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Seattle University School of Law

Journal

1981

Articles 1 - 17 of 17

Full-Text Articles in Law

Table Of Contents, Seattle University Law Review Jan 1981

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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Editor's Foreword, Seattle University Law Review Jan 1981

Editor's Foreword, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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Acquisition Of Energy Resources Under The Pacific Northwest Electric Power Planning And Conservation Act: A Look At The Future, James O. Luce, Janet W. Mclennan Jan 1981

Acquisition Of Energy Resources Under The Pacific Northwest Electric Power Planning And Conservation Act: A Look At The Future, James O. Luce, Janet W. Mclennan

Seattle University Law Review

This article addresses the impact of the Pacific Northwest Electric Power Planning and Conservation Act, focusing on two issues: (1) proposed administrative procedures, and (2) the BPA purchase authority. Purchase authority permits the BPA to purchase additional electric energy beyond the hydroelectric and thermal power it already markets. Purchase authority was at the heart of the debate over the regional power legislation. The administrative procedures the agency may adopt will establish the framework for many of the BPA's majority policy decision. Discussion of these issues necessarily involves an analysis of how the legislation will affect the BPA's actions.

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Table Of Contents, Seattle University Law Review Jan 1981

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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Capital Punishment And The Right To Life: Some Reflections On The Human Right As Absolute, Peter J. Riga Jan 1981

Capital Punishment And The Right To Life: Some Reflections On The Human Right As Absolute, Peter J. Riga

Seattle University Law Review

The right to life of the person and its various applications in different political situations is one of the most debated subjects of our day. This question is important today for a number of reasons: the widespread demand for abortion, the drive for the right to die, and the challenge to capital punishment. The debate seems at times to be confused: those opposing all forms of war and capital punishment seem to approve of abortion; while others vehemently opposed to abortion, approve of war and capital punishment. But this inconsistency disappears once an absolute view of man's right to life …

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Pacific Northwest Indian Treaty Fishing Rights, Thomas C. Galligan, Jr., Michael T. Reynvaan Jan 1981

Pacific Northwest Indian Treaty Fishing Rights, Thomas C. Galligan, Jr., Michael T. Reynvaan

Seattle University Law Review

This Comment analyzes and discusses this ongoing controversy, focusing on the treaty Indians' history, the background of the treaty negotiations and signings, the principles of construction governing the interpretation of Indian treaties, and the relevant legal precedents. It attempts to construct a coherent approach to the Washington fishing rights controversy emphasizing that the Washington Indians' paramount purpose in these treaties was maintaining the right to fish. Two lower court cases that successfully took account of the Indians' purpose and meaningfully effectuated that purpose in relation to twentieth century developments are Judge Boldt's decision in United States v. Washington (Boldt) and …

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Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson Jan 1981

Mid-City Law Center: Opportunity For Academic Innovation, Andrew S. Watson

Seattle University Law Review

This paper will explore some aspects of legal educaton in the context of the Norton Clapp Law Center, a new mid-city law school complex. The innovations in this Center will bring certain educational hazards, many of which are at the center of recent pedagogical discussions about law schools. This paper attempts to identify these hazards and contemplate ways to forestall them. I will not explore these issues as either a lawyer, an economist, a sociological or anthropological analyst. Rather, my observations will be those of a working psychiatric clinician who is a long-time member of a law faculty, and who …

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A January Report, Fredric C. Tausend Jan 1981

A January Report, Fredric C. Tausend

Seattle University Law Review

The following is the text of remarks delivered by Dean Fredric C. Tausend to the annual meeting of the law school's Board of Visitors at the Norton Clapp Law Center on January 16, 1981.

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Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie Jan 1981

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …

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Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson Jan 1981

Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson

Seattle University Law Review

This article examines the federal regulations' interaction with Washington community property law to determine when a creditor can require the signature of a Washington applicant's spouse on either a loan instrument or security agreement in five common situations: (1) a married applicant's request for credit secured by community property, (2) a married applicant's request for credit secured by separate property, (3) a married applicant's request for general unsecured credit, (4) a married applicant's request for unsecured credit in specific reliance upon his or her income flow, and (5) a married applicant's request for unsecured credit in specific reliance upon the …

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The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen Jan 1981

The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen

Seattle University Law Review

This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.

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The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence Jan 1981

The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence

Seattle University Law Review

After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.

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Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond Jan 1981

Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond

Seattle University Law Review

This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …

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Washington's Product Liability Act, Philip A. Talmadge Jan 1981

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 …

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Judging The Judges: A Case Study In Judicial Responsibility, Maximilian J.B. Welker, Jr. Jan 1981

Judging The Judges: A Case Study In Judicial Responsibility, Maximilian J.B. Welker, Jr.

Seattle University Law Review

Scholarly and professional perceptions of the role of the judiciary, and hence of the responsibility of judges, have undergone radical change since the early 1900's, and judicial opinions have both reflected and been influenced by those perceptions. At the turn of the century, conceptual abstraction and logical consistency held sway. Formalism, however, gave way to Legal Realism in the 1920's and 30's. Of the many important contributions that Realism made to the way we think about law, the most fundamental was its recognition that formal rules do not mechanically govern the resolution of legal disputes. Under this conception, the dominant …

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State Prisoners, Federal Courts, And Playing By The Rules: An Analysis Of The Aldisert Committee's Recommended Procedures For Handling Prisoner Civil Rights Cases, Gay Gellhorn Jan 1981

State Prisoners, Federal Courts, And Playing By The Rules: An Analysis Of The Aldisert Committee's Recommended Procedures For Handling Prisoner Civil Rights Cases, Gay Gellhorn

Seattle University Law Review

The Comment first will recapitulate the full range of procedural initiatives proposed by the Aldisert Committee for adoption as local court rules. Then it will analyze the Committee's recommendations relating to pleading forms and screening the complaints before service of process, the critical stage at which courts dispose of most prisoner complaints. Although concluding that important aspects of the recommended procedures are fundamentally inconsistent with federal statutes and rules, this Comment acknowledges the valid concerns generating the Committee's proposals, and then suggests alternative judicial actions responsive to the phenomenon of state prisoner civil rights com- plaints in federal courts.

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Editor's Page, Seattle University Law Review Jan 1981

Editor's Page, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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