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Articles 1 - 30 of 57
Full-Text Articles in Law
Socio-Economic Rights And The South African Transition: The Role Of The Truth And Reconciliation Commission, Ronald Slye
Socio-Economic Rights And The South African Transition: The Role Of The Truth And Reconciliation Commission, Ronald Slye
Faculty Articles
This article examines a part of a foundational principle of the South African Bill of Rights that individuals are entitled to a range of rights that ensure individual security, freedom, and well-being, and that these rights are interdependent and the crucial role of the Truth and Reconciliation Commission (the "TRC") in laying the groundwork for the fulfillment of those rights.
Acting Upon Immigrant Acts: On Asian American Cultural Politics By Lisa Lowe- A Review Colloquy, Margaret Chon
Acting Upon Immigrant Acts: On Asian American Cultural Politics By Lisa Lowe- A Review Colloquy, Margaret Chon
Faculty Articles
How might a literature professor converse with a law professor about law? Selecting what she thinks are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, Professor Margaret Chon meditates on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of Professor Lowe's book, Professor Chon tries to construct a partial, if artificial, colloquy. By doing this, the reader can sample the richness of Lowe's text, while gauging Professor Chon’s reactions. With this form, Professor Chon hopes to emulate what Professor Lowe simultaneously analyzes and …
Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki
Centering The Immigrant In The Inter/National Imagination, Robert S. Chang, Keith Aoki
Faculty Articles
In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders becoming increasingly porous to the flows of information, goods and capital while simultaneously constricting when it comes to the movement of certain persons, particularly those of Asian and Latinalo ancestry. The authors examine Monterey Park, California, as one site where there has been a large influx …
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton
Faculty Articles
Undergraduate institutions, on their own and in partnership with law schools, can and should play a more significant role in expanding the pool of law school applicants from non-traditional backgrounds. The Law and Diversity Program at Western Washington University was conceived out of this desire to prepare non-traditional students for the study of law and thereby help bring more diversity to the legal profession. This article discusses the model used by the Law and Diversity Program to prepare non-traditional students for law school and the program's success in accomplishing its goals. It was the hope of the author to create …
Prosecuting Pregnant Women: Should Washington Take The Next Step?, Amanda E. Vedrich
Prosecuting Pregnant Women: Should Washington Take The Next Step?, Amanda E. Vedrich
Seattle University Law Review
The first section of this Comment will analyze the case against Deborah Zimmerman and the court's reasons for refusing to dismiss the charges against her. The second section will examine current Washington law and why similar charges could not be brought in this state. The third section will look at the policy rationales for changing Washington law to allow charges to be filed against women for attempting to intentionally endanger the life of a viable fetus. This Comment argues that Washington law should be so amended in order to achieve these policy goals.
From Dreams To Reality: The Emerging Role Of Law School Academic Support, Paula Lustbader
From Dreams To Reality: The Emerging Role Of Law School Academic Support, Paula Lustbader
Faculty Articles
This article reviews the history, rationale, development, and different program structures of Law School Academic Support Programs. It briefly summarizes learning theory and explains how ASP can implement those theories to teach academic skills. Lastly, it suggests that notwithstanding the significance of helping students develop solid academic skills, probably the most important work that ASP professionals do is to provide the non-academic support by making the human connection to students and believing in them.
Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama
Foreword: Citizenship And Its Discontents - Centering The Immigrant In The Inter/National Imagination (Part Ii), Robert S. Chang, Keith Aoki, Ibrahim Gassama
Faculty Articles
A couple of years ago, the Immigration and Naturalization Service (INS) swept through several southern states to round up and deport undocumented workers. The sweep was called Operation SouthPAW, PAW standing for "Protecting America's Workers." The roundup occurred in two phases, which curiously took place mostly before and after the harvest. The operation was celebrated by the INS and mainstream media as hugely successful in protecting America's workers (and thus America) from encroachment by "unauthorized" workers. But who gains ideologically and materially from such policing actions? Who loses? These questions of material profit and ideological benefit lie at the heart …
Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon
Being Between: A Review Of Chinese Women Traversing Diaspora: Memoirs, Essays, And Poetry, Margaret Chon
Faculty Articles
In this essay Professor Chon reviews Chinese Women Traversing Diaspora: Memoirs, Essays, and Poetry. Chinese Women Traversing Diaspora is the second volume of a series on the theme of "Gender, Culture, and Global Politics." Professor Sharon Hom, who edited this volume, deliberately contextualizes the "I" and "we" that supply the narrative voice and subject in each of these works as specific ethnic, gendered, and generational locations within Asian America. However, Professor Chon illustrates how this anthology is not so much about the "I" as it is about the "we." Professor Horn is engaged in a project of excavating individual histories …
Preface: Law In (Case)Books, Law (School) In Action: The Case For Casebook Reviews, Janet Ainsworth
Preface: Law In (Case)Books, Law (School) In Action: The Case For Casebook Reviews, Janet Ainsworth
Seattle University Law Review
In the aggregate, these casebook reviews demonstrate the significance of the casebook, with its strengths and weaknesses, not just in shaping the temporary experience of students and teachers in the law school classroom but more profoundly for the longer-term development of the legal profession. Because casebooks still maintain the center of gravity in legal education, they serve as the vehicle through which each succeeding generation of lawyers is socialized into patterns of thinking about law and legal practice. Ironically, any single popular casebook probably has a more direct and profound influence on the legal culture than all of the other …
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Seattle University Law Review
To illustrate the controversy surrounding experimental treatment provisions in general, this Comment examines the case law and resulting legislation pertaining to HDC-ABMT as a treatment for breast cancer. Part I presents background information on autologous bone marrow transplants generally, and how the treatment relates specifically to breast cancer patients. Part II presents a survey of current law regarding coverage of HDC-ABMT for breast cancer. Part III explores the merits and limits of judicial and legislative determinations of whether a particular treatment is covered under an insurance policy. Part III then concludes that while judicial and legislative intervention may be appropriate, …
Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green
Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green
Seattle University Law Review
The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide …
Who's Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine Plasencia
Who's Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine Plasencia
Seattle University Law Review
The question of why judges are concerned with justifying or defending their decisions from the followers of Derrida?, is posed in this Article both generally, as a matter of legal interpretation, and specifically, within the context of the issue(s) presented in the examined cases. By examining the concerns articulated by the judges in these cases and then referring back to the writings of Derrida, this Article describes the likely outcome if Derrida's views of (legal) interpretation are in fact applied in judicial opinion-making. In Parts II and III, this Article introduces the reader to important concepts in Derridean deconstruction. These …
Congress's Amendment To Section 104 Of The Tax Code Will Not Clarify The Tax Treatment Of Damages And Will Lead To Arbitrary Distinctions, Sharon E. Stedman
Congress's Amendment To Section 104 Of The Tax Code Will Not Clarify The Tax Treatment Of Damages And Will Lead To Arbitrary Distinctions, Sharon E. Stedman
Seattle University Law Review
This Note examines the recent amendment of I.R.C. § 104 and argues that the amendment will not clarify the tax treatment of damages but will instead lead to inequitable results and arbitrary distinctions. Part I explores the policy justifications for the exclusion of damage awards from gross income and provides a brief overview of section 104. Next, in Part II, the article reflects upon the tax treatment of damages prior to the recent amendment. In doing so, Part II focuses on the relevant case law and revenue rulings. Turning toward the tax treatment of damages under the new amendment, Part …
Diogenes Wanders The Superhighway: A Proposal For Authentication Of Publicly Disseminated Documents On The Internet, Kelly Kunsch
Diogenes Wanders The Superhighway: A Proposal For Authentication Of Publicly Disseminated Documents On The Internet, Kelly Kunsch
Seattle University Law Review
On the national level, there are proposals to make the Internet the primary, and even the exclusive, means of disseminating certain government information. Concurrently, corporations and other private organizations may adopt a similar approach for their reports and other documents. Intertwined with these official and quasi-official documents are innumerable others created by individuals around the world. With so many documents, there is potential for dissemination of false, biased, and even fraudulent information. This is the source of the authentication problem.
Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow
Cyberspace Must Exceed Its Grasp, Or What's A Metaphor? Tropes, Trips And Stumbles On The Info Highway, Robert C. Cumbow
Seattle University Law Review
This Essay will focus on three metaphors, and show briefly how the arguments that copyright law is “unworkable” in the Internet context are based on a misreading of these metaphors. The first metaphor is the use of the term “cyberspace” to apply to the Internet; the second is the tendency to describe Internet communication as “going” somewhere. Both of these metaphors mistakenly suggest a space in which enforcement—and, indeed, violation—of any law is impossible. The third metaphor is the “wine and bottles” analogy, set forth by John Perry Barlow in his widely circulated article, “The Economy of Ideas," to show …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson
A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson
Seattle University Law Review
By any measure, Farnsworth & Young's <em>Cases and Materials on Contracts</em> is one of the leading American casebooks on contracts, perhaps the leading casebook. Part I of this Review considers the book's merits as a tool for teaching contract doctrine. In this respect the book excels. Part II considers it as a tool for introducing students to broader perspectives on contract law. In this respect the book's success is somewhat less complete.
Leaving Well Enough Alone—Why The "Would Have" Standard Works Well For Determining Pretext Stops In Washington State: A Critical Analysis Of The Whren Decision, Kelly Montgomery
Leaving Well Enough Alone—Why The "Would Have" Standard Works Well For Determining Pretext Stops In Washington State: A Critical Analysis Of The Whren Decision, Kelly Montgomery
Seattle University Law Review
This Note argues that the "could have" standard makes a mockery of the probable cause protections provided by the Fourth Amendment and that the Washington courts should not adopt that standard. Instead, because Washington courts have traditionally held that Article 1, Section 7, of the Washington Constitution provides broader protection than the Fourth Amendment of the Federal Constitution, the Washington courts should continue to use the "would have" standard to determine whether a stop is pretextual under Article 1, Section 7.11. Part II of this Note briefly describes the applicable search and seizure doctrine and tracks the split in the …
Reflections On Barnett's Contracts, Cases And Doctrine, Michael B. Kelly
Reflections On Barnett's Contracts, Cases And Doctrine, Michael B. Kelly
Seattle University Law Review
Randy Barnett's Contracts, Cases and Doctrine presents a relatively straightforward set of teaching materials, aptly chosen for modern teaching techniques. Careful exposition of fundamentals permits professors to use class time more productively. The concentration on fundamentals also frees the professor to choose the specific elaborations she finds most valuable for the class or the material.
Teaching Electronically: The Chicago-Kent Experiment, Richard Warner
Teaching Electronically: The Chicago-Kent Experiment, Richard Warner
Seattle University Law Review
Certain basic goals are widely shared, relatively uncontroversial, and sufficiently important that it makes sense to ask whether computer technology can improve our ability to achieve those goals. Consider the following four goals. This Review will focus primarily on the second goal (understanding the rationales behind the rules). Of course, to improve students' abilities to achieve this goal may also improve their abilities to achieve the first goal (knowledge of black letter rules) as a knowledge of a rule is obviously a precondition of understanding its purpose. Improving students' abilities to understand the rationale behind a rule may also improve …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
Seattle University Law Review
The “Creasman presumption” held that, absent any evidence to the contrary, the way property was titled at the end of a cohabitational relationship was presumed to be the way the parties intended. The “exceptions” to the Creasman presumption should be the rule to ensure the flexibility required by equity in these types of cases, while keeping distinct the lines between marriage and cohabitation. To promote this thesis, Part II discusses the facts of Creasman and then dispels the myth of importance surrounding its presumption. Part III reviews the facts of In re Marriage of Lindsey, looks at whether cohabitation …
Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike
Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike
Seattle University Law Review
This Comment is a guide for both employers and employees in successfully complying with the ADA's provisions, as they relate to persons with learning disabilities. Part II of this paper examines the types of employment discrimination that individuals with learning disabilities encounter in the application, daily work, and promotion processes. Part III provides an overview of the employment discrimination provisions of the ADA and how those provisions apply to people with learning disabilities. To illustrate how different people with learning disabilities fare in the workforce, Part IV includes narratives of two learning disabled people attempting to find equal employment and …
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Seattle University Law Review
To show why the Revised Code of Washington (RCW) 7.70.065, Washington's medical decision-making statute should be rewritten, this Comment discusses: (1) the importance of autonomy and self-determination in medical decision-making; (2) the purpose of proxy medical decision-making statutes; (3) Washington's proxy *574 decision-making statute; and, (4) current family demographics. This Comment concludes by proposing a new medical decision-making statute for Washington.
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Seattle University Law Review
The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
Seattle University Law Review
Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
Seattle University Law Review
This Comment first provides a brief background of the development of the public duty doctrine. Part II discusses the two major types of zoning cases: those involving negligent misstatements and those involving negligent issuance of permits or inspections. The use of the public duty doctrine in both types of cases is then analyzed under relevant Washington case law. Part III argues for the abolition of the public duty doctrine and Part IV concludes.
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Seattle University Law Review
This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …
Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy
Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy
Seattle University Law Review
In discussing the choice of Barnett's casebook, this Review focuses on two central pedagogical goals, and describe how Barnett's casebook has either helped or hindered the reviewer's ability to accomplish those goals. Those goals are to actively assist students in (1) learning basic (accepted) contract doctrines and methods of analyzing contract issues; and (2) developing a critical stance toward law in general, and contract law in particular.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.