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2007

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Articles 20161 - 20190 of 20193

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Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson Jan 2007

Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson

Seattle University Law Review

This Comment explores Washington's changing philosophy of shareholder voting and how the current developments to Washington's corporate law have impacted shareholder voting group rights. In light of Washington's corporate law history, the underlying reasons for the amendments, and case law, this Comment argues that the recent amendments have altered, rather than preserved, what has been historically the true philosophy underlying Washington corporate law: minority shareholder rights. Part II of this Comment tracks the evolution of voting group rights through past Washington law and until the present Washington Business Corporation Act. Part III discusses the underlying reasons for the amendments, addresses …

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Washington's Way: Dispersed Enforcement Of Growth Management Controls And The Crucial Role Of Ngos, Henry W. Mcgee, Jr. Jan 2007

Washington's Way: Dispersed Enforcement Of Growth Management Controls And The Crucial Role Of Ngos, Henry W. Mcgee, Jr.

Seattle University Law Review

Though there is a valuable and extensive collection of literature on prawl efforts in both states, this Article examines Washington's Growth Management Act and the critical role that NGOs play in supporting the GMA. Specifically, this Article looks at Washington's GMA from three perspectives-legal, historical, and empirical and proposes that NGOs are vital to the GMA's enforcement. Because NGOs are so critical to the enforcement of the GMA, the question of how the courts interpret the scope of authority of growth management hearing boards when deciding growth management cases becomes very important. A decrease in the authority of the hearing …

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"Original Acts," "Meager Offspring," And Titles In A Bill's Family Tree: A Legislative Drafter's Perspective On City Of Fircrest V. Jensen, Kristen L. Fraser Jan 2007

"Original Acts," "Meager Offspring," And Titles In A Bill's Family Tree: A Legislative Drafter's Perspective On City Of Fircrest V. Jensen, Kristen L. Fraser

Seattle University Law Review

This Article takes a closer look at the "dark and bloody ground" of City of Fircrest v. Jenson from the perspective of a legislative drafter, and discusses several flaws in the Fircrest plurality's approach. First, by focusing on the title of an "original act," the plurality's resurrection of the St. Paul analysis (under which the title of an "act" may be used to determine whether a subsequent "amendatory act" complies with the subject-in-title requirement of Article II, section 19 of the state constitution) conflicts with legislative use and implementation of Article II, section 19. Second, Fircrest and St. Paul thwart …

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Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson Jan 2007

Chinks In The Armor: Municipal Authority To Enact Shoreline Permit Moratoria After Biggers V. City Of Bainbridge Island, Ryan M. Carson

Seattle University Law Review

Why would a relatively mundane dispute over what amounts to a few cubic yards of concrete warrant the extensive discussion encom passed in this Note? This dispute gives rise to a fundamental question about power: What is the scope of municipal power under one of Washington's most important environmental protection laws? Additionally, questions arise about competing normative values within environmental protection, property rights, and responsible land use and development. Placed against a backdrop of growing contentiousness surrounding these issues in Washington politics, the relevance and timeliness of these questions cannot be doubted.

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The Constitutional And Statutory Framework Organizing The Office Of The United States Attorney, Christian M. Halliburton Jan 2007

The Constitutional And Statutory Framework Organizing The Office Of The United States Attorney, Christian M. Halliburton

Seattle University Law Review

The U.S. Attorney position is one characterized by a broad delegation of the duty to enforce the laws of the United States, and to appear on behalf of the government in any civil action involving the United States or its revenues. This delegation of duties necessarily entails the exercise of discretion, and that exercise of discretion necessarily depends on the United States Attorneys' independence of judgment. The U.S. Attorney can thus be described as an agent with multiple principles, or a servant of two masters: the U.S. Attorneys clearly serve at the "pleasure" of the President, must be responsive to …

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The U.S. Attorney Firings Of 2006: Main Justice's Centralization Efforts In Historical Context, James Eisenstein Jan 2007

The U.S. Attorney Firings Of 2006: Main Justice's Centralization Efforts In Historical Context, James Eisenstein

Seattle University Law Review

The media, the political establishment, and the federal criminal jus-community's focus on the compelling story of the firings is hardly surprising. The details emerged over a period of many months through leaks, internal Department of Justice (DOJ) emails, press releases, interviews, and dramatic congressional testimony. The media's focus on the firings obscured their deeper significance with regard to the nature of the relations between the DOJ and its ninety-three United States Attorneys' Offices (USAOs). This Article addresses this omission by looking at the consequences of these events for the balance struck between central control by Main Justice in Washington and …

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Train Wreck At The Justice Department: An Eyewitness Account, John Mckay Jan 2007

Train Wreck At The Justice Department: An Eyewitness Account, John Mckay

Seattle University Law Review

In a series of early morning phone calls on December 7, 2006, seven United States Attorneys were ordered to resign. Despite initial denials, it would later be revealed that two other U.S. Attorneys had also been ordered to submit their resignations, bringing the total number to nine. Each was given no explanation for the dismissal and most were led to believe that they alone were being dismissed, raising the specter of unstated wrongdoing and encouraging silent departures. Those dismissed uniformly cited the maxim that they "served at the pleasure of the President" and most sought to avoid publicly disputing the …

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Live And Learn: Depoliticizing The Interim Appointments Of U.S. Attorneys, Laurie L. Levenson Jan 2007

Live And Learn: Depoliticizing The Interim Appointments Of U.S. Attorneys, Laurie L. Levenson

Seattle University Law Review

Following the U.S. Attorney purge of 2006-2007, it is time to reassess the approach used to appoint interim U.S. Attorneys. Recent events have taught us how quickly U.S. Attorneys can become political pawns. Indeed, this scandal has jeopardized the credibility of federal prosecutors, disillusioned career prosecutors in those positions, and called into question the separation between professionalism and politics in the enforcement of our federal laws. To restore confidence in U.S. Attorneys Offices, a reexamination of the interim appointment process is critical so that the mistakes of 2006 are not repeated.

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Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen Jan 2007

Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen

Seattle University Law Review

The Global Online Freedom Act of 2007 promotes freedom of expression on the Internet by prohibiting U.S. businesses from cooperating with officials in Internet-restricting countries. While the Act should be commended for imposing a higher standard of ethical business practices on U.S.corporations, there are significant problems with curing China's censorship policies by imposing liability on U.S. Internet companies. The standards and recommendations proposed by Congress within the Act correspond with an inherently American conception of freedom of expression. Thus, the Act imposes our domestic standards, rooted in the First Amendment, on states with very different political ideologies. A better alternative …

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Table Of Contents, Seattle University Law Review Jan 2007

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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Mostly Unconstitutional: The Case Against Precedent Revisited, Gary S. Lawson Jan 2007

Mostly Unconstitutional: The Case Against Precedent Revisited, Gary S. Lawson

Faculty Scholarship

In Part I of this Article, the author briefly recaps the argument against precedent that the author sketched in The Constitutional Case Against Precedent. Although the author’s purpose here is to refine that argument, the author still believes that the original argument is right in most particulars, and it still functions as a prima facie case against the use of precedent in constitutional interpretation. In Part II, the author surveys different possible grounds for the practice of precedent. In Part III, the author dismisses the possibility that the Constitution or some other controlling legal source affirmatively commands the use of …

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Eogenetic Karst, Glacioeustatic Cave Pools And Anchialine Environments On Mallorca Island: A Discussion Of Coastal Speleogenesis, Angel Ginés, Joaquín Ginés Jan 2007

Eogenetic Karst, Glacioeustatic Cave Pools And Anchialine Environments On Mallorca Island: A Discussion Of Coastal Speleogenesis, Angel Ginés, Joaquín Ginés

International Journal of Speleology

Coastal karst is characterized by special geomorphologic and hydrodynamic conditions as well as by peculiar sedimentary, geochemical, and biospeleological environments. Generally, the more distinctive karstic features produced near the coastline are strongly influenced by sea-level changes, which generate a broad set of interactions between littoral processes and karst development. The glacioeustatic rises and falls of sea level affected the littoral karst in different ways, namely: vertical and horizontal shifts in the shoreline position, changes in elevation of the local water table, and vertical displacements of the halocline. Most eogenetic karsts have been subjected over long time spans to repeated changes …

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The Bush Administration's Terrorist Surveillance Program And The Fourth Amendment's Warrant Requirement: Lessons From Justice Powell And The Keith Case, Tracey D. Maclin Jan 2007

The Bush Administration's Terrorist Surveillance Program And The Fourth Amendment's Warrant Requirement: Lessons From Justice Powell And The Keith Case, Tracey D. Maclin

Faculty Scholarship

This article was written for a symposium issue of the University of California at Davis Law Review on the fortieth anniversary of Katz v. United States. The article analyzes the Bush Administration's claim that the President has the authority to order warrant less electronic surveillance of communications between American citizens and persons abroad suspected of having connections with foreign terrorists groups. When evaluating this claim, my article focuses on a case that could be characterized as more constitutionally robust and stronger Katz. That case is United States v. United States District Court, also known as Keith. The Keith ruling held …

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The Arab Charter On Human Rights 2004, Susan M. Akram Jan 2007

The Arab Charter On Human Rights 2004, Susan M. Akram

Faculty Scholarship

The Boston University International Law Journal is publishing, for the first time, an English version of the 2004 Arab Charter on Human Rights. A very brief review of how the 2004 Arab Charter came into being introduces this English translation. The drafting history of the Arab Charter on Human Rights begins in 1960. In that year, members of the Union of Arab Lawyers (the oldest NGO in the Arab world) requested the League of Arab States (created in 1945) during their meeting in Damascus to adopt an Arab Convention on Human Rights. Eight years later, participants in the first meeting …

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Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park Jan 2007

Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park

Faculty Scholarship

In arbitration law, few matters engender more stimulating debate than the interaction of arbitrators and judges with respect to jurisdictional determinations. When one side asserts that it never agreed to arbitrate, or contests the arbitrator’s substantive mission or procedural powers, someone must determine the existence, validity, and/or scope of the arbitration clause.

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Protecting Religion Through Statute: The Mixed Case Of The United States, Jay D. Wexler Jan 2007

Protecting Religion Through Statute: The Mixed Case Of The United States, Jay D. Wexler

Faculty Scholarship

Various legislatures of the United States and those of other countries with transitional legal systems have much to learn from U.S. Congress's mixed record of protecting religious freedom through statute. While legal systems and religious culture differ tremendously worldwide, some general lessons transcend these variances. In this context, the successes and failures of the Religious Freedom Restoration Act, or RFRA, (1993) and Title VII of the Civil Rights Act (1964) are analyzed. Five major conclusions are reached, which focus on the danger of ambiguity and the need for clarity and strictness in order to prove a religious protection act effective.

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There’S Just One Hitch, Will Smith: Examining Title Vii, Race, Casting, And Discrimination On The Fortieth Anniversary Of Loving V. Virginia, Angela Onwuachi-Willig Jan 2007

There’S Just One Hitch, Will Smith: Examining Title Vii, Race, Casting, And Discrimination On The Fortieth Anniversary Of Loving V. Virginia, Angela Onwuachi-Willig

Faculty Scholarship

In this Symposium Essay, I use Loving v. Virginia as a backdrop for exploring why our society allows, without legal challenge, customer preference or discrimination to unduly influence casting decisions for actors paired in romantic couples in movies and television. In so doing, I examine how existing anti-discrimination law in employment can and should be used to address these improper influences within the entertainment industry. In Part I of the Essay, I first survey the growing practice of casting intraminority couples casting in films and television and examine how such casting, despite its appeal on the surface, may work to …

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The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane Jan 2007

The Expressive Capacity Of International Punishment: The Limits Of The National Law Analogy And The Potential Of International Criminal Law, Robert D. Sloane

Faculty Scholarship

Modern international criminal law (ICL) developed in the aftermath of World War II as an alternative to the proposal, espoused by Winston Churchill among others, that major Axis war criminals be summarily executed on sight. Because of this pedigree and the unconscionable nature of the crimes, ICL jurisprudence and scholarship have largely neglected the paramount question fundamental to any criminal justice system: the justifications for and legitimate goals of punishment. Insofar as a coherent jurisprudence of ICL sentencing can be said to exist at all, it remains correspondingly impoverished and unprincipled - comparable in some respects to that of the …

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After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George Jan 2007

After Atrocity Examples From Africa: The Right To Education And The Role Of Law In Restoration, Recovery, And Accountability, Erika George

Faculty Scholarship

This article begins to consider these important questions through a discussion of the multiple models used to address, and redress massive human rights violations in South Africa, Rwanda, and Sierra Leone. I argue that lawyers and policy makers working to advance the rule of law must consider the role of law in transitional societies not only as a means of ensuring that perpetrators of grave human rights abuses are held accountable, but also as a foundation for the future. I submit that for the rule of law to take root, the conditions of a society must be fertile; and respect …

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Medicinal Importance Of Grapefruit Juice And Its Interaction With Various Drugs, Jawad Kiani, Sardar Z. Imam Jan 2007

Medicinal Importance Of Grapefruit Juice And Its Interaction With Various Drugs, Jawad Kiani, Sardar Z. Imam

Medical College Documents

Grapefruit juice is consumed widely in today's health conscious world as a protector against cardiovascular diseases and cancers. It has however, been found to be an inhibitor of the intestinal cytochrome P - 450 3A4 system, which is responsible for the first pass metabolism of many drugs. The P - glycoprotein pump, found in the brush border of the intestinal wall which transports many of these cytochrome P - 450 3A4 substrates, has also been implicated to be inhibited by grapefruit juice. By inhibiting these enzyme systems, grapefruit juice alters the pharmacokinetics of a variety of medications, leading to elevation …

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Egypt: Criminal Procedure, Sadiq Reza Jan 2007

Egypt: Criminal Procedure, Sadiq Reza

Faculty Scholarship

This chapter presents the criminal-procedure law of Egypt according to the sources of that law: the 1971 Constitution, the 1950 Code of Criminal Procedure, the 1958 Emergency Law, and other legislation; decisions by the Supreme Constitutional Court (SCC), the Court of Cassation, and other organs of the Egyptian judiciary; and administrative and executive regulations. Included are references to controversial aspects of this law and its practice, such as the use of military courts, state security courts, and emergency courts and powers. The chapter thus serves as an introduction to modern Egyptian criminal procedure and a reference source for scholars and …

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Contract Law And Distribution In The Age Of Welfare Reform, Daniela Caruso Jan 2007

Contract Law And Distribution In The Age Of Welfare Reform, Daniela Caruso

Faculty Scholarship

This Article tracks the ongoing adaptation of U.S. contract law to the 1990s’ contraction of the welfare state. Some courts strive to compensate for the shortage of welfare services and to pursue redistributive goals. This Article provides examples of this trend and then analyzes the non-linear relation between doctrines, judicial redistribution, and welfare politics in both case law and scholarship. Finally, this Article discusses the role of socially sensitive judicial discourse in light of contemporary welfare politics and explains its continuing importance.

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The Balkanization Of Originalism, James E. Fleming Jan 2007

The Balkanization Of Originalism, James E. Fleming

Faculty Scholarship

Are we all originalists now? If anything would prompt that question, it would be Ronald Dworkin and Jack Balkin dressing up their theories in the garb of originalism (or, at any rate, being interpreted as originalists). For they are exemplars of two bete noires of originalism as conventionally understood: namely, the moral reading of the Constitution, and pragmatic, living constitutionalism, respectively.' Yet in recent years Dworkin has been interpreted as an abstract originalist2 and Balkin has now embraced the method of text and principle, which he presents as a form of abstract originalism.'

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Consumer Law As Tax Alternative, Rory Van Loo Jan 2007

Consumer Law As Tax Alternative, Rory Van Loo

Faculty Scholarship

Policymakers and scholars have in distributional conversations traditionally ignored consumer laws. Tax law dominates distributional conversations partly because legal rules are seen as less efficient and partly because consumer law research speaks to narrow and siloed contexts. Even millions of dollars in reduced credit card fees seem trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent decades. This Article is the first to synthesize the fragmented studies quantifying inefficiently higher consumer prices across diverse markets — called overcharge. These studies indicate that laws reducing overcharge could make a substantial reduction in inequality. Moreover, this …

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Personal Data Collection Via The Internet: The Role Of Privacy Sensitivity And Technology Trust, Susan K. Lippert, Paul Michael Swiercz Jan 2007

Personal Data Collection Via The Internet: The Role Of Privacy Sensitivity And Technology Trust, Susan K. Lippert, Paul Michael Swiercz

Journal of International Technology and Information Management

Policy makers and researchers from a wide range of perspectives have expressed concern about the interplay between privacy rights and information exchanges via the Internet. Of particular interest has been the challenge of protecting sensitive personal information. In this paper, we assert that user willingness to share sensitive data is an area of critical concern and requires additional investigation. In an effort to enrich the dialogue on the question of voluntary sharing of sensitive personal data via the Internet, we present a model showcasing the relationship between personal data sharing, privacy sensitivity, and technology trust and discuss how organizations can …

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Internet Entrepreneurship And Economic Growth, Gerald V. Post, John F. Pfaff Jan 2007

Internet Entrepreneurship And Economic Growth, Gerald V. Post, John F. Pfaff

Journal of International Technology and Information Management

This paper looks at national attempts to promote economic growth through the Internet. Growth can be driven through service exports or internally through increased service transactions and fostering entrepreneurship. India is often held as an example of service exports, but economic statistics show that India might not be a good example for other nations because net service trade is negative and wages have been economically distorted. Ultimately, developing nations need to find internal growth models. Internal growth could be driven though increased consumption due to improved information, or increased investment expenditures from infrastructure investments.

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Corporate Blogs Of 40 Fortune 500 Companies: Distribution, Categorization And Characteristics, Shaoyi He, Jake Zhu Jan 2007

Corporate Blogs Of 40 Fortune 500 Companies: Distribution, Categorization And Characteristics, Shaoyi He, Jake Zhu

Journal of International Technology and Information Management

This paper studies corporate blogs as virtual communities, focusing on the distribution, categorization and characteristics of 40 Fortune 500 Companies’ blogs. Firstly, the 40 corporate blogs were classified by industries to see which industries are active advocates of corporate blogs. Secondly, the 40 corporate blogs were first grouped in direct competitor clusters and then categorized into four types of virtual communities: 1) Community of interest, 2) Goal-oriented community of interest, 3) Learner’s community, and 4) Community of practice. Thirdly, eight common elements were identified and compared for each of the 40 corporate blogs to find out their major characteristics. Finally, …

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Project Management Practices In The Information Technology Departments Of Various Size Institutions Of Higher Education, Charles R. Johnston, David C. Wierschem Jan 2007

Project Management Practices In The Information Technology Departments Of Various Size Institutions Of Higher Education, Charles R. Johnston, David C. Wierschem

Journal of International Technology and Information Management

The demand for information technology at institutions of higher education is increasing at a rapid pace. It is fueled by student, faculty, and administrative needs. This paper examines project management practices at these institutions with respect to the sizes of the institutions. Survey results indicate an emphasis on operational concerns at small and medium size institutions when selecting IT projects. The prominence of the role of project manager and adoption of formal PM tools/techniques by IT departments generally increase with the sizes of the institutions. The importance of having a project plan is recognized by all sizes of institutions of …

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Strategic Alliances In Greek Mobile Telephony, Ioanna Stoili, Anastasios A. Economides Jan 2007

Strategic Alliances In Greek Mobile Telephony, Ioanna Stoili, Anastasios A. Economides

Journal of International Technology and Information Management

The mobile telephony market is a very competitive market. Mobile telephony companies try to expand by forming strategic alliances with companies from various industries. The objective of this paper is to analyze the motives, the actions and the results of the collaborations and alliances of two Greek mobile telephony companies (Cosmote and Vodafone Hellas). In addition, this paper illustrates examples of how the technology change and the technological convergence (Internet, computers, and mobile telephony) affected and activated the proliferation of these alliances. The entry of I-mode and Vodafone Live! in the Greek market caused an increase in the number of …

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Improving Credit Card Operations With Data Mining Techniques, Malini Krishnamurthi Jan 2007

Improving Credit Card Operations With Data Mining Techniques, Malini Krishnamurthi

Journal of International Technology and Information Management

Consumer credit is ubiquitous and lending poses credit risk – the risk of economic loss due to the failure of a borrower to repay according to the terms of his or her contract with the lender. And so, managing credit risk entails estimating the potential ability of borrowers to repay their debts. Researchers have sought to identify factors that contribute to consumer risk, by using quantitative models. However, the presence of data mining techniques to identify credit risk cannot be ignored. There is a paucity of research to demonstrate the use of data mining techniques in this context, and such …

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