Law Commons^™

Post V. Trinity Health-Michigan: Does 42 U.S.C. § 1985(3) Offer Protection From Disability Discrimination?, Joseph D. Burdine

Seattle University Law Review SUpra

No abstract provided.

Revised Aba Standard 303: Curricular, Pedagogical, And Substantive Questions, Steven W. Bender

Seattle University Law Review SUpra

ABA accreditation standards now require law schools to provide education and training on racism, bias, and cross-cultural competence. This seemingly straightforward mandate raises numerous questions as schools plan for and implement compliance. Here, I articulate and approach these compliance questions using insights drawn from critical theory—which supplies helpful guidance for responses and ultimately antiracism legal education that is more than minimalist. Armed with critical insights, lawyers are better equipped to contribute to the struggle to eradicate systemic social ills in law and society.

America’S “Kia Boys”: The Problem, Responses, And Recommendations, Drew Thornley

Seattle University Law Review SUpra

The landscape of automobile theft in the United States has undergone a dramatic transformation, marked by a notable surge in the theft of Kia and Hyundai vehicles. Once regarded as a routine occurrence, car thefts have taken on a novel dimension, propelled by a phenomenon driven by digital culture and social media virality. The thefts of these specific car brands have evolved into what is now widely recognized as the "Kia Challenge," a term echoing across popular platforms like TikTok. In this challenge, young teenage individuals, often referred to as the "Kia Boys" or variations thereof, orchestrate daring car heists, …

New Community Sponsorships For Humanitarian Immigrants: Guidance On Washington’S Practice Of Law And Immigration Services Fraud Prevention Rules, Megan J. Ballard, Zaida C. Rivera

Seattle University Law Review SUpra

Every state, including Washington, has enacted laws to protect the public from the harm caused when an unqualified person provides legal services. Each state defines the practice of law and generally limits that practice to members of the state bar association. In Washington, a complex collage of case law, statutes, and a Supreme Court rule attempt to define the practice of law, identify when the practice of law by a nonlawyer is unauthorized, and determine when public policy considerations allow such nonlawyer practice.

Protecting immigrants from unauthorized practice of immigration law is a particular concern. People who claim to be …

Inaction As A State Response To The Coronavirus Outbreak: Unconstitutionality By Omission, Antonios Kouroutakis

Seattle University Law Review SUpra

The World Health Organization on March 11 declared the novel coronavirus outbreak a pandemic. While the pandemic was spreading across the globe, governments were under pressure to respond. Still, some countries during the first wave of the pandemic, in their first reaction, did not put in place any emergency regulations. Such reaction, which was a policy option, was an intended omission as lawmakers and policy makers decided not to take action and such emergency omission was a novelty and a paradox in emergency situations. Moreover, I argue that during emergencies governments have a distinct duty to act, and I offer …

It’S About Lyme: Why Congress Must Enact Medical Insurance Coverage Laws For Lyme Disease Patients Now, Jennifer Barrett

Seattle University Law Review SUpra

The Centers for Disease Control and Prevention (CDC) estimates approximately 476,000 people are diagnosed with Lyme disease in the United States each year. While many will recover with a short course of antibiotics, up to 35% will suffer from persistent symptoms after initial treatment. Despite scientific evidence showing the infection can persist long after initial treatment, most insurance companies restrict access to treatment beyond twenty-eight days, leaving patients to bear much of the financial burden. To limit crippling out-of-pocket expenses, Congress must enact legislation mandating coverage for the treatment of clinically diagnosed Lyme disease and co-infections based on the International …

Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson

Seattle University Law Review SUpra

No abstract provided.

Trust Planning And The Washington State Capital Gains Tax, Jadrian M. Coppieters

Seattle University Law Review SUpra

On April 25, 2021, the Washington state legislature enacted a new state capital gains tax. Prior to the enactment of the new state capital gains tax, Washington had been one of the few states that did not impose a tax on either income or capital gains. The limitations imposed by the Washington state constitution have forced the legislature to characterize the tax as an excise tax, rather than treat it as an income tax as would the federal government and every other state. Based on the statute’s structure and its presentation as an excise tax, whether intentionally or unintentionally, the …

Equal Injustice For All: High Quality Self-Representation Does Not Ensure A Matter Is “Fairly Heard”, Jona Goldschmidt

Seattle University Law Review SUpra

Self-represented litigants (SRLs) are generally less successful in court than parties with legal representation. Some access-to-justice programs view self-representation as a skill that can be taught and will lead to more success in case outcomes, but Jona Goldschmidt pushes back against this assumption. Goldschmidt argues that even high functioning, educated, and computer savvy SRLs are at a disadvantage in the courtroom when courts strictly enforce rules and do not offer reasonable accommodations.

In this Article, Goldschmidt evaluates three cases that illustrate expert SRLs’ challenges in the courtroom, and he argues that ridged rule enforcement and failure to accommodate lead to …

Deodand, Brian L. Frye

Seattle University Law Review SUpra

Deodands are a delightful example of a common law doctrine that caused something to happen: the Crown was enabled to tax tortfeasors. But not in a way anyone expected at the time or anyone understands today. Look on their logic and despair. You’ll never figure it out, no matter how hard you try. And that’s what makes them so lyrical. The concept of the deodand is beautiful even though we can’t understand it. Or rather, it’s beautiful because we can’t understand it. If we understood deodands, surely they would be as prosaic as life insurance and conceptual art.

In 1964, …

Washington Cannabusiness: Washington’S Durational Residency Requirement Should Be Eliminated On Economic, Social, And Constitutional Grounds, Alejandro Monarrez

Seattle University Law Review SUpra

No abstract provided.

Accessible Websites And Mobile Applications Under The Ada: The Lack Of Legal Guidelines And What This Means For Businesses And Their Customers, Josephine Meyer

Seattle University Law Review SUpra

No abstract provided.

Excessive Force: Justice Requires Refining State Qualified Immunity Standards For Negligent Police Officers, Angie Weiss

Seattle University Law Review SUpra

At the time this Note was written, there was no Washington state equivalent of the § 1983 Civil Rights Act. As plaintiffs look to the Washington state courts as an alternative to federal courts, they will find that Washington state has a different structure of qualified immunity protecting law enforcement officers from liability.

In this Note, Angie Weiss recommends changing Washington state's standard of qualified immunity. This change would ensure plaintiffs have a state court path towards justice when they seek to hold law enforcement officers accountable for harm. Weiss explains the structure and context of federal qualified immunity; compares …

Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns

Seattle University Law Review SUpra

No abstract provided.

Micro-Housing In Seattle Update: Combating “Seattle-Ization”, Taylor Haines

Seattle University Law Review SUpra

No abstract provided.

Autonomous Vehicle Manufacturers: Applying A Common Carrier Liability Scheme To Autonomous Vehicle Manufacturers—And Why Elon Musk Will Be Haunted By His Words, Alejandro Monarrez

Seattle University Law Review SUpra

The modes and levels of vehicle automation have advanced over the years with the goal of making driving safer. Features like self-steering, lane assist, and blind-spot warning are designed to assist drivers in operating their vehicles. However, the emergence of autonomous vehicle technology self-driving capabilities raises new questions about tort liability.

Since 2016, there have been numerous fatalities involving autonomous vehicles. In this Note, Alejandro Monarrez explores how we should assess liability in autonomous vehicle-related accidents when vehicles are in full automation mode. Monarrez similarly argues the common carrier liability scheme first conceptualized by Dylan LeValley in Autonomous Vehicle Liability—Application …

Who's Afraid Of Swiss Cheese? Resolving The Copyright Claims Of Non-Coauthors, D. Sean West

Seattle University Law Review SUpra

No abstract provided.

The Slow Evolution Of Second Amendment Law, Joan H. Miller

Seattle University Law Review SUpra

Shortly after the Sandy Hook Elementary School shooting left twenty children and six adults dead, a public movement ensued. The movement demanded that gun violence be addressed as a public health issue. While the movement led to successful gun control reform in a few states, it was unable to gain any traction in the federal government and had the opposite effect in others states where firearms became easier to own, carry, and conceal. Joan Miller provides an update on changes in the Second Amendment law that have occurred since her Article, The Second Amendment Goes to College, was published in …

The Uncertain Trumpet: Disaster Communications And The Law, Russell V. Randle, Jeffery Reinhardt

Seattle University Law Review SUpra

Planning for the next disaster is not just a task for first responders. A catastrophic disaster can affect a wide range of industries, such as banking, telecommunications, education, and zoning; and lawyers play a critical role in reducing loss and minimizing liability. By drawing from lessons learned during previous disasters, including terrorist attacks, natural disasters, and environmental catastrophes, Randle and Reinhardt explain the steps lawyers should take to help organizations anticipate problems and create plans to minimize damages.

This Article illustrates how lawyers can help organizations remain in control by maintaining critical communications through multiple system modalities; using those systems …

Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon

Seattle University Law Review SUpra

No abstract provided.

Autonomous Vehicle Liability—Application Of Common Carrier Liability, Dylan Levalley

Seattle University Law Review SUpra

No abstract provided.

Supra Synopses, Ryan W. Dumm, Laura Turczanski

Seattle University Law Review SUpra

No abstract provided.

Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn

Seattle University Law Review SUpra

No abstract provided.