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Articles 31 - 56 of 56
Full-Text Articles in Law
Judicial Deference To Administrative Construction Of Washington's Law Against Discrimination: Griffin V Eller And Marquis V. City Of Spokane, Michael Spiro
Washington Law Review
Washington's Law Against Discrimination is a broad remedial statute, granting both a general civil right to be free from discrimination and prohibiting certain specific "unfair practices." Although no person may be prevented from bringing a cause of action to enforce his or her civil rights, the remedies available for unfair practices are more limited. The Washington State Human Rights Commission ("Commission") recognized this statutory distinction, interpreting the Law Against Discrimination ("Act") to grant independent contractors the right to bring a cause of action for violations of their civil rights and to confine the statute's small employer exemption to its own …
Is Sky Reefer In Jeopardy? The Mla's Proposed Changes To Maritime Foreign Arbitration Clauses, Soo Sandra Jin Lee
Is Sky Reefer In Jeopardy? The Mla's Proposed Changes To Maritime Foreign Arbitration Clauses, Soo Sandra Jin Lee
Washington Law Review
After almost sixty years of change in the international commercial arena, the United States needs to revise its maritime law to reflect international practice. Recently, the U.S. Supreme Court, in Vimar Seguros y Reaseguros, S.A. v. MIV Sky Reefer, held that foreign arbitration clauses in maritime bills of lading will be enforced. In an attempt to reverse this decision, the Maritime Law Association included in its proposal to revise the Carriage of the Goods by Sea Act a clause that specifically denies the enforcement of foreign arbitration clauses. This Comment argues that Congress should not adopt the proposed revision …
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Washington Law Review
Early American political thinkers deemed universal education essential to the proper functioning of a republican form of government. Accordingly, each state developed a public school system supported by general taxation. The Washington Constitution requires the system to be both "general" and "uniform." Common schools, for which certain school funds are constitutionally reserved, are the most important and only mandatory component of the system. Recent charter school proposals raise questions as to whether such institutions fit within a general and uniform system and whether they are "common schools" entitled to common school funds. In order to provide a framework for such …
Emergency Care And Managed Care—A Dangerous Combination, Diane E. Hoffman
Emergency Care And Managed Care—A Dangerous Combination, Diane E. Hoffman
Washington Law Review
Managed care plan subscribers in need of emergency medical treatment often face unduly restrictive plan practices. These practices may result in life-threatening injury or significant financial obligations on the part of plan subscribers. They are the result of a managed health care system that is inadequately regulated and overly concerned with cost control. Economic incentives lead plans to deny approval for emergency medical treatment or to deny retroactively coverage for such treatment. Emergency medical providers also are harmed by these practices, often forced to treat patients under federal law but denied payment for their services. This Article describes this problem …
A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman
A Matter Of Life And Death: Revising The Harmless Error Standard For Habeas Corpus Proceedings, David M. Bowman
Washington Law Review
Since 1967, federal courts have conducted harmless error analysis to determine whether to uphold a prisoner's conviction notwithstanding a constitutional error committed at the prisoner's trial. A review of the development of the harmless error doctrine reveals how the U.S. Supreme Court and federal courts have solidified a rational impact test to determine harmlessness. More recently, the U.S. Supreme Court has moved away from a clearly defined test with respect to errors alleged by habeas corpus petitioners. This Comment analyzes the obstacles faced by habeas petitioners in establishing a magnitude of error sufficient for reversal under the newer doctrine. It …
The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway
The Effort To Stop Abuse Of Foreign Workers In The U.S. Commonwealth Of The Northern Mariana Islands, Greg Holloway
Washington International Law Journal
This comment examines the problem of foreign worker abuse in the U.S. Commonwealth of the Northern Mariana Islands ("NMI"). The United States and the NMI have a unique relationship governed by an agreement known as the "Covenant." The Covenant creates fundamental barriers which will limit the effectiveness of federal efforts to resolve the foreign worker abuse problem in the NMI. This comment demonstrates that a balanced effort of prosecutions by both governments under U.S. federal labor law and NMI criminal law is needed to protect the well being of foreign workers in the NMI.
Domestic Child Abuse Under The U.N. Convention On The Rights Of The Child: Implications For Children's Rights In Four Asian Countries, Paula C. Littlewood
Domestic Child Abuse Under The U.N. Convention On The Rights Of The Child: Implications For Children's Rights In Four Asian Countries, Paula C. Littlewood
Washington International Law Journal
The United Nations Convention on the Rights of the Child is the first binding treaty to endorse children's rights as separate from both adults and the family, and is thus an important step in international law toward recognition of children as rights bearers. An inquiry into the extent to which children enjoy human rights logically begins with Article 19 of the Convention which guarantees a child's right to freedom from abuse and neglect by any party. While most literature in this area concentrates either on the rights guaranteed by the Convention or issues raised by studying child abuse across cultures, …
The Taxation Of Gifts And Bequests In Australia: A Prototype For Transfer Tax Reform In The United States?, Jeffrey S. Kinsler
The Taxation Of Gifts And Bequests In Australia: A Prototype For Transfer Tax Reform In The United States?, Jeffrey S. Kinsler
Washington International Law Journal
Australian tax law presents a possible prototype for the reform of gift taxation in the United States. Unlike the United States, Australia does not impose a separate transfer tax on gifts and bequests. Rather, gratuitous transfers of appreciated property are treated as capital gains under Australian tax law, exposing donors to income taxation. In an effort to interject the Australian model of taxation into the already robust debate over how best to reform the U.S. transfer tax system, this article examines the advantages and disadvantages of the Australian system and the Australian Income Tax Assessment Act ("ITAA").
New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang
New Developments In Environmental Law And Policy In Taiwan, Dennis Te-Chung Tang
Washington International Law Journal
This article provides a critical review of the important developments of the environmental laws and policies of the Republic of China on Taiwan since 1993. The article also supplements the author's 1990 and 1993 publications. Section II briefs the reader on background political and economic changes. Section III analyzes three new environmental statutes, including the Environmental Impact Assessment Act of 1994. Section IV investigates the problems encountered in some environmental initiatives, including the collection of air pollution control fees and the newly launched "four-in-one" recycling program. Section V summarizes important environmental decisions by the Administrative Court. Section VI suggests strategies …
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Regulations Restricting Internet Access: Attempted Repair Of Rupture In China's Great Wall Restraining The Free Exercise Of Ideas, Scott E. Feir
Washington International Law Journal
The People's Republic of China is in a paradox: While China needs computer networks to assist its plans for modernization, the government fears the uncontrolled exchange of information between China and the rest of the world. Therefore, the People's Republic of China enacted restrictive regulations controlling Internet usage. This comment examines China's attempt to control Internet use in light of these regulations and current censoring technology viewing China as a test case for other countries. Ifa combination of an authoritarian government, restrictive regulations, and physical network controls cannot prevent users in China from accessing and supplying prohibited information, then similar …
The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden
The Dissolution Of Aum Shinri Kyô As A Religious Corporation, Thomas Leo Madden
Washington International Law Journal
Because of Aum Shinri Kyô's terrorist attacks using sarin nerve gas, the Japanese government sought to revoke the religious cult's status as a religious corporation under the Religious Corporation Law. The Tokyo District Court found that, in setting up a sarin production facility, Aum had deviated from its purpose as a religious organization and had endangered the public welfare, thereby justifying an order of dissolution. The Tokyo High Court affirmed, but did not reach the issue of whether the dissolution order violated Aum's followers' right to freedom of religion as guaranteed by the Japanese Constitution. In affirming the dissolution order, …
A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle
A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle
Washington International Law Journal
Singapore and the United States approach the concept of retirement income replacement from different directions. The United States relies on the OASDI component of the Social Security Act, a tax-based intergenerational transfer program, while Singapore operates under the Central Provident Fund Act, which requires workers and their employers to contribute to a compulsory savings scheme. Elements of each program conflict with the cultural values of the society it serves, and each society could benefit from adopting certain components and underlying concepts of the other's national retirement plan.
One Size Does Not Fit All: The Failure Of Washington's Licensing Standards For Alcohol And Drug Treatment Programs And Facilities To Meet The Needs Of Indians, Kelly S. Croman
Washington Law Review
It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers no hope for improved treatment outcomes for Indians. This Comment demonstrates the inadequacy of Washington's current treatment facility and program licensing standards and examines the high costs of maintaining these standards. The Comment concludes with a proposal for specific legislation for the State of Washington.
Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter
Lifesaving Legislation: But Will The Washington Stalking Law Survive Constitutional Scrutiny?, Jennifer A. Hueter
Washington Law Review
In 1992, the Washington Legislature responded to public demand for a law that would allow criminal prosecution of stalkers by enacting Washington Revised Code section 9AA6.1 10. This stalking legislation makes it a crime to harass or repeatedly follow another person. This law may infringe an individual's right to speak and move freely and, because the law may unconstitutionally limit protected conduct, a defendant may successfully challenge this statute's constitutionality in the future. This Comment examines the potential constitutional challenges to the stalking law and suggests revisions to the current language in the statute.
Martial Lawlessness: The Legal Aftermath Of Kwangju, James M. West
Martial Lawlessness: The Legal Aftermath Of Kwangju, James M. West
Washington International Law Journal
On August 26, 1996, two former presidents of the Republic of Korea, Chun Doo-Hwan and Roh Tae-Woo, were convicted of insurrection, treason, and corruption. The charges arose out of their December 1979 coup and the ruthlessly violent suppression of a democratic protest in the city of Kwangju in May 1980. This article recounts the origins and analyzes the progress of this dramatic criminal trial, which has attracted worldwide attention. The current South Korean head of state, President Kim Young-Sam, has depicted the conviction of his predecessors as a historic juncture opening a new era of constitutionalism for Korea. Despite the …
The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson
The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson
Washington International Law Journal
This paper reviews social and legal issues in the current euthanasia debate. Focusing on Australia and the United States, the author argues that the legalization of physician-assisted suicide ("PAS") and/or active voluntary euthanasia ("AVE") is inevitable within the short to medium term, given recent developments which have undermined the sanctity of life ethic. Legal factors supporting this assessment include the changing definition of death, the growth of a legallyrecognized right to self-determination extending to the withdrawal of life-support, and the recognition by some courts that life support may be withdrawn without consent because life is considered to be futile. The …
The Taiwan Consumer Protection Law: Attempt To Protect Consumers Proves Ineffective, Carol T. Juang
The Taiwan Consumer Protection Law: Attempt To Protect Consumers Proves Ineffective, Carol T. Juang
Washington International Law Journal
Consumer protection is a relatively new social issue in Taiwan. With the passage of the Taiwan Consumer Protection Law ("CPL"), the government of Taiwan has taken a tremendous step towards the protection of its consumers' rights. However, industry leaders as well as consumers have voiced concerns over many of the provisions and terms in the CPL. Consumers have not taken advantage of the CPL as a means of legal recourse for product-related injuries, and industry groups have asked the government to reexamine particular aspects of the CPL. Such reaction has essentially rendered the CPL an unproductive piece of legislation.
Yamaha Motor Corp. V. Calhoun: An Examination Of Jurisidiction, Choice-Of-Laws, And Federal Interests In Maritme Law, B.J. Haeck
Washington Law Review
In Yamaha Motor Corp. v. Calhoun, the U.S. Supreme Court determined that state remedies were still available for non-seamen killed inside of a state's three-mile territorial sea, despite the existence of a general maritime remedy at federal law. This Note argues that the Court failed to consider its traditional tests when confronted with this choice between state and federal maritime law. In so doing, it erred in finding that state law was applicable. The Court's decision also created a conflict between the traditional standard of significant federal interest required in order to confer federal admiralty jurisdiction to tort plaintiffs …
In Re Mahurkar: The Federal Circuit's Misapplied Focus On Commercialization In "On Sale" Bar Analysis, Hugh H. Matsubayashi
In Re Mahurkar: The Federal Circuit's Misapplied Focus On Commercialization In "On Sale" Bar Analysis, Hugh H. Matsubayashi
Washington Law Review
In In re Mahurkar Double Lumen Hemodialysis Catheter Patent Litigation, the Federal Circuit held that a "sham" sale of an invention did not implicate the statutory "on sale" bar, which makes unpatentable any invention placed on sale more than one year prior to the filing of a patent application. This Note analyzes the Mahurkar decision's focus on the lack of commercialization of the invention in finding that a valid U.C.C. sale of an invention already reduced to practice does not implicate the "on sale" bar. It argues that under traditional "on sale" bar standards, a commercialization analysis is only …
Desperate Times And Desperate Measures: The Troubled State Of The Ordinary Course Of Business Defense—And What To Do About It, Lawrence Ponoroff
Desperate Times And Desperate Measures: The Troubled State Of The Ordinary Course Of Business Defense—And What To Do About It, Lawrence Ponoroff
Washington Law Review
The ordinary course of business defense to the bankruptcy trustee's preference avoiding power has been controversial since its enactment in 1978. Burdened with a cryptic legislative history concerning its underlying goals, this preference exception has gone through multiple reinterpretations at the hands of Congress and the U.S. Supreme Court. In recent years, faced with a potentially expansive reading of the ordinary course defense that threatened to eclipse the rule, courts have used the "ordinary business terms" element of the defense to engraft an objective requirement that the party asserting the defense establish conformity of the challenged transfer with prevailing industry …
The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb
The Jurisidctional Shadowland Between The Nlrb And The National Mediation Board: Who's In Charge?, Shaunta M. Knibb
Washington Law Review
The National Labor Relations Act exempts all persons subject to the Railway Labor Act (RLA) from its jurisdiction. As a result, for over fifty years the National Labor Relations Board (NLRB) has referred challenges to its jurisdiction based on the RLA to the National Mediation Board, the RLA's administering agency. In 1995, however, the NLRB's decisions in Federal Express Corp. and United Parcel Service, Inc. cast doubt on this policy. Even though the Court of Appeals for the District of Columbia then affirmed the NLRB's decision in United Parcel Service, the question of whether the NLRB has the authority …
A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan
A Legal Roadmap To Privatizing Government Services In Washington State, Nancy Buonanno Grennan
Washington Law Review
Government employers contract out and privatize some of their functions as one way of meeting the public's need for more efficient and effective services. The Washington State Supreme Court, in Washington Federation of State Employees v. Spokane Community College, interpreted the state's civil service laws as imposing a nearly complete bar on contracting out at the state level. That decision was later extended to local public sector employers, who already face complex collective bargaining rules that require them to bargain with unions about contracting out work that has been done or that could be done by their unionized employees. …
Mikhail Bakhtin And Change In The Common Law, Russell West Jr.
Mikhail Bakhtin And Change In The Common Law, Russell West Jr.
Washington Law Review
Traditional legal analysis comprehends change in the common law over time as a shifting legal response to different facts and circumstances. This approach does not examine the internal mechanisms by which the meaning of a judicial opinion changes when cited in later legal writing. Mikhail Bakhtin, a literary and cultural theorist, argued that any statement can be understood only through the context in which it is uttered and that every change in context causes a shift in the statement's meaning. This Comment analyzes the internal mechanisms of judicial opinions in light of Bakhtin's theories. First, this Comment describes one example …
Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood
Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood
Washington International Law Journal
The Japanese bar maintains that ethical considerations mandate a low admission rate. However, the bar's limit on the number of lawyers in Japan has socioeconomic effects that extend beyond the legal profession. Also, because there are too few Japanese lawyers, "quasi-lawyer" legal substitutes have emerged to satisfy pent-up demand for legal services. This comment suggests that the Japanese bar should expand its membership in order to address the shortage of legal services in Japan. An expanded bar could also address many of Japan's hidden socioeconomic ills.
Reducing Malapportionment In Japan's Electoral Districts: The Supreme Court Must Act, William Somers Bailey
Reducing Malapportionment In Japan's Electoral Districts: The Supreme Court Must Act, William Somers Bailey
Washington International Law Journal
Japan's Constitution does not expressly mandate periodic census and reapportionment of electoral districts. The Election Law only suggests reapportionment. Consequently, rapid population shifts in postwar Japan created endemic voter imbalances. The Japanese Supreme Court has made some attempts to prod the national parliament to take ameliorative action, but the result has always been "too little, too late." Nevertheless, the evidence shows that the parliament does heed the Court's decisions. This Comment urges the Court to tighten the three to one ratio it has developed for allowable voter imbalances to two to one or better, and to abandon doctrines like the …
Keeping Files On The File Keepers: When Prosecutors Are Forced To Turn Over The Personnel Files Of Federal Agents To Defense Lawyers, Lis Wiehl
Washington Law Review
The issue of whether criminal defense lawyers can compel federal prosecutors during pre-trial discovery to examine and turn over information in the personnel files of federal agents who will testify at trial has profoundly affected federal prosecutors, law enforcement agents, and defense lawyers alike. Demands for discovery of these files have risen steadily in recent years. In the hands of skilled defense counsel, information in a personnel file can be used to impeach an agent on the witness stand. For agents and prosecutors, much more is at stake than the way this information may be used at trial. Professional reputations …