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Articles 1 - 30 of 35
Full-Text Articles in Law
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Immigrants, Immigration Law, And Tuberculosis, Sana Loue
Washington Law Review
Current U.S. immigration law provides for the exclusion of all aliens who are "determined ... to have a communicable disease of public health significance. In addition to numerous sexually transmitted diseases such as infectious syphilis and gonorrhea, "communicable diseases of public health significance" include infectious tuberculosis and human immunodeficiency virus (HIV). The first portion of this Article provides a brief overview of the history and epidemiology of tuberculosis, as well as the diagnosis and management of the disease. The Article next reviews current information on tuberculosis in immigrant populations and proceeds to a discussion of U.S. immigration processes relating to …
The Uncertain Scope Of Sovereign Immunity In Washington After Savage V. State, Kristi Anderson Bjornerud
The Uncertain Scope Of Sovereign Immunity In Washington After Savage V. State, Kristi Anderson Bjornerud
Washington Law Review
In a recent decision, Savage v. State, the Washington Supreme Court declined to extend a parole officer's personal qualified immunity to the State where the plaintiff alleged negligent supervision of a parolee. This Note examines the effects of the Savage decision on the scope of sovereign immunity in Washington. It argues that the court has needlessly confused the boundaries of sovereign immunity, and should act either to abolish all judicially created limits on state liability, or create a clear test to determine under what circumstances an underlying immunity will be extended to a government employer sued on a respondeat …
When Antitrust Fails: Public Health, Public Hospitals, And Public Values, Michael S. Jacobs
When Antitrust Fails: Public Health, Public Hospitals, And Public Values, Michael S. Jacobs
Washington Law Review
In the past few years, large operating deficits have led governmental authorities in several major cities to close, sell, or substantially reduce the services of their public hospitals.' These decisions portend the arrival of what the New York Times has called a "looming crisis" in health care for the urban poor and uninsured. Should this crisis unfold, many public health programs are likely to be casualties, including those designed to treat and prevent the spread of communicable disease. Among others, programs aimed at the so-called "new" (multidrug resistant) tuberculosis are especially vulnerable to these compelling budgetary constraints. Poor urban populations …
Attorney-Client Privilege Versus The Pto's Duty Of Candor: Resolving The Clash In Simultaneous Patent Representations, Todd M. Becker
Attorney-Client Privilege Versus The Pto's Duty Of Candor: Resolving The Clash In Simultaneous Patent Representations, Todd M. Becker
Washington Law Review
Patent attorneys play dual roles: they are simultaneously attorneys and patent practitioners. Their dual role causes problems when the rules that govern one role conflict with the rules that govern the other. One such problem is illustrated in Molins PLC v. Textron, Inc., where a patent attorney simultaneously representing two clients was caught between the Patent & Trademark Office's duty of candor and the attorney's duty of confidentiality imposed by the rules of professional responsibility. The Molins decision presents a problem because it creates uncertainty about whether confidentiality can be maintained by using the attorney-client privilege to defeat the …
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
Washington Law Review
As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …
Crafting A New Means Of Analysis For Wrongful Discharge Claims Based On Promises In Employee Handbooks, Gabriel S. Rosenthal
Crafting A New Means Of Analysis For Wrongful Discharge Claims Based On Promises In Employee Handbooks, Gabriel S. Rosenthal
Washington Law Review
Over the past twenty years, the concept of employment at will has been eroded through exceptions permitting employees to sue employers for wrongful discharge under various theories. One such theory, implied-in-fact contract, grants employees the ability to sue based on promises made in employee handbooks. Although forty-seven states allow such claims, their legal analyses have been murky and varied. The reasons for this ambiguity are twofold. First, courts still feel compelled by the looming presence of employment at will to base exceptions on traditional theories of contract law. Second, the role of disclaimers has not been precisely defined. This Comment …
Simply A Matter Of Growing Pains? Evaluating The Controversy Surrounding The Growth Management Hearings Boards, Derek W. Woolston
Simply A Matter Of Growing Pains? Evaluating The Controversy Surrounding The Growth Management Hearings Boards, Derek W. Woolston
Washington Law Review
In 1990, the Washington Legislature enacted the Growth Management Act (GMA) intending to reduce urban sprawl and manage development throughout the state. In 1991, the GMA was amended to include an administrative dispute resolution system, involving three independent regional Growth Management Hearings Boards ("Boards") empowered to hear petitions and to determine whether a county or city is complying with the GMA. The breadth of discretion given to the Boards to scrutinize local government land use policies has prompted a barrage of criticism from both local governments and the regulated community. The tension is attributable to factors within the control of …
Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon
Legislative Reform Of Washington's Tuberculosis Law: The Tension Between Due Process And Protecting Public Health, Lisa A. Vincler, Deborah L. Gordon
Washington Law Review
This Article examines the tension between protecting public health in light of personal liberty interests in the context of these :recent reforms. Legislative reform was initiated based on changes in the nature of TB itself. Part II of the Article briefly examines the nature of TB and its new, multidrug resistant strains as well as its local and global incidence. The transmissibility of TB from a clinical (medical) perspective is discussed because the modes of transmission are critical to determining the nature of the public health risk. The clinical relationship between TB and the human immunodeficiency virus (HIV) is noted, …
Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach
Novel Scientific Evidence After Reese V. Stroh: The Washington Supreme Court's Love Affair With Frye, Robert D. Leinbach
Washington Law Review
In Reese v. Stroh, the Washington Supreme Court upheld the use of the Frye test as a threshold inquiry in civil cases involving novel scientific evidence. By affirming the decision of the court of appeals, but not its reasoning, the Washington Supreme Court side-stepped the court of appeals's argument for adoption of the Daubert standard in civil cases analyzing ER 702. This Note examines the decision in Reese v. Stroh and concludes that the Washington Supreme Court failed to determine clearly the proper analysis of ER 702 in cases involving novel scientific evidence. It further agrees with Justice Johnson's …
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Balancing The Barriers: Exploiting And Creating Incentives To Promote Development Of New Tuberculosis Treatments, Patricia C. Kuszler
Washington Law Review
This Article considers the many barriers that health-care providers and public health authorities face in stemming the modem TB epidemic. Part II reviews historical public health measures, their results, and their adaptability to resurgent and MDR-TB. Part III considers the fundamental barriers to a successful global effort using these public health strategies, concluding that these barriers are insurmountable given the current arsenal of anti-tuberculosis therapies. Part IV examines the reasons why research and development of new anti-tuberculosis drugs and vaccines have stagnated over the last quarter century. Finally, part V explores incentives that might revive research and development of such …
"Who Are You To Say What My Best Interest Is?" Minor's Due Process Rights When Admitted By Parents For Inpatient Mental Health Treatment, Kelli Schmidt
Washington Law Review
In State ex rel. T.B. v. CPC Fairfax Hospital, the Washington Supreme Court determined that minors who refuse to consent to inpatient mental health treatment, but are admitted by their parents nonetheless, have a statutory right to a prompt judicial review of the admission decision. This Comment argues that confining mature minors in mental hospitals against their will is a deprivation of both liberty and privacy interests and, as such, stringent due process protections are required, not only by Washington's current statutory scheme, but also by the U.S. and Washington Constitutions. It concludes by stating that the current statutory …
"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis
"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis
Washington Law Review
Congress passed the Age Discrimination in Employment Act (ADEA) to prohibit discrimination against older workers. The legislative history of the ADEA shows that Congress recognized that this discrimination most commonly stemmed from inaccurate stereotypes about the older worker. A review of ADEA cases decided between 1984 and 1995 demonstrates the frequent incidence of cases in which older workers allegedly were fired or not hired because of the higher salaries typically earned by these relatively experienced workers. This review also reveals that, applying an unduly mechanical version of the McDonnell Douglas/Burdine test, courts did not effectively identify (1) employment actions purportedly …
The Hidden First Amendment Values Of Privacy, Sean M. Scott
The Hidden First Amendment Values Of Privacy, Sean M. Scott
Washington Law Review
The private facts tort protects the privacy of individuals by punishing the publication of private information. The First Amendment protects the press when it publishes information in which the public has a legitimate interest. The right to keep information private and the right to publish information sometimes conflict. The First Amendment is often the victor in these conflicts; courts are concerned that the private facts tort threatens First Amendment values. This Article challenges the argument that punishing a media defendant for publishing truthful information will threaten unduly First Amendment values. The Article argues instead that the private facts tort promotes, …
Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar
Washington's Expansion Of The "Plan" Exception After State V. Lough, Jeannie Mayre Mar
Washington Law Review
In State v. Lough, the Washington Supreme Court ignored strong case law limiting the admission of an accused's prior misconduct under the plan exception to evidence rule 404(b) and upheld the admission of unproved wrongs against the accused. The plan exception to Washington Rule of Evidence 404(b) prohibits using misconduct evidence to show propensity, but admits such evidence if used to establish a defendant's overall design or plan to commit the charged offense. This Note analyzes the Washington Supreme Court decision to uphold admission of a defendant's uncharged misconduct under the plan exception. Moreover, this Note argues that the …
The Fda And The Biotechnology Indutry: A Symbiotic Relationship?, Tanya E. Karwaki
The Fda And The Biotechnology Indutry: A Symbiotic Relationship?, Tanya E. Karwaki
Washington Law Review
Food and Drug Administration (FDA) regulatory reform has become a controversial, politically charged issue of particular significance to the biotechnology industry. The fundamental factors driving the movement for FDA reform include the prohibitive costs associated with developing a product approved by the FDA and the pressure to participate in the international harmonization of biotechnology product regulations. Two recent Congressional bills, Senator Kassebaum's Food and Drug Administration Performance and Accountability Act of 1995, and Representative Burr's Drug and Biological Products Reform Act of 1996 provide vehicles for analyzing the direction and goals of FDA reform as they apply specifically to the …
Taxing Contingency Fee Attorneys As Investors: Recognizing The Modern Reality, Robert M. Amkraut
Taxing Contingency Fee Attorneys As Investors: Recognizing The Modern Reality, Robert M. Amkraut
Washington Law Review
In the 1995 case of Boccardo v. Commissioner, the Ninth Circuit changed the tax treatment of advances made by attorneys working on contingency fee arrangements. The court held that, in a specific type of contingency fee arrangement, costs paid by an attorney are deductible as ordinary and necessary business expenses. This decision not only challenges assumptions underlying decades of case law and centuries of legal ethical tradition, but it also undermines the tax accounting principle of matching expenses with related income. This Note summarizes the traditional rationales for prohibiting attorneys from deducting such costs and analyzes the Boccardo decision. …
Implementing The Uniform Conflict Of Laws-Limitations Act In Washington, Christopher R.M. Stanton
Implementing The Uniform Conflict Of Laws-Limitations Act In Washington, Christopher R.M. Stanton
Washington Law Review
The traditional rule for conflicts statutes of limitation is that the forum applies its own limitation period. In 1983, Washington adopted the Uniform Conflict of Laws-Limitations Act (the "Uniform Act") and is now one of six states to have adopted the Uniform Act. The Uniform Act represents the culmination of years of independent judicial and legislative attempts to change the traditional rule so as to provide some rational basis for the application of a particular statute of limitation in a given case. However, the Uniform Act presents some interpretive difficulties with respect to the question of which state's law forms …
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Washington Law Review
It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered …
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
Washington Law Review
In Vernonia School District 47J v. Acton, the U.S. Supreme Court held that the Fourth Amendment to the U.S. Constitution does not protect the privacy interests of the nation's public school student-athletes from mandatory, random urinalysis drug-testing. This Comment argues that article I, section 7 of the Washington State Constitution provides Washington's student-athletes greater protection than the Fourth Amendment and, consequently, proscribes mandatory, random urinalysis drug-testing. It concludes by providing parameters for student-athlete drug-testing programs that will pass state constitutional muster.
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers Jr.
The Sense Of Justice And The Justice Of Sense: Native Hawaiian Sovereignty And The Second "Trial Of The Century", William H. Rodgers Jr.
Washington Law Review
In 1993, Congress apologized to the Native Hawaiians for the political funny business of a century ago when the pineapple and sugar interests overthrew the Kingdom of Hawaii with tactical help from U.S. officials. Another apology will be in order for an unconscionable political trial now underway in the islands to punish one of the sovereignty leaders, Dennis "Bumpy" Kanahele, for a variety of imagined offenses that amount to the infliction of embarrassment on the U.S. To put this essay in context, it should be understood, first of all, that the struggle for Native Hawaiian lands and sovereignty is a …
Official English, Nationalism And Linguistic Terror: A French Lesson, Leila Sada Wexler
Official English, Nationalism And Linguistic Terror: A French Lesson, Leila Sada Wexler
Washington Law Review
Despite the preeminence of English in international discourse and census data indicating that ninety-nine percent of Americans speak English either very well or well, the Official English movement has garnered significant political support over the last ten years. Divorced from its political polemic, the objective of the Official English movement is the adoption of an "English Language Amendment" (ELA) to the Constitution that would require the use of English in public discourse as a matter of law. This Article approaches the question of what legal difference an ELA would make by studying the French experience under a recently adopted constitutional …
Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood
Crime And Punishment And Punishment: Civil Forfeiture, Double Jeopardy And The War On Drugs, David Osgood
Washington Law Review
Over the past several years, the Supreme Court taken a hard look at statutes that impose "quasi-criminal" sanctions such as "civil" punishment for criminal behavior. In several high profile cases, the Court has extended double jeopardy protection to defendants subjected to civil sanctions. By looking at the punitive intent behind "civil" sanctions, the Court has embroiled itself in the highly-charged debate surrounding civil drug forfeitures. This Comment examines the tension between the Court's emergent philosophy on double jeopardy and so-called "civil" sanctions, and its application in the Ninth Circuit case, United States v. $405,089.23, which the Court heard on …
Can Generic Products Be Disparaged? The "Of And Concerning" Requirement After Alar And The New Crop Of Agricultural Disparagement Statutes, Eric M. Stahl
Washington Law Review
Under the group libel principle, a statement broadly critical of a large group generally cannot give rise to a defamation claim; it is said that such a statement does not refer to, or is not of and concerning, any particular individual. This Comment addresses the extent to which the "of and concerning" requirement and group libel principle apply to claims of product disparagement, a tort similar to defamation but encompassing pecuniary injury, as opposed to damage to reputation, resulting from false statements. In particular, this Comment examines whether speech generally critical of a generic product can give rise to disparagement …
Hanging Up On Commercial Speech: Moser V. Fcc, Paul S. Zimmerman
Hanging Up On Commercial Speech: Moser V. Fcc, Paul S. Zimmerman
Washington Law Review
The Ninth Circuit Court of Appeals in Moser v. FCC upheld the constitutionality of provisions in the Telephone Consumers Protection Act which prevent the commercial use of devices that deliver a pre-recorded sales message to home telephones. This Note examines the history of the U.S. Supreme Court's treatment of commercial speech and argues that the Ninth Circuit decision failed to apply criteria reflective of the Court's conception of the significant role played by commercial speech in our economy and society.
Revising Washington's Corporate Practice Of Medicine Doctrine, Lisa Rediger Hayward
Revising Washington's Corporate Practice Of Medicine Doctrine, Lisa Rediger Hayward
Washington Law Review
Current Washington law prohibits the corporate practice of medicine. The courts have interpreted this doctrine to prohibit the employment of physicians by any entity, other than a professional corporation or health maintenance organization, even if the corporation only performs business functions. This Comment discusses the corporate practice of medicine doctrine in Washington and its usefulness in the modem health care environment. It argues that two of the doctrine's underlying justifications are effectuated more sensibly by current regulatory provisions and that the doctrine should be retained only to prevent lay interference with physician autonomy in medical decisions. This Comment recommends that …
Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor
Abuse Of Judicial Review: The Unwarranted Demise Of The Sexually Violent Predators Statute By Young V. Weston, Nathaniel L. Taylor
Washington Law Review
In Young v. Weston, the U.S. District Court for the Western District of Washington struck down Washington's Sexually Violent Predators statute which allows involuntary commitment of persons classified as sexual predators. This Note analyzes the arguments that the court put forth when it determined that the statute was unconstitutional. This Note argues that the case was wrongly decided because the statute is a constitutionally sound exercise of the State's police power.
The Federal Advisory Committee Act: An Obstacle To Ecosystem Management By Federal Agencies, Sheila Lynch
The Federal Advisory Committee Act: An Obstacle To Ecosystem Management By Federal Agencies, Sheila Lynch
Washington Law Review
Ecosystem management, the new guiding concept for federal land management, requires collaboration and information sharing across ownership boundaries, facilitation of changes in social values, and adaptation to new scientific and social information. Particularly in the western states, the federal land management agencies have been involved to varying degrees in innovative collaborative processes with the goal of implementing ecosystem management. However, the Federal Advisory Committee Act (FACA), which places numerous procedural requirements on certain federal interactions with non-federal parties, has been cited as an obstacle to federal participation in these efforts. This Comment presents an analytic framework for determining when FACA …
Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman
Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman
Washington Law Review
In November 1995, Washington voters rejected Initiative 164, a revolutionary property rights law that would have required governmental entities to compensate landowners for any loss in property value due to regulations on land use, unless those regulations were designed to prevent a public nuisance. Despite the initiative's defeat at the polls, a strong property rights movement is likely to prompt legislators to consider implementing a percentage-loss formula for determining when regulators owe compensation to property owners. This Comment discusses the inherent police power of the state to regulate property use in the public interest and argues that percentage-loss laws would …
Phonorecords And Forfeiture Of Common-Law Copyright In Music, Mark A. Bailey
Phonorecords And Forfeiture Of Common-Law Copyright In Music, Mark A. Bailey
Washington Law Review
A highly disputed issue surrounding the Copyright Act of 1909 is whether the public distribution and sale of recordings of a musical work constitutes "publication." Historically, unless the author followed the Act's formal requirements for obtaining statutory protection, publication injected the musical work irrevocably into the public domain. In a 1995 decision, La Cienega Music Co. v. ZZ Top, the Ninth Circuit unwisely broke from the tradition and common understanding in the music industry by holding that phonorecord distribution is a publication of musical compositions. After examining the history and purpose of the Copyright Act, as well as the …
Implications Of Foundational Crisis In Mathematics: A Case Study In Interdisciplinary Legal Research, Mike Townsend
Implications Of Foundational Crisis In Mathematics: A Case Study In Interdisciplinary Legal Research, Mike Townsend
Washington Law Review
As a result of a sequence of so-called foundational crises, mathematicians have come to realize that foundational inquiries are difficult and perhaps never ending. Accounts of the last of these crises have appeared with increasing frequency in the legal literature, and one piece of this Article examines these invocations with a critical eye. The other piece introduces a framework for thinking about law as a discipline. On the one hand, the disciplinary framework helps explain how esoteric mathematical topics made their way into the legal literature. On the other hand, the mathematics can be used to examine some aspects of …