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Full-Text Articles in Law
Foreword, Seattle University Law Review
Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams
Introductory Remarks, Michael Rogers, Hannah Hamley, Rayshaun D. Williams
Seattle University Law Review
Introductory Remarks.
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
Seattle University Law Review
The Deans' Roundtable.
Closing Remarks, Dontay Proctor-Mills
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Leveraged Etfs: The Trojan Horse Has Passed The Margin-Rule Gates, William M. Humphries
Seattle University Law Review
What do the Great Depression, the Great Recession, and the demise of Lehman Brothers and Bear Sterns all have in common? One word: leverage. The misuse of leverage, in all its forms, contributed greatly to all of these events. Yet even today, common investors can purchase a leveraged exchange-traded fund (leveraged ETF), a complex product that uses leverage to increase returns, without triggering applicable laws designed to regulate the use of leverage. This Comment articulates the basics surrounding the functions and operations of leveraged ETFs and margin rules in order to assess the compatibility of the two. The Comment argues …
Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio
Fait Accompli?: Where The Supreme Court And Equal Pay Meet A Narrow Legislative Override Under The Lilly Ledbetter Fair Pay Act, Megan Coluccio
Seattle University Law Review
This Comment argues the Lilly Ledbetter Fair Pay Act’s consequences will be minimally felt, so long as the Act is narrowly construed. The Comment suggests congressional action was appropriate after the Supreme Court’s Ledbetter decision and discusses the political and legislative debate leading to the Act. In addition, the Comment analyzes the Act in application, exploring its meaning, implications, and function. The Comment argues that the concerns and consequences arising from the enactment of the Act can be alleviated and avoided by a narrow interpretation of its amendment to Title VII of the Civil Rights Act. Finally, the Comment recommends …
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft
Seattle University Law Review
In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset …
Direct Democracy: The Right Of The People To Make Fools Of Themselves; The Use And Abuse Of Initiative And Referendum, A Local Government Perspective, Daniel M. Warner
Direct Democracy: The Right Of The People To Make Fools Of Themselves; The Use And Abuse Of Initiative And Referendum, A Local Government Perspective, Daniel M. Warner
Seattle University Law Review
The Framers of the United States Constitution did not embrace direct, populist democracy. They rejected the Swiss model of direct legislation' and chose a system of representative-republican, not democratic-government that would, as James Madison wrote, "enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial [partisan] considerations." Representative democracy presumes that an informed electorate will choose wise legislators. Direct democracy, by extension, demands that citizens …
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
The "Presence Is An Essential Function" Myth: The Ada's Trapdoor For The Chronically Ill, Audrey E. Smith
Seattle University Law Review
In nearly all cases, long-term chronic illnesses satisfy the ADA's broad definition of disability. However, when these illnesses begin to cause absenteeism, the "presence is an essential function" rule effectively denies protection to the victims of these illnesses, as they are no longer "qualified individuals" under the ADA regardless of whether they satisfy the technical requirements for a position. The idea that "presence is an essential function" is a myth because (1) it erroneously assumes that most jobs can be performed only at the worksite, and (2) virtually all employers are able to, and do, accommodate some degree of employee …
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing
Seattle University Law Review
What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …
Washington's Product Liability Act, Philip A. Talmadge
Washington's Product Liability Act, Philip A. Talmadge
Seattle University Law Review
The Washington Legislature in its 1981 session enacted Senate bill 3158,1 the Tort and Product Liability Reform Act, a comprehensive change in product liability and tort law in the State of Washington. This change, perhaps the most sweeping legislative involvement in Washington tort law in this century, was accomplished after many years of extremely bitter political conflict over product liability and tort reform; Senate bill 3158, however, passed the legislature with little of the acrimony previ- ously associated with the issue. This article explores the involve- ment of the legislature in product liability and tort reform his- torically, reviews the …