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Articles 31 - 46 of 46
Full-Text Articles in Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent
Condemned If They Do, Condemned If They Don't: Eminent Domain, Public Use Abandonment, And The Need For Condemnee Protections, Cristin Kent
Seattle University Law Review
This Comment is divided into six parts. Part II examines the historical and constitutional understandings and application of eminent domain and the public use requirement. Part III analyzes cases decided under the U.S. and Washington constitutions in which courts upheld condemnors' rights to abandon or fail to fulfill the public use of the condemned property. Part IV discusses cases outside of Washington in which courts have upheld the validity of takings even though the condemnor subsequently abandoned or failed to fulfill the public use. These cases illustrate the need for more substantive and procedural protections for condemnees. Part V argues …
A Call For Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, Debra L. Lowman
A Call For Judicial Restraint: Federal Taxpayer Grievances Challenging Executive Action, Debra L. Lowman
Seattle University Law Review
This Article calls upon the Supreme Court to stay the Judiciary's hand in taxpayer grievances concerning purely executive action. Parts II and III of the Article provide the relevant background material for an understanding of the subject matter. Specifically, Part I recounts the evolution of taxpayer standing, taking the reader from the Supreme Court's decision in Frothingham to its counterpoint decision in Flast. Part III summarizes the Seventh Circuit's unprecedented decision in Freedom. Part IV demonstrates that taxpayer standing as conceived by the Freedom court does not conform to the standing paradigm formulated in Flast, and moreover, …
Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets In Washington, Aric Jarrett
Full Compensation, Not Overcompensation: Rethinking Prejudgment Interest Offsets In Washington, Aric Jarrett
Seattle University Law Review
Following this introduction, Part II explores the nature and purposes of prejudgment interest, focusing on the role that prejudgment interest plays in a claimant's remedy or damage award and exploring the historical distinction between liquidated and unliquidated claims. Part III builds on this historical distinction by examining two different approaches for calculating prejudgment interest where a meritorious liquidated claim is countered by a meritorious unliquidated counterclaim: (1) the Washington rule, also known as the interest on the entire claim or interest on the whole rule; and (2) the interest on the balance rule and its slight variation in California, which …
Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle
Charity Of The Heart And Sword: The Material Support Offense And Personal Guilt, David Henrik Pendle
Seattle University Law Review
In Part I, this Comment details the designation process of FTOs and examines the wide array of purposes and activities in which FTOs engage. Part III chronicles how § 2339B has evolved through amendments and judicial interpretation. Part IV establishes that Scales controls the personal guilt analysis and identifies due process concerns implicated by Scales that have been overlooked by the courts. Finally, Part V argues a recklessness standard is the most appropriate fix to § 2339B and proposes a model amendment to that end.
Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler
Corporate Personhood And The Rights Of Corporate Speech, Adam Winkler
Seattle University Law Review
My objective here is to provide a little historical background on business corporations and their place in First Amendment law. In the course of that overview, I will also make a few observations that I believe can be helpful in thinking about corporate speech rights. First, I will argue that one aspect of the constitutional status of corporations-the notion of corporate personhood-has not played the central role in shaping corporate speech rights that some believe. Corporations have free speech rights, but they are more limited than those held by individuals. Second, I will argue that there is not a single …
Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe
Should Corporations Have First Amendment Rights?, Kent Greenfield, Daniel Greenwood, Erik Jaffe
Seattle University Law Review
As Professor Winkler correctly stated, current doctrine emphasizes the rights of listeners rather than the identity of corporate speakers. My argument is, in effect, that this emphasis misses the key point. But I will not deal with listeners directly. I am simply going to assume, rather than argue, that if corporate advertising were ineffective in influencing voters or legislators, normal market processes would eliminate it. I'm going to take it for granted that when corporations speak, it makes a difference in the actual results.
Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed
Protecting The Polity: Strategies For Reform, Dana Gold, Solange Bitol-Hansen, Charlie Cray, Bruce Freed
Seattle University Law Review
This session is Protecting the Polity: Strategies for Reform, and we frame this as additional strategies that are actually percolating in a concrete way out in the real world, not just in the world of academic theory, to promote citizen participation in a democracy that countenances corporate influence in the political process.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Your Licensor Has A License To Kill, And It May Be Yours: Why The Ninth Circuit Should Resist Bankruptcy Law That Threatens Intellectual Property Licensing Rights, Jon Minear
Seattle University Law Review
In recent opinions, the U.S. Court of Appeals for the Seventh Circuit has interpreted the Bankruptcy Code ("the Code") in a manner that makes inaction or ignorance perilous for IP licensees whose licensor declares bankruptcy. Although Congress amended the Code to protect a licensee from losing technology rights in these situations, the Seventh Circuit has narrowly interpreted a strikingly similar bankruptcy provision involving real-estate leases and, in doing so, has cast doubt on the efficacy of the licensee protections found in section 365(n) of the Code. In addition, this circuit has broadly interpreted another Code section dealing with title-clearing sales …
The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan
The Difference A Day Makes: How Courts Circumvent Federal Immigration Law At Sentencing, David S. Keenan
Seattle University Law Review
Efforts in criminal courts to avoid deportation as a result of convictions are prevalent throughout the United States. Although defendants in Washington have a statutory right to be advised of the potential immigration consequences of a guilty plea, there is no statutory or constitutional requirement that a judge take immigration consequences into consideration in imposing sentence. Nonetheless, as was the case in the assault on Micah Painter, judges can and do make what are effectively policy judgments when sentencing defendants, with an eye toward helping them avoid deportation.
The Constitutional And Statutory Framework Organizing The Office Of The United States Attorney, Christian M. Halliburton
The Constitutional And Statutory Framework Organizing The Office Of The United States Attorney, Christian M. Halliburton
Seattle University Law Review
The U.S. Attorney position is one characterized by a broad delegation of the duty to enforce the laws of the United States, and to appear on behalf of the government in any civil action involving the United States or its revenues. This delegation of duties necessarily entails the exercise of discretion, and that exercise of discretion necessarily depends on the United States Attorneys' independence of judgment. The U.S. Attorney can thus be described as an agent with multiple principles, or a servant of two masters: the U.S. Attorneys clearly serve at the "pleasure" of the President, must be responsive to …
Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen
Breaching The Great Firewall Of China: Congress Overreaches In Attacking Chinese Internet Censorship, Miriam D. D'Jaen
Seattle University Law Review
The Global Online Freedom Act of 2007 promotes freedom of expression on the Internet by prohibiting U.S. businesses from cooperating with officials in Internet-restricting countries. While the Act should be commended for imposing a higher standard of ethical business practices on U.S.corporations, there are significant problems with curing China's censorship policies by imposing liability on U.S. Internet companies. The standards and recommendations proposed by Congress within the Act correspond with an inherently American conception of freedom of expression. Thus, the Act imposes our domestic standards, rooted in the First Amendment, on states with very different political ideologies. A better alternative …
Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies
Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies
Seattle University Law Review
While foreclosure rescue scam (FRS) victims have many remedies under existing statutes, remedies are inadequate because they fail to holistically address the FRS problem. A successful statutory approach to combating the spread of this insidious scam must rest on three legs: education, enforcement, and litigation. First, homeowners facing foreclosure need timely warnings regarding the existence and prevalence of the FRS before the onslaught of FRSA solicitations begins. Next, in addition to education,homeowners need effective enforcement of the statutes that are supposed to protect them. Finally, homeowners wronged by FRSAs need to be able to seek civil relief that both adequately …
Corporations And Political Speech: Should Speech Equal Money?, David Skover, Lisa Danetz, Martin Redish, Scott Thomas
Corporations And Political Speech: Should Speech Equal Money?, David Skover, Lisa Danetz, Martin Redish, Scott Thomas
Seattle University Law Review
Welcome now to the panel on corporations and political speech. We will explore the First Amendment jurisprudence of campaign finance regulation and some of the more controversial issues raised by corporate involvement in the marketplace of political ideas and elections.
Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson
Curbing Shareholder Voting Groups With A New Philosophy For Washington's Business Corporation Act, Tilman Larson
Seattle University Law Review
This Comment explores Washington's changing philosophy of shareholder voting and how the current developments to Washington's corporate law have impacted shareholder voting group rights. In light of Washington's corporate law history, the underlying reasons for the amendments, and case law, this Comment argues that the recent amendments have altered, rather than preserved, what has been historically the true philosophy underlying Washington corporate law: minority shareholder rights. Part II of this Comment tracks the evolution of voting group rights through past Washington law and until the present Washington Business Corporation Act. Part III discusses the underlying reasons for the amendments, addresses …