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Articles 1 - 30 of 129
Full-Text Articles in Law
Brief Of Amicus Curiae Labor Law Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality
Brief Of Amicus Curiae Labor Law Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Pamela Harris et al. v. Pat Quinn, Governor of Illinois et al.
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Union Made: Labor’S Litigation For Social Change, Charlotte Garden
Faculty Articles
Unions are key repeat players before the Supreme Court. Their involvement extends beyond what one might expect (labor) and extends to key cases involving federalism, discrimination, affirmative action, the First Amendment, and workplace health and safety, among others. Though scholars have written about how other union activity, like collective bargaining, impacts non-union workers, the role and impact of union participation in non-labor litigation has largely been ignored in the public debate over unions in America and in the academic literature about what unions do. This article focuses on unions’ Supreme Court litigation that arises outside of the context of traditional …
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
The Chapter 11 Efficiency Fallacy, Diane Lourdes Dick
Faculty Articles
This article challenges the persistent claim that Chapter 11's increasing utilization of market mechanisms will help facilitate economically efficient resolutions of corporate financial distress. Using two recent case studies, this article shows that, in fact, these mechanisms are used by stakeholders with existing market power to take control of the restructuring process and extract rents at the expense of other constituents: creditors, equity holders, and—in the case of companies that receive governmental bailouts—taxpayers. These distortionary effects are obscured by a dominant, neoclassical legal paradigm that ignores institutional and political dynamics. This article advances a new explanatory model that draws upon …
Terror En El Crepúsculo: El Verdadero Legado De La Patrulla Fronteriza De Los Estados Unidos En La Península Olímpica Del Estado De Washington, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group
Terror En El Crepúsculo: El Verdadero Legado De La Patrulla Fronteriza De Los Estados Unidos En La Península Olímpica Del Estado De Washington, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group
Fred T. Korematsu Center for Law and Equality
Terror in Twilight: Border Patrol involvement in local policing
Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold
Introduction: Speaking Up For Justice, Suffering Injustice: Whistleblower Protection And The Need For Reform, Dana L. Gold
Seattle Journal for Social Justice
No abstract provided.
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
The Money Or The Media? Lessons From Contrasting Developments In Us And Australian Whistleblowing Laws, Terry Morehead Dworkin, A.J. Brown
Seattle Journal for Social Justice
No abstract provided.
Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin
Stymieing Controversy Over Generic Top-Level Domains (Gtlds) And Other Internet Governance Decisions With Content Neutrality, Nafees Uddin
Seattle Journal for Social Justice
No abstract provided.
Invisible Minority: People Incarcerated With Mental Illness, Developmental Disabilities, And Traumatic Brain Injury In Washington's Jails And Prisons, Bette Michelle Fleishman
Invisible Minority: People Incarcerated With Mental Illness, Developmental Disabilities, And Traumatic Brain Injury In Washington's Jails And Prisons, Bette Michelle Fleishman
Seattle Journal for Social Justice
No abstract provided.
Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney Lauren Anderson
Opening Doors: Preventing Youth Homelessness Through Housing And Education Collaboration, Courtney Lauren Anderson
Seattle Journal for Social Justice
No abstract provided.
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
To Mediate Or Adjudicate? An Alternative For Resolving Whistleblower Disputes At The Hanford Nuclear Site, Angela Day
Seattle Journal for Social Justice
No abstract provided.
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock
Seattle Journal for Social Justice
No abstract provided.
Flawed Forensics And The Death Penalty: Junk Science And Potentially Wrongful Executions, Jessica Dwyer-Moss
Flawed Forensics And The Death Penalty: Junk Science And Potentially Wrongful Executions, Jessica Dwyer-Moss
Seattle Journal for Social Justice
No abstract provided.
An Inconsistent Invitation: Am I Invited To Be A Party? How Not Affording Party Status To Youth In Washington Dependency Hearings Can Be A Violation Of Due Process, Laura Baird
Seattle Journal for Social Justice
No abstract provided.
Criminality And Corpulence: Weight Bias In The Courtroom, Valena Elizabeth Beety
Criminality And Corpulence: Weight Bias In The Courtroom, Valena Elizabeth Beety
Seattle Journal for Social Justice
No abstract provided.
Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group
Terror In Twilight: Border Patrol Involvement In Local Policing, Fred T. Korematsu Center For Law And Equality, Forks Human Rights Group
Fred T. Korematsu Center for Law and Equality
Terror in Twilight: Border Patrol involvement in local policing
Amici Curiae Brief On Behalf Of Chief Earl Warren Institute On Law And Social Policy, And The Anti-Defamation League, In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae
Amici Curiae Brief On Behalf Of Chief Earl Warren Institute On Law And Social Policy, And The Anti-Defamation League, In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Brief Of Freedom To Read Foundation, Et Al. As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal, Counsel For Amici Curiae
Brief Of Freedom To Read Foundation, Et Al. As Amici Curiae In Support Of Plaintiffs-Appellants And Supporting Reversal, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Brief Of Amicus Curiae Latina And Latino Critical Legal Theory, Inc. Supporting Plaintiffs-Appellants Urging Reversal, Counsel For Amici Curiae
Brief Of Amicus Curiae Latina And Latino Critical Legal Theory, Inc. Supporting Plaintiffs-Appellants Urging Reversal, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae
Brief Of The National Education Association And Arizona Education Association As Amici Curiae In Support Of Plaintiffs-Appellants, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Brief Of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, And Jean Stefancic As Amici Curiae In Support Of Appellants, Counsel For Amici Curiae
Brief Of Authors Rodolfo Acuña, Bill Bigelow, Richard Delgado, And Jean Stefancic As Amici Curiae In Support Of Appellants, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Brief For Amici Curiae 48 Public School Teachers In Support Of Appellants' Request For Reversal, Counsel For Amici Curiae
Brief For Amici Curiae 48 Public School Teachers In Support Of Appellants' Request For Reversal, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants
Brief Of Appellants, Lorraine Bannai, Robert S. Chang, Charlotte Garden, Fred T. Korematsu Center For Law And Equality, Attorneys For Appellants
Fred T. Korematsu Center for Law and Equality
Fighting Arizona's Attack on Ethnic Studies - Maya Arce, et al. v. John Huppenthal, et. al
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
A Deal Is A Deal: Plea Bargains And Double Jeopardy After Ohio V. Johnson, Philip Chinn
Seattle University Law Review
The Double Jeopardy Clause provides that no person will “be subject for the same offence to be twice put in jeopardy of life or limb.” On March 10, 2004, Pedro Cabrera made a statement that cost him fourteen years of his life: he proclaimed his innocence. The court accepted this plea and ordered a finding of guilty with a recommended sentence of six years. However, during an exchange that followed, Mr. Cabrera asserted that he was actually innocent but that he preferred “to take the time” instead of proceeding to trial. The judge then refused to accept Mr. Cabrera’s guilty …
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
State Session Freeze Laws—Potential Solution Or Unconstitutional Restriction?, Dru Swaim
Seattle University Law Review
Since the Citizens United decision in 2010 reduced Congress’s ability to constitutionally regulate money in elections, proponents of campaign finance reform have looked for alternative ways to achieve the goals of greater transparency and reduce the amount of money spent in federal elections. In the three years since Citizens United, the amount of money spent in federal campaigns has increased exponentially. In fact, the total amount of money spent in federal elections has nearly doubled since 2000. Citizens United represents a serious blow to the traditional methods used to restrict the amount of money in politics: limitations on the amounts …
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
The American Dream: Daca, Dreamers, And Comprehensive Immigration Reform, Heather Fathali
Seattle University Law Review
On June 15, 2012, President Obama made an announcement that changed the lives of millions. Effective immediately, the Obama administration would implement a new program—what would come to be known as Deferred Action for Child-hood Arrivals (DACA)—offering eligible undocumented young people both a two-year respite from the haunting possibility of deportation as well as the eligibility to apply for employment authorization. While millions were elated by the President’s announcement, he also faced harsh criticism. Many claimed that his action exceeded federal statutory limits, exceeded his Executive powers, and usurped congressional authority. Still others, anxious to see comprehensive immigration reform implemented, …
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Character, Liberalism, And The Protean Culture Of Evidence Law, Daniel D. Blinka
Seattle University Law Review
It is time to rethink character evidence. Long notorious as the most frequently litigated evidence issue, character doctrine plagues courts, trial lawyers, and law students with its infamously “grotesque” array of nonsensical rules, whimsical distinctions, and arcane procedures. Character is a calculation of social worth and value; it is the sum total of what others think of us, whether expressed as their own opinion or the collective opinions of many (reputation). Once we grasp that character is a social construct, we are in a better position to address some of the problems that plague evidence law. To provide needed clarity …
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
The Voice Of Reason—Why Recent Judicial Interpretations Of The Antiterrorism And Effective Death Penalty Act’S Restrictions On Habeas Corpus Are Wrong, Judith L. Ritter
Seattle University Law Review
By filing a petition for a federal writ of habeas corpus, a prisoner initiates a legal proceeding collateral to the direct appeals process. Federal statutes set forth the procedure and parameters of habeas corpus review. The Antiterrorism and Effective Death Penalty Act (AEDPA) first signed into law by President Clinton in 1996, included significant cut-backs in the availability of federal writs of habeas corpus. This was by congressional design. Yet, despite the dire predictions, for most of the first decade of AEDPA’s reign, the door to habeas relief remained open. More recently, however, the Supreme Court reinterpreted a key portion …
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Seattle University Law Review
Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Mania: The Lives, Literature, And Law Of The Beats, Ronald K.L. Collins, David M. Skover
Seattle University Law Review
The Beats introduced the counter-culture to twentieth century America. They were the first to break away from Eisenhower conformity, from the era of the Man in the Grey Flannel Suit. With them came an infusion of rebel spirit—a spirit that hearkened back to Walt Whitman—in their lives, literature, and law. Their literature spawned a remarkable chapter in American obscenity law. The prosecution of Allen Ginsberg’s epic poem, Howl, was the last of its kind in this nation; and the prosecution of William Burroughs’s Naked Lunch is one of the last times that a novel was charged as obscene. The First …