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- Actual control (1)
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- Adversarial system (1)
- Adverse reproductive outcomes (1)
- Americans with Disabilities Act (1)
- Anxiety disorders (1)
- Asset securitization (1)
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- China GATT membership (1)
- City of Seattle v. Webster (1)
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- Discovery (1)
- Dowry deaths (1)
- Economic development (1)
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- Extremist ideology (1)
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Articles 1 - 28 of 28
Full-Text Articles in Law
Preface, Geoffrey R. Watson
Preface, Geoffrey R. Watson
Seattle University Law Review
This issue includes one article from each panel: Professor Clarke's article on whether China should become a member of the GATT, Professor Benson's article on NAFTA as "extremist ideology," Mr. Kawachi's article on securitization in Japan, and Professor Green's article on MFN status for China. In addition, the editors have included a spirited defense of NAFTA by Ms. Rebecca Reynolds Bannister. To set the stage, I offer a few comments on each article below.
Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff
Job Site Safety In Washington: Requiring Actual Control When Imposing Statutory Duties On Job Site Owners, Gregory J. Duff
Seattle University Law Review
The subject of this Comment is whether the actual control requirement in Hennig should also be employed to find liability in cases involving asserted statutory violations. This Comment argues that Washington courts should employ the same case-by-case control analysis used to impose the common law duty to provide a safe workplace to impose similar statutory duties on a job site owner. Part II of this Comment briefly identifies the possible sources of a job site owner's duties, including common law, contract, and statute. Part III explains the current status of job site owner liability in Washington. This Part carefully distinguishes …
A Step In The Right Direction: Washington Passes The Limited Liability Company Act, Jessica A. Eaves
A Step In The Right Direction: Washington Passes The Limited Liability Company Act, Jessica A. Eaves
Seattle University Law Review
This Article describes how and why the LLC Act was passed, and provides a general outline of the LLC form in Washington. Section II outlines the perceived barriers to operating a business in Washington state. Section III sets out a brief legislative history of the Act, including the attempts by the Washington State Trial Lawyers Association to block the legislation, and proposed amendments to the legislation. Section IV describes the specifics of the LLC entity by reference to the Washington Limited Liability Company Act. Section IV also presents the comparative advantages of LLCs to other business forms. Finally, Section V …
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Washington's Industrial Safety Regulations: The Trend Towards Greater Protection For Workers, Stephen L. Bulzomi, John L. Messina, Jr.
Seattle University Law Review
This Article argues in support of the trend towards greater protection for workers through the deterrent factor of certain civil liability for WISHA violations resulting in injury. The Article begins by charting the evolution of Washington law on this issue. It then describes the current state of the law on this subject. Finally, it explains how Stute and its progeny are in line with the state's overall trend towards greater worker protection, consistent with the legislative intent of WISHA, and beneficial to not only employees, but employers as well.
The Proposed Environmental Justice Act: "I Have A (Green) Dream", Claire L. Hasler
The Proposed Environmental Justice Act: "I Have A (Green) Dream", Claire L. Hasler
Seattle University Law Review
This Comment addresses the concept of environmental racism, the tools that have been used to fight it, and the proposed Environmental Justice Act of 1993. Part II begins with an examination of the evidence minority communities have relied on as proof that environmental racism exists. The evidence contained in numerous articles clearly shows inequalities in the amounts of environmental and health hazards minority communities bear, and this evidence validates the existence of pervasive environmental injustice in our society. Part III addresses the limited case law involving attempts by minority communities to challenge perceived environmental racism and assesses the effectiveness of …
Rediscovering Discovery: Washington State Physicians Insurance Exchange And Association V. Fisons Corporation, Brian J. Beck
Rediscovering Discovery: Washington State Physicians Insurance Exchange And Association V. Fisons Corporation, Brian J. Beck
Seattle University Law Review
Section I of this Article will present a model of the adversarial system and argue that the discovery process, although a component of that system, cannot function under the model. Section II lays out the facts of the Fisons case, the arguments presented by each side, and the court's decision. Section III discusses a survey conducted by the Author, which sought to ascertain the decision's impact on members of the Seattle bar. Utilizing survey results and observations regarding the adversarial system, the section then pinpoints some potentially troublesome issues left unresolved by the court and suggests ways to resolve them.
Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen
Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen
Seattle University Law Review
Surrounded with the conveniences of a word processor, form book, and facsimile machine, the modern-day attorney might be tempted to equate the advent of sophisticated commercial transactions with the advent of the electronic age. Just as form follows function, it seems only logical to assume that the use of lengthy, carefully-drafted agreements is reflective of successive generations of sharper, more knowledgeable business clients. Curiously, however, the lesson that history teaches us is different. Looking back in time to the year 1511 at a proposal for the sale of alum between the City of Venice and a banker from Rome, one …
Standard Of Review (State & Federal): A Primer, Kelly Kunsch
Standard Of Review (State & Federal): A Primer, Kelly Kunsch
Seattle University Law Review
This Article will define standard of review, trace its origins and evolution, and discuss how the appropriate standard of review is determined. A brief discussion of each standard will follow the general discussion. Finally, suggestions will be made for analyzing standard of review problems. The main point is that standards of review are and should be flexible. Courts must recognize this and must look to the policies behind a standard when they select and apply it in a particular case.
Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith
Recovered Memories Of Alleged Sexual Abuse: An Analysis Of The Theory Of Repressed Memories Under The Washington Rules Of Evidence, Colette Mulrenan Smith
Seattle University Law Review
This Comment explores whether testimony regarding repressed memories is admissible under Washington rules of evidence. This Comment concludes that the process of repression and accurate recall of memories has not been proven to be a sufficiently reliable and trustworthy phenomenon to justify admission of evidence that abuse occurred.
Introduction, Rev. William J. Sullivan, S.J., Donald M. Carmichael
Introduction, Rev. William J. Sullivan, S.J., Donald M. Carmichael
Seattle University Law Review
On August 19, 1994, the sponsorship of this Law School was transferred from the University of Puget Sound to a new parent institution, Seattle University, and the school became the Seattle University School of Law. It is now our great pleasure to welcome all past subscribers and supporters to the first issue of the Seattle University Law Review. Seattle University brings to the Law School the tradition of excellence of the Jesuit-sponsored universities and their law schools throughout the nation. From Fordham and Georgetown to Santa Clara and the Loyolas, these law schools have attained uniform reputations of quality and …
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Roulette V. City Of Seattle: A City Lives With Its Homeless, William M. Berg
Seattle University Law Review
This Note analyzes the Roulette holding with respect to prior decisions on begging and vagrancy. In addition, this Note discusses the sidewalk ordinance with respect to the efforts of other communities to control the detrimental effects of a growing homeless population. This Note concludes that the Roulette holding strikes a constitutionally valid doctrinal and jurisprudential middle ground between abandoning the streets to the homeless and driving them from the community. It is argued that the sidewalk ordinance is normatively valid, in that it sets a reasonable standard of conduct that meets commonly accepted norms of civility, serving to benefit the …
Editor's Preface, Gregory J. Duff
A Discussion Of The Washington Industrial Safety And Health Act Of 1973 Presented As: A Preface To The University Of Puget Sound Law Review, Mark O. Brown
Seattle University Law Review
This Preface briefly describes WISHA, the problems of worker safety in Washington, and the role of Labor and Industries in working to solve those problems. In Section II, this Preface addresses the status of worker health and safety in Washington. Section III describes some unique Washington programs that are to be used to combat the problems of worker safety. Section IV describes the cooperative steps that employers and workers are taking to help solve safety problems. Section V identifies new legal standards that are coming to bear on the issue of worker safety. Section VI identifies new frontiers upon which …
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
The Washington Industrial Safety And Health Act: Wisha's Twentieth Anniversary, 1973-1993, Alan S. Paja
Seattle University Law Review
Occupational safety and health did not begin in 1973 in the State of Washington. Although the historical roots of the Washington Industrial Safety and Health Act of 1973 (WISHA) run deep, the adoption of the Act significantly affected the lives of all working men and women in the state. This Article will examine that historical perspective, covering both state and federal law, and will comprehensively detail the current law relating to occupational safety and health in the State of Wasington.
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Liability For Prenatal Harm In The Workplace: The Need For Reform, Steven S. Paskal
Seattle University Law Review
This Article describes the causes of action available under current Washington law when a workplace hazard contributes to an adverse reproductive outcome such as miscarriage, birth defects, transplacental carcinogenesis, or other prenatal injury. Part II delineates the wide variety of workplace conditions that may lead to an adverse reproductive outcome, ranging from emotional stress, cigarette smoke, and fall hazards to more traditional teratogen exposures such as lead. Part III describes the types of reproductive harm that can form the basis of a lawsuit in Washington. Part IV notes the theories of liability and the potential defendants, including employers, co-employees, consultants, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Garcia V. Spun Steak Co.: The Ninth Circuit Requires That Title Vii Plaintiffs Prove The Adverse Effect Of A Challenged English-Only Workplace Rule, Dan Clawson
Seattle University Law Review
Although the Spun Steak decision recognizes that English-only rules may impact Title VII in some circumstances, the court held that an employer's good-faith imposition of these rules on fully bilingual employees does not violate Title VII. Section II of this Comment presents an overview of the substantive law and the enforcement mechanisms of Title VII. Section III outlines the development of federal discrimination law regarding English-only rules. Section IV examines the Spun Steak decision, and Section V analyzes the implications of this decision and its effect on discrimination law in the Ninth Circuit.
Gattmembership For China?, Donald C. Clarke
Gattmembership For China?, Donald C. Clarke
Seattle University Law Review
This Article will explore some of the conflicts between the premises of the GATT and China's current economic, legal, and political structure, as well as the extent to which China's institutions are moving in a GATT-compatible direction. It will conclude that while GATT membership would in itself promote the reforms that would make China's institutions more compatible with the GATT, such reforms are the object of considerable domestic opposition.
The Mexican Market And Nafta, Rebecca Reynolds Bannister
The Mexican Market And Nafta, Rebecca Reynolds Bannister
Seattle University Law Review
In the face of European integration and strategic partnerships in the Pacific Rim, it is vitally important for the United States to strengthen our ties with our North American commercial partners and with the rest of the Western Hemisphere. NAFTA is an historic agreement. It is an ambitious effort to eliminate barriers to agricultural, manufacturing, and services trade, to remove investment restrictions, and to protect intellectual property rights. And, NAFTA is the first agreement in the history of U.S. trade policy that directly addresses envi- ronmental concerns. United States' strategic policy must be focused on that which builds security for …
Free Trade As An Extremist Ideology: The Case Of Nafta, Robert W. Benson
Free Trade As An Extremist Ideology: The Case Of Nafta, Robert W. Benson
Seattle University Law Review
This article purports that free tradism has become such a classic extremist ideology, just as, until recently, Marxism-Leninism was. Free tradism is fairly described as fitting the two criteria that characterize extremist ideologies: (1) their adherents are oblivious to cognitive dissonance contradicting their analyses, and (2) their adherents are willing to plunge themselves and others into great risks in the name of the ideology. This article adduces evidence in these two categories, using NAFTA as an example, analyzing concrete issues of trade theory, jobs, the environment, human rights, and democracy.
The New Law Of Asset Securitization In Japan, Michael T. Kawachi
The New Law Of Asset Securitization In Japan, Michael T. Kawachi
Seattle University Law Review
This Article discusses one financial product developed in the United States and expected to develop in Japan as a result of recent legislation adopted there. The Article examines the high degree of regulation of this new financial product under that legislation and concludes that such regulation, while common in Japan, will delay the full development of the market in Japan. This Article begins with a description of an important financial tool first developed in the United States, the securitization of financial assets. The Article next examines several aspects of the new Japanese legislation and reviews the provisions of that legislation. …
Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green
Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green
Seattle University Law Review
Because there is an historical link between the economic power possessed by any group of people and the political rights enjoyed by that group, this Article argues that the best way for the United States to promote human rights in China is to assist China's economic development. This argument is supported by logic (e.g., demonstration of cause and effect) as well as by example (e.g., the recent histories of Korea and Taiwan). Part II of this Article takes a detailed look at what MFN status really means and looks at the history of U.S. grants of MFN status to China. …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Dowry Death: A Violation Of The Right To Life Under Article Six Of The International Covenant On Civil And Political Rights, Angela K. Carlson-Whitley
Seattle University Law Review
By failing to effectively prevent dowry deaths, India, as a party to the International Covenant on Civil and Political Rights (ICCPR), violates the "right to life" as expressed in Article 6(1) and protected by Article 2. Part II of this Comment describes the phenomenon of dowry death generally and explains the origins of dowry and its relatively recent transformation into a means of extortion by the groom and his family. In addition, this Part examines the laws enacted by India in response to the growing incidence of dowry deaths. Finally, Part II explains why these positive laws fail to solve …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
From Agoraphobia To Xenophobia: Phobias And Other Anxiety Disorders Under The Americans With Disabilities Act, John M. Casey
Seattle University Law Review
The ADA fails to address behavior disorders in general and phobias in particular. This Comment proposes that the EEOC take two actions. First, the EEOC should pass administrative rules that settle the question of which standards to use in determining whether an individual is mentally impaired. Second, and more impor tantly, the EEOC should issue interpretive guidance that acknowledges the burdens facing persons with hidden behavioral anomalies and phobias, and gives these persons additional help under the Act. Part II of this Comment describes the ADA generally. It explains the Act's purpose and summarizes the Act's legal requirements. Part III …
Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic
Krishna V. Lee Extricates The Inextricable: An Argument For Regulating The Solicitation In Charitable Solicitations, John Dziedzic
Seattle University Law Review
This Comment argues that, in the wake of the Supreme Court's decision in Society for Krishna Consciousness v. Lee, state and local regulations are more likely to pass federal constitutional muster if they regulate obnoxious fundraising practices defined with sufficient precision. The Riley trilogy and the continued existence of charitable solicitation scams have shown that attempting to prevent the "improper use of contributions intended for charitable purposes" by regulating how much charities pay for fundraising services has been not only unconstitutional but also ineffective. Part II is a brief review of the Riley trilogy, with an emphasis on the …
The Legal Effects Of The Israeli-Plo Declaration Of Principles: Steps Toward Statehood For Palestine, Kathryn M. Mckinney
The Legal Effects Of The Israeli-Plo Declaration Of Principles: Steps Toward Statehood For Palestine, Kathryn M. Mckinney
Seattle University Law Review
This Comment argues that the Declaration of Principles falls short of establishing a state of Palestine during the interim period provided for in the Declaration. However, this Comment presents the possibility that a state of Palestine will be established after the interim period. If a state of Palestine is established, it will have an effect on current United States law regarding Palestine and the PLO's sovereign immunity and standing to sue. The Declaration of Principles presents an opportunity to reevaluate the traditional view of Palestine. This Comment examines the Israeli-PLO Declaration of Principles and its effect on the changing legal …