Digital Commons Network^™

The Landmark Free-Speech Case That Wasn't: The Nike V. Kasky Story, David Skover, Ronald Collins

Faculty Articles

Written as the Foreword to a Symposium entitled Nike v. Kasky and the Modern Commercial Speech Doctrine, this piece tells the background stories that brought the Nike v. Kasky players to the steps of the U.S. Supreme Court and beyond. Subsequently, it explores the principles and perspectives at tension in the Nike controversy, and charts the lessons of the Nike story - legal, political, and cultural.

Litigation Expenses And The Alternative Minimum Tax, Gregg D. Polsky, Brant J. Hellwig

Scholarly Works

One of the chief features of the alternative minimum tax (the "AMT") is a broadened tax base, accomplished in part through the disallowance of deductions that are not central to measuring an individual's net income. Yet in achieving its objective of limiting deductions, the AMT casts a wide net. Thus, in certain instances, an individual can be robbed of the tax benefit of expenses that were critical to the production of the income being taxed. An extreme example of this problem is the treatment of certain litigation expenses under the AMT. If an individual incurs attorney fees and other associated …

Comment, Time For A Legislative Change: Florida's Stagnant Standard Governing Mental Competency For Execution, Elizabeth Chamblee Burch

Scholarly Works

No abstract provided.

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2003 the United States Court of Appeals for the Eleventh Circuit decided two cases concerning the Clean Air Act, holding that provisions allowing the Environmental Protection Agency (“EPA”) to address compliance issues through the issuance of administrative compliance orders are unconstitutional2 and that the Clean Air Act does not waive the United States’ defense of sovereign immunity in an action for punitive penalties for past violations of air pollution laws. The court also considered for the first time the circumstances under which a state enforcement action would preempt a citizen suit under the Clean Water Act. This Article also …

Academic Law Library Directors’ Law School Courses, Ann Puckett

Scholarly Works

Summarizes informal survey of law library directors concerning topics on which they have taught courses.

The Contingent Attorney's Fee Tax Trap: Ethical, Fiduciary Duty, And Malpractice Implications, Gregg D. Polsky

Scholarly Works

In employment and civil rights lawsuits, the alternative minimum tax may cause a plaintiff's net recovery to be taxed at rates significantly higher than the current maximum rate of 35 percent. This Essay discusses the ethical, fiduciary duty and malpractice implications for lawyers representing plaintiffs who may be affected by this tax trap.

Popular Culture As A Lens On Legal Professionalism, Alex Scherr, Hillary Farber

Scholarly Works

Why use art to teach lawyering?' Despite divergences in method and intention, the two disciplines overlap. If the prevalence of lawyers in movies, television, literature, and even humor means anything, popular culture remains fascinated with lawyers. Our practices, our ethics, and our professional personae serve as a mine for image and narrative, a target for cultural critique, and a catalyst for expression. Not surprisingly, images of lawyers in cartoons, film, television, and literature offer unique opportunities to teach and explore professionalism. The proliferation of lawyer images in popular culture provides an array of material ranging from career choice to particular …

The Tobacco-Related Behavioral Risks Of A Nationally Representative Sample Of Adolescents, Dolores W. Maney, Joseph J. Vasey, Beverly S. Mahoney, Sarah C. Gates, D. A. Higham-Gardill

Faculty Publications and Presentations

The study's purpose was to determine which factors were the strongest predictors of tobacco smoking behaviors among U.S. adolescents. The population included a nationally representative sample of 6,504 adolescents residing in the U.S. Data were collected in respondents 'homes using trained interviewers. Weighted population estimates showed that over half (55.6%) of adolescents had "ever tried smoking," nearly half of whom (48.2%) reported "regular smoking." Those whose closest friends smoked were twice as likely to "ever smoke " (OR = 2.24, p<.001), twice as likely to be a "regular smoker" (OK = 2.28, p <.OO1), and more likely (b = 5.15p <.OO1) to have smoked daily than those whose friends do not smoke. Results show the very strong influence of friendships on tobacco initiation and continuance among this national sample of adolescents. Recommendations for primary and secondary prevention are noted.

Affirmative Action In The Workplace: The Signficance Of Grutter?, Rebecca H. White

Scholarly Works

The Supreme Court's decision last term in Grutter v. Bollinger answered important questions about the affirmative use of race in the educational context. I have been asked by the editors of the Kentucky Law Journal to explore the impact the decision is like to have on affirmative action in a different context--employment. Simply put, to what extent does Grutter affect a public or private employer's ability to voluntarily adopt an affirmative action plan in order to diversify its workplace? The short answer, of course, is that the Grutter decision does not directly apply to the affirmative use of race or …

Guantánamo, Diane Marie Amann

Scholarly Works

This article addresses not only offshore detainees at Guantánamo and elsewhere, but also the two Americans and one Qatari held in the United States as enemy combatants. It focuses on the critical issues in U.S. litigation - extraterritoriality and deference - yet also examines the scope of detention and the propriety of proposed special tribunals. After demonstrating that in the wake of September 11, 2001, no U.S. constitutional precedent governed these issues, the article then looks to norms drawn from international humanitarian and human rights law to aid decision. The Supreme Court increasingly consults such external norms as persuasive authority; …

Defining Democracy: The Supreme Court's Campaign Finance Dilemma, Lori A. Ringhand

Scholarly Works

On December 10, 2003 the United States Supreme Court issued its decision in McConnell v. FEC. In McConnell, the Court was asked to determine the constitutionality of the Bipartisan Campaign Reform Act ("BCRA"). A divided Court, in a deeply fractured decision in which six justices wrote individual opinions, upheld the major provisions of the legislation. Yet despite the almost 300 pages of reasoning provided by the Court, and a voluminous record developed by the district court, the Justices could not agree on what purportedly is the central issue in campaign finance law: whether the challenged regulations were necessary …

Front Matter

Michigan Law Review

No abstract provided.

The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards

Michigan Law Review

Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities?" The Court's answer was precise and straightforward: "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs ... are, by reason of the segregation complained of, …

Front Matter

Michigan Law Review

No abstract provided.

Biomarkers Of Xeno-Oestrogen Exposure In Decapod Crustaceans, Matthew Burton Sanders

School of Biological and Marine Sciences Theses

Many anthropogenic chemicals, most notably xeno-oestrogens, are known to have the potential to disrupt vertebrate endocrine systems. Induction of the female-specific protein vitellogenin (Vtg) in male fish, for example, is a well-known effect of exposure to xeno-oestrogens and serves as a biomarker of such exposure. There have been few comparable studies of putative biomarkers of endocrine disruption in decapods. The current study aimed to establish if reproduction and development of two decapods, the prawn, Palaemon elegans and the crab, Carcinus maenas, were affected following exposure to known oestrogenic chemicals and whether a biomarker approach, analogous to that for vertebrates, could …

Biomarkers Of Chemical Impacts In The Freshwater Invertebrates Asellusaquaticus And Pacifastacus Leniusculus, Anne Jennie O'Neill

School of Biological and Marine Sciences Theses

The international scientific community has grown increasingly concerned that exposure to low levels of anthropogenic chemicals may disturb hormone function and/or sub lethal toxicity to other cells or organ systems in vertebrate and invertebrate species. This research programme was designed to develop, evaluate, and apply a range of biological and chemical indicators in the laboratory and/or field to assess the impact of sublethal toxicants including potential endocrine disaipting chemicals in the aquatic invertebrates, Asellus aquaticus (isopod) and Pacifasiacus leniiisciiius (decapod). Laboratory exposures of A. aquaticiis to environmentally realistic concentrations of known contaminants present within the river systems have demonstrated a …

Tamil Asylees And U.S. Social Workers : Intercultural Communication In The Context Of Refugee Services, Emily Josephine Hagadorn

University of the Pacific Theses and Dissertations

This research study explored how intercultural communication factors such as values and communication styles might affect the interaction between Tamil asylees and their U.S. social workers. For this qualitative study, I interviewed 11 Tamil asylees and conducted a focus group with 3 U.S. social workers at an agency serving the Tamil participants. Based on the findings of this research as well as the literature review, this thesis reveals culture-specific information about Tamil asylees and highlights the implications of the research to the fields of intercultural communication, refugee studies, and social work. Findings revealed the following: culture general assumptions overshadow the …

"Doublethink"Ing Privacy Under The Multi-State Antiterrorism Information Exchange, Thomas V. Burch

Scholarly Works

This Article examines the development of the Matrix program and analyzes its effect on what Justices Warren and Brandeis termed the individual's "right to be let alone." To understand the Matrix's effect on individual privacy, one must scrutinize the program in the context of United States history.From the Alien and Sedition Acts to the Red Squads of the 1960s and 1970.

Part II of this Article examines how civil liberties often suffer unnecessarily in times of national crisis. Part III then discusses how this truism applies in the current "war on terror" and details the development and operation of the …

If The Shoe Fits: Kasky V. Nike And Whether Corporate Statements About Business Operations Should Be Deemed Commercial Speech, Jason A. Cade

Scholarly Works

This Note argues that the Kasky court was correct to recognize that today's commercial speech encompasses communications beyond traditional advertisements about products or services. Corporations are aware that a sizeable number of consumers rely on their statements about their business operations when making investment and purchasing decisions. In order to ensure the accuracy of these statements, and thereby protect the integrity of the market, this speech is properly considered commercial speech.

A Grounded Theory Analysis Of Novice And Veteran Principals Through The Dreyfus And Greenfield Models, Shobhana Rishi

University of the Pacific Theses and Dissertations

The purpose of this exploratory study was to develop categories of work meaningful to elementary school principals that are significant at the beginning of one's career and after ten or more years on the job. A total of 15 public elementary school principals were interviewed. Using grounded theory, the interview data were analyzed and coded for topics that represented work concerns in beginning and later career. The results were interpreted within the Dreyfus model of learning to identify the principals' levels of performance and through the Greenfield model to identify the areas of principal work that presented continuing challenges for …

Render Copyright Unto Caesar: On Taking Incentives Seriously, Wendy J. Gordon

Faculty Scholarship

This Essay suggests we bifurcate our thinking. Conventional copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Much recent scholarship contains dramatic suggestions to secure a freedom to be creative, rewrite, and be imaginative. My work has long sought to defend such freedoms, but I believe we understand imagination and its conditions too little to employ it as a starting point. I suggest instead that we acquire a better conceptual map of the generative process and …

Bulletin 2004-2005, Seattle University School Of Law

Viewbooks

No abstract provided.

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as “demonstrative evidence,” evidence that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live …

Gats Impacts On Entry Modes And Defensive Marketing Strategies In The Egyptian Banking Sector, Mansour Salman Mohamad Abdel-Maguid Lotayif

Plymouth Business School Theses

This research examines the effects of GATS agreements, both on entry modes and defensive marketing strategies in the Egyptian banking sector. The research population is the Egyptian banking sector, employing a total of 83179, from which a representative sample (equal to 800 responses) was selected. As the research aims are diversified, this sample was divided into two main groups i.e. local banks and foreign branches, investigated using different questionnaires. The latter population includes all the foreign branches working in the Egyptian market; the former includes all banks working in Egypt regardless of their ownership status. Four objectives have been pursued …

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 …