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Articles 1 - 13 of 13
Full-Text Articles in Law
Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie
Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie
Seattle University Law Review
Following this introductory section, Part II presents a comprehensive description of the health financing arrangements available to low-income residents of Washington State, from federally funded Medicaid programs to state-subsidized insurance. The Article concludes in Part III, outlining the interrelationship between these arrangements and the political process, and suggesting that the Washington State Legislature should be aware of how policy actually affects people.
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
Faculty Articles
This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Seattle University Law Review
The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …
Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones
Culture And Contempt: The Limitations Of Expressive Criminal Law, Ted Sampsell-Jones
Seattle University Law Review
This Article will attempt to highlight certain important features of the expressive function of criminal law that have been neglected. Bringing these elements into higher relief will add to our understanding of how expressive criminal law works and, in particular, how it can fail to work as intended. This article will look closely at one example of the operation of expressive criminal law. The example comes from the area of criminal drug policy, and will examine how expressive drug laws have functioned in the street subculture of urban minority communities. Part II, describes street ideology and the social meanings of …
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
Faculty Articles
This note will examine the consequences of the Security Council’s decisions to deploy under-resourced operations to civil war situations and various proposed means by which the Security Council might more effectively fulfill its responsibilities. Part II will look at a number of post-Cold War U.N. operations in civil wars—UNPROFOR in Croatia and Bosnia, United Nations Operation in Somalia I (UNOSOM I), United Nations Assistance Mission for Rwanda II (UNAMIR II), and United Nations Mission in Sierra Leone (UNAMSIL)—and show how, at least partly because of the Security Council’s failure to ensure that the operations it authorized were provided with sufficient …
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Faculty Articles
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson
Harm To The "Fabric Of Society" As A Basis For Regulating Otherwise Harmless Conduct: Notes On A Theme From Ravin V. State, Eric A. Johnson
Seattle University Law Review
This article explores the possibility that harm to the fabric of society provides the best justification for some statutes that prohibit otherwise harmless conduct. This article considers three illustrations: first, the incest statutes, which, even in progressive states like Alaska and New York, prohibit a wide array of basically harmless conduct; second, a Massachusetts statute regulating the use of human silhouettes in target practice; and finally, legislation that would prohibit the medical procedure known as "partial-birth abortion.'" After discussing these illustrations, there is a close analysis of the general argument for the preservation of moral reaction patterns. The ultimate validity …
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Seattle University Law Review
This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
Faculty Articles
This article discusses issues related to the study and teaching of race and ethnicity. Professor Chang explains the way race is taught or not taught in law schools is reflective of the historical and factual predicates we want our students to have. Faculty diversification can have an impact on the courses that are taught. Most, if not all, of the courses on critical race theory are taught by faculty-of-color. Most of the primary courses on Latinas/os and the law are taught by Latinas/os. If more related and primary courses are going to be offered by schools, then it seems that …
Syllabus: Asian Americans And The Law, Robert S. Chang
Syllabus: Asian Americans And The Law, Robert S. Chang
Faculty Articles
This is the accompanying syllabus to the essay by Professor Chang, “Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics.” The article explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate …
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Faculty Articles
In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …
The Sojourner’S Truth And Other Stories, Robert S. Chang
The Sojourner’S Truth And Other Stories, Robert S. Chang
Faculty Articles
In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.
Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan
Stretching The Equal Access Act Beyond Equal Access, Aaron H. Caplan
Seattle University Law Review
This article explores the ramifications of stretching the Equal Access Act ("EAA" or "the Act") beyond equal access to school premises for meetings during noninstructional time. Part I provides background on the Equal Access Act, from its legislative origins through its interpretations by federal courts. This part includes a careful look at the statute's often confusing language. Part II describes and criticizes Prince v. Jacoby. I argue that the decision is plagued with legal errors large and small, but that the main error is its failure to consider a central question: equal access to what? Both the EAA and …