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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 …

Measures Necessary To Ensure: The Icj's Provisional Measures Order In Avena And Other Mexican Nationals, Robert D. Sloane

Faculty Scholarship

This article analyzes the provisional measures order of the International Court of Justice (ICJ) in Avena and Other Mexican Nationals, the first provisional measures order issued by the ICJ after its decision in LaGrand holding that such orders have binding effect. After reviewing the background to Mexico's action, the article focuses on Avena's place in the Court's provisional measures jurisprudence, its international legal significance, its potential effects, if any, on the ICJ's perceived institutional legitimacy and authority, and its legal and political consequences for the United States. In particular, the article examines the domestic legal implications of the Court's order …

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 …

Slavery And Tort Law, Keith N. Hylton

Faculty Scholarship

This paper evaluates the claim for slavery reparations from a torts perspective. I start with an examination of the injuries inflicted on slaves, and the extent to which tort law provides a vehicle for redressing these injuries. I then take up the question of derivative claims, claims brought by someone other than the direct victim, a category which covers the reparations complaint. Lastly, I discuss the accounting demand by the reparations plaintiffs. The derivative status of reparations claims presents special obstacles for plaintiffs. However, applying today's law to slavery should be viewed as bringing law to a regime from which …

Fire, Metaphor, And Constitutional Myth-Making, Robert L. Tsai

Faculty Scholarship

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court's decision. At the same time, it argues that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories, but …

Speech And Strife, Robert L. Tsai

Faculty Scholarship

The essay strives for a better understanding of the myths, symbols, categories of power, and images deployed by the Supreme Court to signal how we ought to think about its authority. Taking examples from free speech jurisprudence, the essay proceeds in three steps. First, I argue that the First Amendment constitutes a deep source of cultural authority for the Court. As a result, linguistic and doctrinal innovation in the free speech area have been at least as bold and imaginative as that in areas like the Commerce Clause. Second, in turning to cognitive theory, I distinguish between formal legal argumentation …

Forcible Medication For Courtroom Competence: The Case Of Charles Sell, George J. Annas

Faculty Scholarship

The right to refuse treatment is firmly recognized in U.S. law. Competent persons have the legal right to refuse treatment, even life-sustaining treatment, and incompetent patients can also refuse treatment through an advance directive, by naming a health care agent to make decisions for them or by having a person who knows their wishes express them.

Politics, Morals And Embryos, George J. Annas, Sherman Elias

Faculty Scholarship

Bioethics in the United States reflects US culture and tends to be pragmatic, market-oriented and insular. Add embryo politics to this mix and, over the past few years, the result has been a bioethics that has become so narrow and selfabsorbed as to be virtually irrelevant to the rest of the world. Not all the blame for this can be placed on President George W. Bush’s political agenda for his President’s Council on Bioethics, now in its third year of operation, but much can. The council has made public bioethics the servant of politics by pursuing a narrow, embryo-centric agenda. …

Aedpa's "Adjudication On The Merits" Requirement: Collateral Review, Federalism, And Comity, Robert D. Sloane

Faculty Scholarship

The modern law of federal habeas corpus is a labyrinth of counterfactuals and arcane procedural hurdles that few state petitioners manage to navigate-as Justice Blackmun once wrote less charitably in dissent, "a Byzantine morass of arbitrary, unnecessary, and unjustifiable impediments to the vindication of federal rights." The convoluted inquiries required arise from the need to reconcile three developments of the past four decades that remain in tension with one another: first, the Warren Court's expansion of federal habeas relief, identified with Fay v. Noia and its progeny; second, the Burger and Rehnquist Courts' curtailment of that expansion, identified with Wainwright …

Do We Have A Right To Speak With Another's Language? Eldred And The Duration Of Copyright, Wendy J. Gordon

Faculty Scholarship

The law embodies two contradictory sets of rights and interests pertaining to copyright and speech. On the one hand. stand authors' claims to deserve compensation and control over their works. On the other hand stand the public's claims to be free to build on and deploy the cultural works that pervade daily life.

Negotiating Gender And (Free And Equal) Citizenship: The Place Of Associations, Linda C. Mcclain

Faculty Scholarship

This article focuses on the place of associations within John Rawls's political liberalism and in feminist liberalism. It revisits crucial components of political liberalism in light of feminist criticisms, such as those of Susan Moller Okin and Martha Nussbaum, that political liberalism's protection of associational life hinders women's free and equal citizenship. Offering a different reading of Rawls, it finds greater potential to draw on political liberalism to support such citizenship. It then brings liberal feminist ideas about the place of associations into dialogue with recent feminist work on gender, rights, and culture calling for models of rights within culture …

An Offer Of Firm Resettlement, Robert D. Sloane

Faculty Scholarship

The Attorney General lacks discretion to grant asylum to any refugee "if, prior to arrival in the United States, he or she entered into another nation with, or while in that nation received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement." This rule, the doctrine of firm resettlement, is unique among the mandatory bars to asylum in the United States. It does not reflect a societal judgment about the moral fitness of an asylum applicant's character-as, for example, does the bar that prohibits granting asylum to persons with a history of violent criminal behavior. …

Making Workshops Work, Gary S. Lawson

Faculty Scholarship

The internal faculty workshop is a staple of the modern law school environment. It serves both social and intellectual functions within the faculty community. Socially, workshops are among the few occasions when large numbers of faculty assemble in the same room to do anything other than argue about appointments or the academic calendar. They are also often the primary-or even the only-way in which faculty learn what their colleagues in different fields are doing.' Intellectually, workshops are intended to improve the work product of the presenters and to sharpen or expand the thinking of the audience members.

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 …

Improving Workflow In Home Healthcare Industry: A Case Study, Mohan Rao, Norma Teran, Michael Savard

Journal of International Technology and Information Management

Home healthcare industry is facing increasing pressure to change business processes and manage information flow electronically. With the help of a case example, this paper describes how a web- based system could improve the workflow communication problems in home healthcare companies. Every department of the case company has its own software to assist in everyday operations but is unable to communicate with one another electronically. All documents necessary in the coordination of care have to move physically between departments. The proposed solution is a web-based electronic form management system that would improve regulatory compliance and operating efficiency.

The Ecology Of Interorganizational Information Sharing, Jane Fedorowicz, Janis L. Gogan, Amy W. Ray

Journal of International Technology and Information Management

Increasingly, companies use interorganizational information systems to support business process partnerships, such as automatic replenishment systems and other supply chain initiatives, invoicing and payments, and insurance claims processing. Inter-firm networking in turn can increase the visibility of information generated and used by business partners. These business partners may experience intended and unintended impacts from the changes in the partnering relationship, in effect altering the ecology of the organization. Yet IT researchers rarely study an organization’s ecology, focusing instead on impacts upon internal processes. Our goal in this paper is to propose a definition of interorganizational information ecology, to provide IT …

Building Data Warehouses Using The Enterprise Modeling Framework, Joseph O. Chan

Journal of International Technology and Information Management

This paper proposes an enterprise modeling framework for the deployment of data warehouses. The framework provides the information roadmap coordinating source data and different data warehouses across the business enterprise. The paper introduces a solution to address data warehousing issues at the enterprise level while avoiding the pitfalls of creating enterprise data warehouses and universal data marts. It further proposes a change of paradigm from point solutions focus to a methodology driven by enterprise requirements to meet the challenges of the new economy. The proposed framework emphasizes the separation of the conceptual construct from the physical and operational constructs of …

Two Developing Countries With Two Different Economic Results: A Comparative Study Of Thailand & Morocco, Debora J. Gillard

Journal of International Technology and Information Management

After visiting Thailand in 1996 and Morocco in 2001, it was very evident that these two countries had many similarities. Both countries are ruled by monarchs, both are developing countries, and both have overcome many adversities. However, today we find these two countries are very different in their involvement in the global community and in their local economic development. This paper is a study of similarities and differences in the development of Thailand and Morocco which has resulted in the current economic status.

Aicpa Professional Standards: Peer Review As Of June 1, 2004, American Institute Of Certified Public Accountants. Peer Review Board

AICPA Professional Standards

No abstract provided.

Aicpa Professional Standards: Statement On Responsibilities In Personal Financial Planning Practice As Of June 1, 2004, American Institute Of Certified Public Accountants. Personal Financial Planning Executive Committee

AICPA Professional Standards

No abstract provided.

Aicpa Professional Standards: Statements On Standards For Tax Services As Of June 1, 2004, American Institute Of Certified Public Accountants. Tax Executive Committee

AICPA Professional Standards

No abstract provided.

The Equal Access Act: Still Controversial After All These Years, Leora Harpaz

Faculty Scholarship

Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …

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 …