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Articles 1 - 8 of 8
Full-Text Articles in Law
Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper
Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper
Seattle University Law Review
The purpose of this Note is to analyze the decision by the United State Court of Appeals for the Sixth Circuit in Mozert v. Hawkins County Board of Education in light of recent United States Supreme Court opinions regarding the free exercise of religion. Section I will explain the legal issues that are relevant in deciding this and similar free exercise cases. Section II will discuss the history and background of the Mozert case. Section III will discuss the different opinions in Mozert. Section IV will analyze and critique the different rationales used to decide this case. After weighing …
Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle
Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle
Seattle University Law Review
Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …
Washington's Diminished Capacity Defense Under Attack, John Q. La Fond, Kimberly A. Gaddis
Washington's Diminished Capacity Defense Under Attack, John Q. La Fond, Kimberly A. Gaddis
Seattle University Law Review
This article will discuss the historical development of the diminished capacity defense and analyze its current conceptual structure and use in Washington. It will then analyze the most recently proposed bill attacking the diminished capacity defense in this state, Substitute House Bill No. 1179. Should this legislation (or some variation thereof) be enacted in future sessions, the Washington Supreme Court will undoubtedly be forced to review powerful constitutional challenges to the validity of convictions obtained under the new law. At the very least, the court will have to determine whether the diminished capacity defense is constitutionally required. The court will …
The Validity Of Washington's Antitakeover Act Under The Commerce And Supremacy Clauses, Maureen B. Callahan, David J. Burman
The Validity Of Washington's Antitakeover Act Under The Commerce And Supremacy Clauses, Maureen B. Callahan, David J. Burman
Seattle University Law Review
This Article addresses the constitutionality of the Washington Act under the Commerce and Supremacy Clauses of the United States Constitution, and concludes that despite its extension to a limited group of foreign corporations, the Act is indeed constitutional under both clauses.
An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii
An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii
Seattle University Law Review
The purpose of this Article is to analyze the historical development of Washington's alien land law from the birth of the territory in 1853 to the drafting of the state constitution in 1889. Because alien land law necessarily involves relationships among people, this Article focuses not only on historical legal sources such as statutes, constitutional material, and judicial opinions, but also on the underlying social forces that compelled change in the law. This Article consists of three sections, the first of which is a brief discussion of the common-law roots of alien land disability in feudal England and its subsequent …
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
Seattle University Law Review
This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.
Science, Freedom Of Conscience And The Establishment Clause, Kyron Huigens
Science, Freedom Of Conscience And The Establishment Clause, Kyron Huigens
Seattle University Law Review
The Constitution presupposes no Supreme Being, institutes no particular truth and contemplates a legal order that is similarly open. The establishment clause maintains constitutional democracy on those terms by invalidating any encroachment on freedom of conscience which religion wielding the power of the state can devise. This Article is an extended defense of that strong conception of the establishment clause. It is in part a reply to those, like Louisell, who have argued that strict construction theories of the clause "establish" something called "The Religion of Secular Humanism." It is in part an attack on the idea that the establishment …
Condemnation, Credit, And Corporations In Washington: 100 Years Of Judicial Decisions—Have The Framers' Views Been Followed?, Justice James M. Dolliver
Condemnation, Credit, And Corporations In Washington: 100 Years Of Judicial Decisions—Have The Framers' Views Been Followed?, Justice James M. Dolliver
Seattle University Law Review
As part of the commemoration of Washington's centennial, this Article will examine three parts of the Washington Constitution written and adopted in 1889: article I, section 16,2 the taking clause; article VIII, section 7,3 the municipal credit clause; and article XII, sections 1-22,4 the Corporations Article. This Article will attempt to identify and explain the fundamental premises behind each of the three parts by considering the constitutional text, the specific intent of the framers where discoverable, the climate of the times in the territory and nation in 1889, and the judicial gloss from early case law. Additionally, given these considerations, …