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Seattle University School of Law

Journal

1997

Articles 31 - 39 of 39

Full-Text Articles in Law

Prosecuting Pregnant Women: Should Washington Take The Next Step?, Amanda E. Vedrich Jan 1997

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.

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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 Jan 1997

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 …

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Table Of Contents, Seattle University Law Review Jan 1997

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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Assisted Suicide: The State Versus The People, John P. Safranek, Stephen J. Safranek Jan 1997

Assisted Suicide: The State Versus The People, John P. Safranek, Stephen J. Safranek

Seattle University Law Review

This Article will examine the Ninth Circuit's appeal to personal dignity and autonomy to justify a constitutional right of assisted suicide in the face of pluralist opposition, that is, a law duly enacted by a majority of elected representatives in a state or by the people directly. Scrutiny of the Ninth Circuit's decision will reveal the formidable jurisprudential obstacles to basing a right to assisted suicide on dignity and autonomy, obstacles the Supreme Court refused to overcome in revoking Compassion in Dying. This examination is divided into three parts: the first analyzes attempts to justify rights on the principle …

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Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden Jan 1997

Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden

Seattle University Law Review

This Article will analyze the Equal Protection Clause in relation to the government's ability to classify and will discuss whether race is a prohibited classification. The author will closely critique the case of Coalition For Economic Equity v. Wilson, which challenges the constitutionality of Proposition 209 because of its political burdens on interests important to racial minorities and women. The author will argue that Proposition 209's Equal Protection standard should be illicit state action rather than political burdens. Finally, the author will critique the Wilson court's understanding of violations of the Equal Protection Clause. This understanding is rejected here …

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Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice Jan 1997

Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice

Seattle University Law Review

This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …

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Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen Jan 1997

Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen

Seattle University Law Review

This Comment presents background information concerning genetic information and genetic testing. Section III then argues that privacy and autonomy are significant policy issues in connection with genetic information. As a result, the decision to have genetic testing performed should be an individual's choice, and genetic testing should never be compelled. Section IV argues that the failure to give genetic information special protection in the law has potentially harmful consequences. Section V surveys current efforts to protect genetic privacy, both by the federal government and states other than Washington. Section V also analyzes the current state of medical records privacy protection …

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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 Jan 1997

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 …

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In Re The Exxon Valdez: The Danger Of Deception In A Novel Mary Carter Agreement, Amy Edwards Wood Jan 1997

In Re The Exxon Valdez: The Danger Of Deception In A Novel Mary Carter Agreement, Amy Edwards Wood

Seattle University Law Review

This Note addresses the legality and ethics of the secret agreement between Exxon and the Seattle Seven by analogy to a similar type of collusive agreement called a "Mary Carter" agreement. Part I of this Note looks at the terms of the Exxon/Seattle Seven agreements. Part II examines Judge Holland's controversial decision with respect to the Exxon/Seattle Seven agreements. Part III describes the nature of a Mary Carter agreement and the factors used to determine whether such an agreement exists. Then Part IV argues that, like Mary Carter agreements, the Exxon/Seattle Seven agreements undercut the jury system, prolong litigation, contravene …

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