Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (7)
- Constitutional Law (6)
- Legal History (6)
- Criminal Law (3)
- Courts (2)
-
- Property Law and Real Estate (2)
- Torts (2)
- Bankruptcy Law (1)
- Civil Procedure (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Environmental Law (1)
- Estates and Trusts (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Insurance Law (1)
- International Law (1)
- Judges (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Land Use Law (1)
- Law and Politics (1)
- Law and Psychology (1)
- Legal Education (1)
- Legal Writing and Research (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Natural Resources Law (1)
- Organizations Law (1)
- Keyword
-
- Constitution (5)
- Constitutional interpretation (5)
- Framers' intent (5)
- Interpretive theory (5)
- Original intent (5)
-
- Seattle University (3)
- Seattle University Law Review (3)
- Declaration of Independence (2)
- Jaffa (2)
- 9th Circuit (1)
- ABA (1)
- Abatement (1)
- Abortion (1)
- Abraham Lincoln (1)
- Absentee beneficiary (1)
- Affirmative-negative test (1)
- American Bar Association (1)
- American legal education (1)
- Aquatic Lands Act (1)
- Article III (1)
- Article III section 12 (1)
- Association of American Law Schools (1)
- Bankruptcy (1)
- Book review (1)
- Burger Court (1)
- Capital punishment (1)
- Child abuse (1)
- Claim preclusion (1)
- Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission (1)
- Coastal access (1)
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
The Public Trust Doctrine In Washington, A. Reid Allison Iii
The Public Trust Doctrine In Washington, A. Reid Allison Iii
Seattle University Law Review
This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”
Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf
Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf
Faculty Articles
In 1987, the 6th annual American Red Cross-Washington College of Law Conference on International Humanitarian Law convened to discuss the 1977 Protocols Additional to the 1949 Geneva Conventions. This article outlines the proceedings of the various workshops, serving as a richly detailed scholarly source for a significant historical event.
Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee
Counsel For The Accused: Metamorphosis In Spanish Constitutional Rights, Henry Mcgee
Faculty Articles
The article begins with a discussion of the social and political background that influenced the emergence of the constitutionally guaranteed right to counsel in Spanish law. Next, it traces the constitutional development and legislative refinements of the right to counsel. It then considers judicial refinements of that right. The article concludes with a comparison of the Spanish process of articulating the right to counsel with the parallel process in the United States and what such differences bode for U.S. scholars.
Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson
Farm Crop Energy V. Old National Bank: A Meaningful Test For Damages Under Promissory Estoppel?, Glen Andrew Anderson
Seattle University Law Review
This Note proposes that an award of lost profits under promissory estoppel should be made only when the circumstances surrounding the making of the promise justify enforcing it as if it were a contract. Operating on the assumption that a promise is found to be a reasonable basis for reliance, this Note will propose some criteria by which a court can determine when a promise justifies a damage award in excess of the costs of reliance. These criteria will then be applied to the Farm Crop facts to demonstrate that remedies can be administered under a standard that is rational …
Modern Practice In The Indian Courts , Michael Taylor
Modern Practice In The Indian Courts , Michael Taylor
Seattle University Law Review
This Article is intended to provide a basic overview of Indian court jurisdiction and practice for those affected by the National Farmers Union Insurance Company v. Crow Tribe of Indians decision. Part II discusses, in detail, the National Farmers Union Insurance Company v. Crow Tribe of Indians holding. Part III is an overview of the history, structure, and types of Indian courts. Part IV deals with the complexities of jurisdiction, and Part V, constitutional and civil rights issues in Indian courts. Part VI summarizes the basics of Indian court practice and procedure.
Precluding Government Relitigation Of Statutory Interpretations: Clark-Cowlitz Joint Operating Agency V. Federal Energy Regulatory Commission, Bradley Bishop Jones
Precluding Government Relitigation Of Statutory Interpretations: Clark-Cowlitz Joint Operating Agency V. Federal Energy Regulatory Commission, Bradley Bishop Jones
Seattle University Law Review
This Note explores the issue of the applicability of the preclusion doctrines against the government. Specific focus is placed upon the doctrines’ application in cases where the government has previously litigated a question of statutory interpretation. The exploration begins with the recent case of Clark-Cowlitz Joint Operating Agency v. Federal Energy Regulatory Commission (Clark-Cowlitz), a classic factual setting for analyzing this issue. The Note then briefly examines the historical developments of the preclusion doctrines and the United States Supreme Court’s recent and continuing struggle with the application of the doctrines against the government. It is the position of …
What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa
What Were The "Original Intentions" Of The Framers Of The Constitution Of The United States?, Harry V. Jaffa
Seattle University Law Review
This Article explains how the doctrine of original intent might be defended as the basis for interpreting the Constitution. The deepest political differences in American history have always been differences concerning the meaning of the Constitution, whether as originally intended, or as amended. Since the Civil War, the debate has often taken the form of a dispute over whether or not the Civil War amendments, notably the fourteenth, have changed the way in which the whole Constitution, and not only the amended parts, is read or interpreted. It is not possible to even discuss how or whether the Civil War …
Seven Questions For Professor Jaffa, George Anastaplo
Seven Questions For Professor Jaffa, George Anastaplo
Seattle University Law Review
This Article poses questions inspired by the four essays collected in Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article offers, in addition to fresh reflections upon these questions, three appendices, which bear upon various matters touched upon by Professor Jaffa. These appendices include, “The Founders of Our Founders: Jerusalem, Athens, and the American Constitution,” “The Ambiguity of Justice in Plato’s Republic,” and “Private Rights and Public Law: The Founders’ Perspective.” The Epilogue provides informed observations of a scholar who comments on the differences between Professor …
The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread
The Counterrevolution Enters A New Era: Criminal Procedure Decisions During The Final Term Of The Burger Court, Charles Whitebread
Seattle University Law Review
This Article canvases the Burger Court’s counterrevolution in criminal procedure effectuated by a series of rulings that restructured the balance between the state and the criminally accused. The Article identifies the five major themes that have marked the Burger Court’s counterrevolution in criminal procedure and demonstrates how these themes were illustrated by various decisions this term during the 1985-86 term. After providing this background, the Article poses questions of how shifts in the composition of the Court may affect the trajectory of criminal procedure.
Balancing The Statute Of Limitations And The Discovery Rule: Victims Of Incestuous Abuse Are Denied Access To Washington Courts—Tyson V. Tyson, Naomi Berkowitz
Balancing The Statute Of Limitations And The Discovery Rule: Victims Of Incestuous Abuse Are Denied Access To Washington Courts—Tyson V. Tyson, Naomi Berkowitz
Seattle University Law Review
This Note addresses the Washington Supreme Court’s reasoning in Tyson v. Tyson in light of the incest victim and the nature of her injury, with a focus on the justification for the statute of limitations and the development of the discovery rule exception in Washington law. This Note then argues for the logical and just extension of the discovery rule to cases involving the victims of repeated incestuous abuse who discover the abuse after the statute of limitations has run.
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Substituted Judgment And The Right To Refuse Shock Treatment In Washington: In Re Schuoler, Gregory S. Marshall
Seattle University Law Review
This Note will first analyze and evaluate two competing decision-making models established in other jurisdictions. The Note will then apply that analysis to Schuoler and critically evaluate that decision. The Note will conclude that while the Washington court follows the more appropriate judicial substituted judgment model, its poor articulation of that model may defeat the purpose of the decision: to protect a mental patient's right to refuse ECT.
The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin
The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin
Seattle University Law Review
This Note analyzes the historical position taken by Washington courts regarding servitudes and tax sales prior to and subsequent to the 1959 statute dealing with easements. The Note next examines the Palzer holding, the degree to which it aligns Washington's position with that of the majority, and its limited support for future litigation involving other forms of servitudes.
Legislative Lapses: Some Suggestions For Probate Code Reform In Washington, Mark Reutlinger
Legislative Lapses: Some Suggestions For Probate Code Reform In Washington, Mark Reutlinger
Seattle University Law Review
This Article points out a number of lapses in the law of wills in Washington, which were encountered in the course of research for a treatise on that subject, and suggests possible ways to reconcile or eliminate them. Because that research was probably the first attempt in some time to look at the entire law of wills in Washington as a unified whole, it afforded the first opportunity in many years to discover and consider some of the more obscure (as well as the more obvious) lapses in the law. In addition, the Article will discuss areas of the law …
Book Review: Law School: Legal Education In America From The 1850s To The 1980s By Robert Stevens, Eric A. Chiappinelli
Book Review: Law School: Legal Education In America From The 1850s To The 1980s By Robert Stevens, Eric A. Chiappinelli
Seattle University Law Review
This Book Review examines Law School: Legal Education in America from the 1850s to the 1980s, by Robert Stevens. The Review explains that the book is a history of American legal education from 1850 through 1945, with a foreshortened treatment of events to 1870 and a prolonged view of the period between 1870 and 1945. Stevens’s work is chronological and details three developments: the hegemony of Harvard and later the American Bar Association and the Association of American Law Schools over educational standards; the role of Harvard in establishing the primacy of the case method of instruction; and the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman
Foreword: On Jaffa, Lincoln, Marshall, And Original Intent, Lewis E. Lehrman
Seattle University Law Review
This Foreword introduces the article to follow written by Harry V. Jaffa, scholar of Abraham Lincoln’s political philosophy. The Foreward provides background material necessary to contextualize the ongoing debate surrounding constitutional interpretation emphasizing original intent addressed in Jaffa's article.
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz
Seattle University Law Review
This Article replies to Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article focuses on the gap the author argues Professor Jaffa left between the consciousness of the Framers and the practice of judicial review today. The author argues that the understanding that Professor Jaffa brings to the intent of the Framers is one that opens up the Constitution to the call of justice, but the author critiques the utility of Professor Jaffa’s work in resolving the contentious constitutional issues of today, including abortion and capital punishment.
Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone
Professor Harry V. Jaffa Divides The House: A Respectful Protest And A Defense Brief, Robert L. Stone
Seattle University Law Review
This Article replies to Professor’ Jaffa’s article, “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?,” and book, The Crisis of the House Divided. The Article argues that Professor Jaffa’s method throughout his indictment of legal scholars has three flaws. First, the Article argues that Professor Jaffa takes statements of sensible political compromises-such as support for judicial restraint, British traditions, and local self-government-and treats them as if they were philosophical statements. Second, the author contends that Professor Jaffa assembles a composite indictment, which in law is appropriately applied only to an indictment against …
The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella
The Legal Rights Of Nonsmokers In The Workplace, Raymond L. Paolella
Seattle University Law Review
This Article examines the legal rights of nonsmokers based upon the common law right to a safe workplace, federal and state laws protecting handicapped persons, other tort theories, various federal and state statutory provisions, administrative regulations, and local ordinances. Although strong emphasis is placed on the legal rights of nonsmokers in the workplace, the rights of nonsmokers in public places will also be discussed. The main focus is on Washington law; however, the common law and federal law theories discussed in this Article should be viable in many other jurisdictions throughout the United States.
Sanctuary: The Legal Institution In England, Steven Pope
Sanctuary: The Legal Institution In England, Steven Pope
Seattle University Law Review
This Article discusses the institution of sanctuary that was recognized under the Common Law of England from at least the early Middle Ages until the Jacobean period, that is, from about the seventh to the seventeenth centuries A.D. This Article does not include a specific discussion of the modern American idea of sanctuary as the term is applied to the act of aiding an alien to remain illegally in the United States to escape political persecution in the alien’s own country. However, a consideration of the historical institution of sanctuary may shed light on the contemporary issue in two ways. …
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Washington's Partial Veto Power: Judicial Construction Of Article Iii, Section 12, Heidi A. Irvin
Seattle University Law Review
This Note recommends that the separate subject test employed by Washington courts in reviewing the constitutional validity of partial vetoes be abandoned like the affirmative-negative test before it. In the alternative, the Constitution should be amended to remove any perceived need for a subjective judicial test. As a last-choice solution to the problem of uncertainty and inefficiency in the legislative process, the legislature should use its override powers more extensively.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Article Iii And The "Related To" Bankruptcy Jurisdiction: A Case Study In Protective Jurisdiction, Thomas C. Galligan, Jr.
Seattle University Law Review
Section II of this paper briefly sets out the jurisdictional scheme of the 1984 Act. Section III presents and describes the argument that the "related to" bankruptcy jurisdiction is unconstitutional. Statements in the legislative history indicate that some legislators believed it would be unconstitutional for a federal court to take jurisdiction in a non-diversity case with Marathon-type state law issues. Several cases have adopted this reasoning and have held that in order for a federal court to have "related to" bankruptcy jurisdiction there must be an independent basis for federal jurisdiction. The Supreme Court cases supporting "related to" jurisdiction are …
Tank V. State Farm: Conducting A Reservation Of Rights Defense In Washington, Matthew L. Sweeney
Tank V. State Farm: Conducting A Reservation Of Rights Defense In Washington, Matthew L. Sweeney
Seattle University Law Review
The key to properly conducting a reservation of rights defense is understanding the interrelationship between insurer, policyholder, and defense counsel. In <em>Tank v. State Farm Fire & Casualty Co.</em>, the Washington Supreme Court addressed the rights and duties of the insurer and defense counsel conducting a reservation of rights defense.
Communication In The Ninth Circuit: A Concern For Collegiality, Stephen L. Wasby
Communication In The Ninth Circuit: A Concern For Collegiality, Stephen L. Wasby
Seattle University Law Review
After a discussion of the court's basic organization, the general stages of consideration of a case will be briefly described. Then attention will be focused on communication between the judges about cases. Cases before screening panels will be discussed first. Then cases set for argument before three-judge panels will be examined beginning with pre-argument communication, extending through exchanges at argument, the postargument conference, and the post-conference period. This will be followed by discussion of communication leading to the call for an en banc court. Communication among judges chosen for an en banc court will be considered next along with intracircuit …
Book Review: Legal Writing: Getting It Right And Getting It Written By Mary Barnard Ray And Jill J. Ramsfield, Ruth C. Vance
Book Review: Legal Writing: Getting It Right And Getting It Written By Mary Barnard Ray And Jill J. Ramsfield, Ruth C. Vance
Seattle University Law Review
Legal Writing: Getting It Right and Getting It Written is a legal writing aid that is in a class by itself. This book does not fall neatly into the five predictable classifications of legal writing texts: those on legal research, those devoted to brief writing and oral argument, those on how to take law examinations and brief cases, those aimed at polishing grammar and style, and those that treat the subject generally. While there is still no single text that will completely cover any legal writing course, the references in Legal Writing obviate the need for a grammar and style …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.