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Articles 1 - 27 of 27
Full-Text Articles in Law
Physician Involvement In Life-Ending Practices, Thomas A. Preston
Physician Involvement In Life-Ending Practices, Thomas A. Preston
Seattle University Law Review
This Article explains that we need to acknowledge physicians' widespread involvement in ending patients' lives by a variety of means, from withdrawal of life-sustaining treatment to euthanasia. Our inquiry should move from appearance and professional acceptance of practices to the conditions under which society allows physicians to be involved in ending patients' lives.
"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn
"Face"-Ing Rico: A Remedy For Antiabortion Violence?, Susan L. Ronn
Seattle University Law Review
In Section I, this Comment examines the nature of the violence erupting out of protest activity at abortion clinics. Section II outlines the treatment of different types of federal lawsuits brought by clinics and pro-choice groups against both antiabortion groups and the leaders that spearhead the violent protest campaigns. Section III explores the use of RICO against such groups and individuals, and the imposition of an economic motivation requirement. Section IV discusses both the Seventh Circuit's and the Supreme Court's decisions in NOW v. Scheidler. Section V addresses the concerns surrounding the application of RICO to political protest activities. Section …
Unconstitutional Incontestability? The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp, Malla Pollack
Seattle University Law Review
This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Seeking Compassion In Dying: The Washington State Law Against Assisted Suicide, Edward J. Larson
Seeking Compassion In Dying: The Washington State Law Against Assisted Suicide, Edward J. Larson
Seattle University Law Review
From a constitutional standpoint, the decision by Judge Rothstein is more significant than the Oregon initiative because her reasoning calls into question statutes against assisted suicide that are currently in effect in most American states and are part of traditional Anglo-American law. Her ruling goes far beyond the Oregon initiative (now the Death With Dignity Act), which created a narrow statutory exception in the law against assisted suicide. It establishes a broad, new constitutional right that will restrict legislative efforts to address this controversial social issue. The decision was unprecedented; no prior court had limited a state's authority to outlaw …
Practical Implications For Health Care Providers In A Physician-Assisted Suicide Environment, Donald E. Spencer, Ed.D.
Practical Implications For Health Care Providers In A Physician-Assisted Suicide Environment, Donald E. Spencer, Ed.D.
Seattle University Law Review
In this Article, I present key practical implications that the attorney and health care providers need to consider. I also present implications for public policy. I do not take a stand in the Article for or against physician-assisted suicide, either morally, ethically, or legally. Other articles in this Review and numerous other professional publications do. Instead, this Article begins the discussion of procedures for health care providers in an environment of legal physician-assisted suicide. An attorney who advises legal review of proposed procedures for handling physician-assisted suicide requests will serve the health care provider well. The procedures must meet the …
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 …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Basis Of The Spending Power, David E. Engdahl
The Basis Of The Spending Power, David E. Engdahl
Seattle University Law Review
This Article undertakes to demonstrate, however, that Congress' power to spend does not derive from that so-called "General Welfare" Clause, but instead derives from two overlapping but independent provisions found elsewhere in the Constitution. First, spending "for carrying into Execution" any enumerated power is authorized by the familiar Necessary and Proper Clause.2 Second, Article IV gives Congress "Power to dispose of ... Property belonging to the United States," one species of such property being money in the Treasury. This "Property Clause" is ample to authorize all federal spending, whether or not it is also authorized by the Necessary and Proper …
Active Supervision Of Health Care Cooperative Ventures Seeking State Action Antitrust Immunity, Joshua Rosenstein
Active Supervision Of Health Care Cooperative Ventures Seeking State Action Antitrust Immunity, Joshua Rosenstein
Seattle University Law Review
Parts I and II of this Comment review the foundations of the state action doctrine and focus on the development of statutory and regulatory requirements of active supervision. Next, Part III discusses the two primary components of active supervision, control and involvement, in light of the current status of state action immunity. Part IV then examines Washington State's managed competition-based reform plan as an example of an attempt to secure state action immunity for private actors. Part IV also describes the Washington state action antitrust immunity provision in some detail. Finally, Part V provides a case illustration for effective state …
The Misappropriation Theory Of Insider Trading: Its Past, Present, And Future, Troy Cichos
The Misappropriation Theory Of Insider Trading: Its Past, Present, And Future, Troy Cichos
Seattle University Law Review
In this Comment, I discuss the evolution and current application of the misappropriation theory of insider trading and argue that it simply strays too far from the fraud tenets of Section 10(b) and Rule 10b-5. A thorough understanding of the misappropriation theory is possible only if one understands how it diverges from the classic theory of insider trading. Therefore, in Section II, I discuss the evolution and present doctrine of classic insider trading. The discussion in this Section focuses on major cases in the development of this theory. Section III presents the misappropriation theory of insider trading. Section III focuses …
Preface, Annette E. Clark
Preface, Annette E. Clark
Seattle University Law Review
On November 18, 1994, the Seattle University School of Law and the Seattle University Law Review proudly sponsored A Symposium on the Legal, Medical, Ethical, and Societal Issues Surrounding Physician-Assisted Death. This Symposium was notable not only for its timely subject matter, but also because it was the first of our annual symposia to be held under the auspices of our new parent institution, Seattle University. From the earliest planning stages, the Seattle University administration and academic community exhibited remarkable support and enthusiasm for this endeavor. The Symposium and this issue thus mark the beginning of what promises to be …
Physician-Assisted Suicide, Albert R. Jonsen
Physician-Assisted Suicide, Albert R. Jonsen
Seattle University Law Review
This Article briefly summarizes the history of the euthanasia debate in the United States, describes the classical arguments for and against euthanasia, examines the terms of the current debate, and concludes that while society may want to recognize a competent patient's right to escape the suffering of a terminal illness, it should do so with humility—and with caution.
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Physician Aid In Dying: A Humane Option, A Constitutionally Protected Choice, Kathryn L. Tucker, David J. Burman
Seattle University Law Review
This Article presents the argument that the Fourteenth Amendment protects the individual decision to hasten death with physician-prescribed medication and that statutes prohibiting physician-assisted suicide deny equal protection, guaranteed by the Fourteenth Amendment, to competent, terminally-ill adults who are not on life support.
The Professional Liability Crisis And The Need For Professional Limited Liability Companies: Washington's Model Approach, Bryan Smith
Seattle University Law Review
This Comment argues that every state should allow professionals to take advantage of LLC statutes, as Washington has done. Such action will provide protection for accountants and lawyers from the wave of litigation that has surfaced in recent times and to restore an element of confidence to these professions. This Comment further asserts that allowing professionals to use LLC statutes is not only consistent with the duties peculiar to the accounting and legal professions, but also a necessary step when viewed in light of the policies of fairness, efficiency, and public protection. Initially, Part II of this Comment describes the …
Comparative Proportionality Review: Will The Ends, Will The Means , Bruce Gilbert
Comparative Proportionality Review: Will The Ends, Will The Means , Bruce Gilbert
Seattle University Law Review
This Comment attempts to achieve several objectives. Part II discusses the reasons that the death penalty was found to be unconstitutional in Furman v. Georgia. Part III reviews several post-Furman Supreme Court cases and the revised death penalty statutes that were deemed to satisfy the procedural inadequacies found in pre-Furman death sentence statutes. This Part also discusses the role proportionality review plays in making a death penalty statute constitutional. Part IV examines the development of comparative proportionality review in the State of Washington. State v. Benn will serve as the focus of this discussion. Part V demonstrates that Washington's application …
Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D.
Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D.
Seattle University Law Review
The November 8, 1994 passage of Oregon's Measure 16, which permits physicians to comply with the request of a competent adult patient with less than six months to live for a prescription for lethal drugs, has intensified the debate over the legalization of physician-assisted suicide following the defeats of similar initiatives in Washington and California. Subsequent legal challenge to Measure 16 and the present preliminary injunction3 has shown that passage and popularity of a public initiative does not ensure its legality. The issue of physician-assisted suicide is most likely headed for the United States Supreme Court. This Article is intended, …
Lost At Sea: An Argument For Seaman Status For Fisheries Observers, Alecia M. Van Atta
Lost At Sea: An Argument For Seaman Status For Fisheries Observers, Alecia M. Van Atta
Seattle University Law Review
This Comment addresses the question of how observers should be classified within the structures of maritime law. Part II discusses the importance of the fisheries observer program, as well as the federal authority that created it. Part III discusses the risks and remedies afforded to those who work upon the high seas and presents the policy reasons for granting observers seaman status. Part IV discusses the judicial debate surrounding this issue and presents the legal reasons for granting observers seaman status. Part V discusses how the reauthorization of the Magnuson Act provides an opportunity to clearly define the observer's legal …
Title Ix Litigation In The 1990'S: The Courts Need A Game Plan, Christopher Raymond
Title Ix Litigation In The 1990'S: The Courts Need A Game Plan, Christopher Raymond
Seattle University Law Review
Part II of this Comment is a brief history of Title IX, from the enacting legislation through the 1980's. Part III summarizes recent decisions, identifying the issues courts are grappling with and what lines, if any, are being drawn. In Part IV, analyzes three issues which are repeatedly presented in recent cases. These issues are those upon which the courts have disagreed, or which pose potential problems in future litigation: 1) how should courts treat the tensions between the individual plaintiffs and the class-oriented goals of Title IX; 2) how much deference should school administrators be given when making budget …
Present And Future Interests: A Graphic Explanation, Roger W. Andersen
Present And Future Interests: A Graphic Explanation, Roger W. Andersen
Seattle University Law Review
Few topics bedevil more law students than the law of present and future interests. With the goal of eliminating some of the confusion, this Article highlights the basic doctrine with a new set of diagrams to represent graphically how various interests behave. This Article opens with a question many students ask and then proceeds to the core concepts in the law of present and future interests.
Civil Forfeiture And The Eighth Amendment After Austin, James E. Beaver, Kit G. Narodick, Joseph M. Wallin
Civil Forfeiture And The Eighth Amendment After Austin, James E. Beaver, Kit G. Narodick, Joseph M. Wallin
Seattle University Law Review
Imagine owning an expensive piece of property, a piece of real estate perhaps, or maybe a car or boat. Now imagine having your property forcefully taken away from you because someone suspects, or pretends to suspect, that you are using the property in the commission of criminal acts. Then, imagine having to hire a lawyer and start a lawsuit to recover your property. After spending a small fortune in legal fees to recover your own property, imagine you lose your lawsuit, not because you could not prove your rightful ownership before its forceful seizure, but because you could not prove …
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
The Plain Feel Doctrine In Washington: An Opportunity To Provide Greater Protections Of Privacy To Citizens Of This State, Laura T. Bradley
Seattle University Law Review
This Comment argues that Washington should return to an independent analysis of search and seizure doctrine under article I, section 7 of the state constitution and reject the admission of contraband seized during the course of a pat-down frisk. The decisions in Hudson and Dickerson have established an unnecessary and unworkable standard, and involve an increased invasion of personal privacy without the counter-balancing need to protect the safety of others. The plain feel doctrine as announced in Dickerson and Hudson developed from two well-established concepts in search and seizure law-the Terry frisk of persons to discover weapons and the plain …
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Employer Liability Under The Third Party Provision Of The Washington Industrial Insurance Act: The Dual Capacity And Dual Persona Doctrines In Evans V. Thompson, Melissa M. Jackson
Seattle University Law Review
Most workers' compensation schemes are designed to provide a swift and sure source of benefits to injured workers by placing on employers the risks and burdens of modern industry. In keeping with this policy, Washington's Industrial Insurance Act2 (IIA) requires injured workers to relinquish the right to sue at common law for damages sustained on the job, and it requires employers to accept liability for a measure of damages set out by the statute. However, if a worker's injuries are caused by the negligence of a third person who is not in the worker's same employ, the IIA's third-party provision …
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 …
Exposing Some Myths About Physician-Assisted Suicide, Giles R. Scofield
Exposing Some Myths About Physician-Assisted Suicide, Giles R. Scofield
Seattle University Law Review
From my perspective, the fuss about physician-assisted suicide is about as important as re-arranging the deck chairs on the Titanic. Given the current state of our health care system, which remains in a state of crisis regardless—and perhaps because of—what did not happen last year, the legalization of physician-assisted suicide is morally essential only to those who are indifferent to the health care needs and concerns of most Americans. You now know that I do have something to say about this issue. Instead of engaging in the debate, however, I intend to engage the debate. By that, I mean that …
Mains Farm V. Worthington: Fair Housing Laws And Fear Of Adult Family Homes, Todd H. Carlisle
Mains Farm V. Worthington: Fair Housing Laws And Fear Of Adult Family Homes, Todd H. Carlisle
Seattle University Law Review
Although the Mains Farm majority's conclusion that a group home for the disabled is neither a single-family dwelling nor a residential use is certainly questionable,7 this Note is neither intended as an addition to the "what is a family?" definitional debate, nor as a proposal that the issues decided in Mains Farm be re-litigated. Instead, this Note will: (1) analyze the Mains Farm controversy from the often ignored perspective of disabled individuals who benefit from community based group homes, and (2) present applicable state and federal law by which group homes threatened with judicial attack in the wake of the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.