Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

American Health Policy In The 1980'S, Ken Wing Jan 1986

American Health Policy In The 1980'S, Ken Wing

Faculty Articles

The author notes that the composition of the 'fundamental problem" of rising health care costs is not easily defined. The varying interests of providers, consumers, and the government's budget diverge and overlap in a weblike maze, creating multifarious and fractured perspectives regarding what actually constitutes the problem. Consequently, no underlying ideological thread in American health care policy has emerged to direct a unified response to the 'fundamental problem." It is in this political context that American health care policy of the 1980's will be shaped. Professor Wing has undertaken an exhaustive review of both health care cost data and the …


Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman Jan 1986

Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman

Faculty Articles

Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …


Jurisdiction: Foreign Plaintiffs, Forum Non Conveniens, And Litigation Against Multinational Corporations, Mark A. Chinen Jan 1986

Jurisdiction: Foreign Plaintiffs, Forum Non Conveniens, And Litigation Against Multinational Corporations, Mark A. Chinen

Faculty Articles

This article outlines the litigation against multinational corporations. Specifically, it investigates a case brought against a United States-based corporation, Union Carbide, that owned 51% of stock in an Indian corporation that was responsible for a chemical plant gas leak. The leak resulted in the death of 2,100 people and the injuring of over 200,000. The intricacies of the case are discussed.


The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill Jan 1986

The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill

Seattle University Law Review

The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …


Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer Jan 1986

Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer

Seattle University Law Review

Should the National Labor Relations Board' set aside representation elections because one or more parties has tried to influence the voting with misrepresentation of facts or law? Although the Board is responsible for ensuring fair elections, in Midland National Life Insurance Co. it embraced a rule inconsistent with this statutory responsibility, rejecting the Hollywood Ceramics Co. rule and narrowly limiting Board review of campaign misrepresentations. This Article examines the Midland standard in light of the Board's statutory duty to protect the right of employees to a free and fair choice of collective bargaining representatives. The Article reviews the historical development …


An Observation About Comparable Worth, George Schatzki Jan 1986

An Observation About Comparable Worth, George Schatzki

Seattle University Law Review

The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …


The Parenting Tax Penalty: A Framework For Income Tax Reform, Charles O'Kelley Jan 1986

The Parenting Tax Penalty: A Framework For Income Tax Reform, Charles O'Kelley

Faculty Articles

Part I considers the proper tax treatment of out-of-pocket parenting expenses such as the costs incurred in providing food, clothing, shelter, and other goods and services to children for their consumption. Part I first characterizes the principal design alternatives to the present flat dependency deduction. It then examines the dominant accretion definition of income and concludes that the current flat dependency deduction is more consistent with the accretion concept and our actual governing beliefs than any of the alternatives advocated by its critics. Part II considers the tax relevance of imputed income from self-performed services. It explains (1) how the …


"Phoenix Rising" And Federalism Analysis, David Skover Jan 1986

"Phoenix Rising" And Federalism Analysis, David Skover

Faculty Articles

The reaction to the Supreme Court's ruling in Garcia v. San Antonio Metropolitan Transit Authority leaves the decided impression that Garcia is a case of some importance, a milestone in the evolution of the constitutional doctrine of federalism. Whether Garcia will mark a radical shift in the jurisprudence of federalism, with major practical ramifications in the balance of federal and state economic regulatory powers, or whether the case is destined for a quick and unceremonious overruling is a question of some moment. This article evaluates the probable significance of Garcia for the development of the constitutional doctrine of federalism.


Symbol And Substance In The Minority Professoriat's Future, Henry Mcgee Jan 1986

Symbol And Substance In The Minority Professoriat's Future, Henry Mcgee

Faculty Articles

Professor McGee addresses the issues faced by minority professors. In an environment that is mostly white, the minority professor is confronted with problems simply by being present on campus. The minority professor also faces significant dilemmas with respect to his/her own community. As increasing numbers of minorities fall farther below the national socio-economic and social indicators, and racial isolation deepens and becomes more pervasive, the minority law professor becomes estranged from his/her own community.


My Greatest Benefactions, George L. Priest Jan 1986

My Greatest Benefactions, George L. Priest

Seattle University Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review Jan 1986

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Tribute To Fredric Tausend, Alfred J. Schweppe Jan 1986

Tribute To Fredric Tausend, Alfred J. Schweppe

Seattle University Law Review

No abstract provided.


On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey Jan 1986

On The Propriety Of The Public Interest Requirement In The Washington Consumer Protection Act—Wash. Rev. Code § 19.86, Susan K. Storey

Seattle University Law Review

This Note discusses first, whether the judicially created public interest element of a private consumer protection case can be justified by the language of the Consumer Protection Act and, second, assuming some justification for the element can be found, whether the public interest test, as delineated in Anhold v. Daniels and Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance Co. serves a purpose intended by the legislature.” This Note concludes that the public interest element is unnecessary because it hinders and often prevents consumer litigation of private damage actions under the Act. Moreover, the public interest element cannot be …


Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster Jan 1986

Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster

Seattle University Law Review

In McLinn, the Ninth Circuit significantly departed from the practice of the other circuits, and from its own prior practice, when it rejected the deferential standard of review normally applied to a federal district court's interpretation of state law. This Note discusses the Ninth Circuit's decision in McLinn and examines the deferential standard employed in the other circuits and in the United States Supreme Court. The Note takes the position that McLinn was correct in rejecting the former practice of accepting a district court's interpretations of state law unless clearly wrong, but that McLinn went too far in holding …


Table Of Contents, Seattle University Law Review Jan 1986

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Six Years Of A Deanship: A Tribute, Eugene A. Wright Jan 1986

Six Years Of A Deanship: A Tribute, Eugene A. Wright

Seattle University Law Review

No abstract provided.


The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer Jan 1986

The Court-Ordered Predisposition Evaluation Under Washington's Juvenile Justice Act: A Violation Of The Privilege Against Self-Incrimination?—Wash. Rev. Code § 13.40, Judith H. Ramseyer

Seattle University Law Review

This Comment analyzes the significance of the principles animating the constitutional privilege against self-incrimination by first looking at the purposes of Washington’s Juvenile Justice Act; second, by examining the status of the privilege against self-incrimination during sentencing; and third, by applying the values protected by the privilege to the use of predisposition psychological evaluations in Washington juvenile courts.


Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank Jan 1986

Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank

Seattle University Law Review

This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.


Tribute For Dean Tausend, Jean Braucher Jan 1986

Tribute For Dean Tausend, Jean Braucher

Seattle University Law Review

No abstract provided.


Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff Jan 1986

Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff

Seattle University Law Review

In 1984, a Florida court of appeals held that the Florida statutes prohibiting insurance agents from rebating part of their commissions to customers violated the due process clause of the Florida Constitution. The court concluded that no rational relationship exists between the anti-rebate statutes and the legitimate state purpose of protecting the public. The Florida decision is noteworthy because every state prohibits insurance agents and brokers from rebating to their customers a part of the commission earned from the sale of an insurance policy. In addition, every state prohibits unfair discrimination in pricing insurance policies and prohibits agreements between agents …


Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker Jan 1986

Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker

Seattle University Law Review

A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …


Book Review: The Goldmark Case By William L. Dwyer, John N. Rupp Jan 1986

Book Review: The Goldmark Case By William L. Dwyer, John N. Rupp

Seattle University Law Review

The book is about a libel case tried to a jury in the Superior Court for Okanogan County, Washington. You will not find it in the law reports, for it was not appealed. It ended twenty-one years ago, so it is an old case. Yet in the author's mind it is as fresh as the dawn breeze; and, as the wine people say, it has cellared well. The author is a good man and good lawyer who was lead counsel for the plaintiff. He takes us through the background facts and through the fascinating detail of the many tough decisions …


Tribute To Fred Tausend, Thomas Holdych Jan 1986

Tribute To Fred Tausend, Thomas Holdych

Seattle University Law Review

No abstract provided.


The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson Jan 1986

The Residential Tenant's Right To Freedom Of Political Expression, James E. Lobsenz, Timothy M. Swanson

Seattle University Law Review

This Article outlines the arguments to be made on behalf of residential tenants who display political signs and who encounter threats of eviction, rent increases, and other forms of landlord opposition. In Section II, the Article describes the development of the general principles of constitutional law applicable to disputes between property owners and tenants who wish to use the property owners’ premises as a forum for the expression of the tenants’ ideas and beliefs. Tracing the history of the United States Supreme Court rulings in this area, the authors analyze the waxing and waning of first amendment speech rights, the …


A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha Jan 1986

A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha

Seattle University Law Review

This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …


Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman Jan 1986

Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman

Seattle University Law Review

The specific purposes of this Article are twofold: first, an analysis of the SMA is set forth and then used in simple statistical comparisons to evaluate decisions rendered by local governments, superior courts, and the Shorelines Hearings Board (SHB) during the period 1974-1983; second, to present a numerical model that represents the verbal interpretation of the SMA with a simple arithmetical equation using weighted variables. These variables correspond to objectives identified in interpretations of the SMA. Decisions of the SHB and appellate courts during this period are explained in a statistical manner through use of the model. Neither computer7 nor …


Tribute To Fredric Tausend, Philip M. Phibbs Jan 1986

Tribute To Fredric Tausend, Philip M. Phibbs

Seattle University Law Review

No abstract provided.


The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress Jan 1986

The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress

Seattle University Law Review

Coast to Coast Stores, Inc. v. Gruschus was the first Washington case to deal with the potential conflict between the Uniform Commercial Code (U.C.C.) and the Franchise Investment Protection Act (FIPA), arising when a franchisor repossesses goods after a franchisee defaults under a security agreement. The Washington Supreme Court avoided the conflict, however, by holding that because the franchisor never terminated the franchise, the FIPA protections were not triggered. The U.C.C. remedies therefore applied: the franchisor could collect the proceeds of a liquidation sale of the secured goods-in this case the franchisee's inventory and supplies-in reduction of the franchisee's indebtedness; …


Table Of Contents, Seattle University Law Review Jan 1986

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.