the Milky Way and the Magellanic Clouds. The analysis uses data taken by two of the three LIGO interferometers during the first LIGO science run and illustrates a method of setting upper limits on inspiral event rates using interferometer data. The analysis pipeline is described with particular attention to data selection and coincidence between the two interferometers. We establish an observational upper limit of R

Bulletin 2004-2005, Seattle University School Of Law

Viewbooks

No abstract provided.

Valuation Of Privately-Held-Company Equity Securities Issued As Compensation; Aicpa Audit And Accounting Practice Aid Series, American Institute Of Certified Public Accountants

Guides, Handbooks and Manuals

No abstract provided.

Cpa's Guide To Accounting, Auditing, And Tax For Construction Contractors;, Michael J. Ramos

Guides, Handbooks and Manuals

No abstract provided.

Cpa's Guide To Understanding And Controlling Spam, Roman H. Kepczyk, American Institute Of Certified Public Accountants. Information Technology Section

Guides, Handbooks and Manuals

No abstract provided.

The Implementation Of Fda Determinations In Litigation - Why Do We Defer To The Pto But Not To The Fda?, William G. Childs

Faculty Scholarship

This Article examines the possible inequity of the treatment of licensees' rights in tort litigation in comparison to patent rights in patent litigation. In particular, this Article presents the presumptions afforded from issued patents as a valid model for the proper treatment of FDA approval in litigation. Presently, most academic discussion proposes either preclusion of tort claims or leaving the system more or less as it stands. This Article, on the other hand, proposes a middle ground.

This Article begins by examining the differences between the USPTO and the FDA. In particular, the quantity and quality of the review provided …

Bioethical Malpractice: Risk And Responsibility In Human Research, Barbara A. Noah

Faculty Scholarship

This Article provides an overview of Institutional Review Board (IRB) operations, reviews the sources of regulatory guidance, and examines the weaknesses of the existing system for the protection of human research subjects. It then discusses the scant case law relating to IRB negligence in the protection of human research subjects and explores some hypothetical circumstances under which it may be appropriate to hold a board accountable for injuries to clinical trial participants. Finally, this Article considers the potential consequences of expanded IRB liability, concluding that tort lawsometimes may serve an important function as a catalyst to regulatory reform when professional …

Introduction: What Does Oakley Tell Us About The Failures Of Constitutional Decision-Making?, Taylor Flynn

Faculty Scholarship

The Wisconsin Supreme Court's decision in State v. Oakley, in which the court upheld a probation order prohibiting Mr. Oakley from fathering additional children until he could support them, is a compelling example of a troubling flaw in our constitutional jurisprudence. Absent the countervailing check perhaps provided by the doctrine of unconstitutional conditions, each path of doctrinal analysis, considered separately, arguably leads to the conclusion that the probation order is valid. This is so even though a number of institutional, structural, and process-based considerations converge to render the order's constitutionality highly suspect. The prevailing doctrinal approach is to disaggregate the …

Probation Restrictions Impacting The Right To Procreate: The Oakley Error, Jennifer L. Levi

Faculty Scholarship

In State v. Oakley, the all-male four-justice majority held that a probation condition restricting David Oakley's right to have children passed constitutional muster. This Article discusses this question of the appropriate approach to evaluating the constitutionality of probation conditions. The Wisconsin Supreme Court's approach is compared to that of other courts in cases involving, in some way, decisions limiting a probationer's right to have children. The Author concludes that regardless of what constitutional standard or degree of scrutiny courts apply, cases can (and do) go both ways with respect to upholding or striking down probation restrictions on fundamental rights. However, …

Measuring Online Students' Ability To Apply Programming Theory: Are Web Courses Really Working?, Kathryn A. Marold, Wayne Haga

Journal of International Technology and Information Management

As a response to troubling doubts about the success of Web-delivered courses that include problem solving and critical thinking skills, the authors gathered data from two online sections of the CIS Application Programming with Visual Basic course at Metropolitan State College of Denver over two semesters and compared it with the data from classroom sections. T-tests showed a significant difference in the means of student projects and tests that required application of theory learned. All sections of the course used the same syllabus and assignments and were taught by the same instructor. Internet students scored significantly lower in theory portions …

Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow

Seattle University Law Review

This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a …

Rethinking Attorney Liens: Why Washington Attorneys Are Forced Into "Involuntary" Pro Bono, Zach Elsner

Seattle University Law Review

After a brief discussion of the history of the attorney lien in Part II, Part III discusses the basic rules governing the attorney lien in Washington. Part IV of this Comment discusses the various limitations on attorney liens and how those limitations have discouraged use or encouraged misuse of the statute. Part IV begins with a discussion of general professional responsibility concerns and continues with withdrawal and termination as they relate to attorney liens. Part IV concludes the Comment with a discussion of the inconsistencies of the retaining lien and a discussion of the various limitations on the charging liens.

Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti

Seattle University Law Review

The scope of this Note focuses on whether the courts have adequately corrected the substantive failures of mandatory arbitration agreements when they permit consumers to prove prohibitive costs. Part II of this Note explores the origin and history behind the adoption of the FAA and the legislative desire to place parties of equal bargaining power in a position to arbitrate. Part III examines the acceptance of this defense in other jurisdictions. Part IV considers the Mendez case and analyzes Washington's newly adopted approach to invalidate mandatory arbitration clauses in consumer contracts. Part V illustrates the appropriateness of this defense and …

The Alaska Statehood Act Does Not Guarantee Alaska Ninety Percent Of The Revenue From Mineral Leases On Federal Lands In Alaska, Ivan L. Ascott

Seattle University Law Review

This Comment argues that Alaska's position that Congress purposefully incorporated the Mineral Leasing Act into the Statehood Act through section 28(b), and in doing so, permanently granted the state ninety percent of the revenues from mineral development on federal lands, is legally incorrect. The text of the Act simply does not support the position that mineral-lease and royalty proceeds from federal lands are part of Alaska's "compact." In addition, the legislative history of the Act does not support Alaska's position, nor does case law that has addressed related issues. Following this Introduction, Part II of this Comment expands on Alaska's …

Volume Index, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert

Seattle University Law Review

This article examines the FCC's vigorous new approach to indecency and profanity determinations, including both the legal issues and the greater cultural, political, economic, and social contexts in which that approach is developing. Part I describes the FCC's initial decision regarding the Golden Globes' 2003 broadcast and then compares it with the March 2004 reversal. In the process, Part I lays the historical framework for the FCC's power over indecent expression on the public airwaves. Part II then contextualizes the FCC's new course of action within the framework of the ongoing cultural wars and political battles in the United States …

Electoral Recall In Washington State And California: California Needs Stricter Standards To Protect Elected Officials From Harassment, Joshua Osborne-Klein

Seattle University Law Review

This article highlights the weaknesses of the electoral recall mechanisms in California and the way in which the Washington recall process has avoided such weaknesses. Part II provides general background information on the development of recall mechanisms. Part III explores how the United States Supreme Court has ruled on recall attempts and the specific guidance the Court has provided for states in developing adequately protective recall processes. Part IV analyzes the strengths and weaknesses of the California recall provisions by examining the recall-related opinions of California courts and the complexities of Governor Davis's recall. Part V provides a solution to …

The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill

Seattle University Law Review

In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …

You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler

Seattle University Law Review

Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …

Paleocollapse Structures As Geological Record For Reconstruction Of Past Karst Processes During The Upper Miocene Of Mallorca Island, P. A. Robledo Ardila, J. J. Durán, L. Pomar

International Journal of Speleology

Paleocollapse structures and collapse breccias are one of the major features for paleokarst analysis and paleoclimate record. These are affecting the Llucmajor and Santanyí carbonate platforms. These platforms, of southern and eastern Mallorca respectively, are a good example of progradation reef platform in the western Mediterranean. The Santanyí platform is constituted of two sedimentary units, both affected by paleocollapse structures: (1) The Reef Complex attributed to the upper Tortonian-lower Messinian; (2) Santanyí Limestone attributed to the Messinian. There are abundant paleocollapse outcropping in the Reef Complex and Santanyí Limestone units. These structures have been produced by roof collapse of caverns …

The Role Of The Environmental Archaeologist In The Study And Reconstruction Of Cave Palaeoclimate, Maria Gkioni

International Journal of Speleology

Man and environment are engaged in a continuous battle to impose themselves on one another. The results are found in environmental modifications or climatic oscillations and, as far as man is concerned, in the different character of cultural remains. Man responds to environmental changes by migrating or evolving technological innovations, both of which leave important remains that the archaeologist is called on to recognise and interpret during and after an excavation. They both also reflect the sociocultural responses to climatic stress. This paper refers to a specific case study, caves, which housed man and his activities from the very early …

Have You Impaired Your Independence By Performing Nonattest Services For Your Attest Clients? Professional Ethics Quiz, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.