Law Commons^™

Environmental Protection Agreements In Japan And The United States, Susan Ridgley

Washington International Law Journal

In an environmental protection agreement, local government regulatory authorities and the regulated industry enter into a binding written agreement that specifies limits on pollution and supplements the applicable regulatory requirements. They have been utilized in Japan for over twenty years. This Comment discusses the content and practical uses of these agreements as they have been used in Japan, and postulates their legal status under three theories: that such agreements are relational social contracts; that they are informal administrative guidance; and that they are civil contracts. The legal character of environmental protection agreements in Japan has never been well-defined, primarily because …

The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh

Washington International Law Journal

The 1992 Employment Service Act, the first major law in Taiwan to legalize the hiring of blue-collar foreign workers, was adopted to stem the tide of illegal aliens while alleviating Taiwan's labor shortage. The Act and its Implementary Provisions, however, have not resolved the problems caused by the influx of foreign labor. Taiwan's foreign labor policy has not curtailed the influx of illegal aliens, and in an effort to resolve the labor shortage without recognizing the consequences of importing foreign labor, Taiwan has encouraged the continuation of labor-intensive industries and has indirectly perpetuated the continuation of employer abuses against foreign …

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

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.

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

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

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

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

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

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

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

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 …

An Explanation Of Japan's Product Liability Law, Thomas Leo Madden

Washington International Law Journal

Japan has been contemplating the implementation of a product liability system since 1972. After much discussion, the Product Liability Law (Law No. 85 (1994)) was finally promulgated on July 1, 1994. It came into force one year later on July 1, 1995. In Japanese the law is called Seizōbutsu Sekinin Hō. The original article explains the law's historical significance and practical impact. It is commentary in style and is meant to serve as a basic guideline to help both consumers and businesses understand their respective rights and obligations under this new law.

Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day

Washington International Law Journal

Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …

Why Japan's New Products Liability Law Isn't, Andrew Marcuse

Washington International Law Journal

The statutory language of Japan's 1994 Products Liability Act envisions a strict liability regime that would replace the previous negligence-based regime. This Comment reviews the development of the previous products liability regime, then analyzes the 1994 Products Liability Act in relation to Civil Code articles 415, 570, and 709 as well as EC Directive 85/374, and the 1975 Draft Model Law on Products Liability. The Comment concludes that because the 1994 Products Liability Act incorporates the Civil Code articles and their judicial interpretations, without addressing any of several structural and procedural barriers to suit, the 1994 Products Liability Act cannot …

Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng

Washington International Law Journal

The increasing need for an adequate legal framework for the protection of trade secrets in the People's Republic of China led to the 1993 promulgation of the Law for Countering Unfair Competition ("LCUC"). The LCUC has removed some of the barriers to obtaining effective remedies. Under the LCUC, the injured party can rely on a legal definition of "trade secrets," sue third parties, and expect that authorities will investigate violations. Nevertheless, barriers to adequate protection for trade secrets remain. In discussing the legal framework for trade secrets protection, this Article illustrates how the ambiguity of the LCUC's relationship with other …

Russian Dumping Of Radioactive Wastes In The Sea Of Japan: An Opportunity To Evaluate The Effectiveness Of The London Convention 1972, James R. Mccullagh

Washington International Law Journal

By dumping 900 tons of radioactive waste into the Sea of Japan on October, 13, 1993, the Russian navy violated the moratorium on low-level radioactive waste dumping of the London Convention (the international treaty controlling ocean dumping). However, legal liability under the London Convention, the 1982 United Nations Convention on the Law of the Sea, and international customary law arguably does not attach to this activity. Indeed, even though the London Convention was amended in November of 1993 to prohibit all ocean dumping of radioactive waste, Russia remains legally entitled to use the ocean as a disposal site for low-level …

Deforestation In Cambodia And Malaysia: The Case For An International Legal Solution, Heather A. Wolf

Washington International Law Journal

The logging of tropical timber for the export market is the primary cause of deforestation in Southeast Asia. The problem of controlling the tropical timber trade has been addressed on both the national and international level. The existing legal mechanisms, however, have proven to be inadequate. A new multilateral agreement based on the import and export permit system of the Basel Agreement is necessary to control the timber trade and to aid in halting deforestation.

How To Use A Law Library, Penny A. Hazelton, Peggy Roebuck Jarrett

Chapters in Books

1. Getting Acquainted
2. People in Libraries
3. Collection Organization
4. Access to the Collection
5. Access to the Contents of the Library Collections
6. Access to Legal Information Without Leaving the Comfort of Your Home or Office
7. Appendix 1, Law Libraries in Washington State
8. Appendix 2, Free or Low Cost Advocacy, Information, and Referral fr King County Residents

Appendix I: City And County Codes In Washington Libraries, Peggy Roebuck Jarrett

Librarians' Chapters in Books

Contains a list of libraries that own copies of city and/or country codes in Washington State.

Computer-Assisted Legal Research, Peggy Roebuck Jarrett, Nancy Mcmurrer, Mary Whisner

Librarians' Chapters in Books

• Introduction
• Reasons to Use CALR
• Types of CALR
• Online Services: Lexis-Nexis and Westlaw
• CD ROM Products
• Bulletin Board Systems
• Internet

Fundamentals Of Legal Research In Washington, Mary Whisner

Librarians' Chapters in Books

• Introduction and General Research Texts
• Secondary Sources
• Statutes
• City and County Codes
• Administrative Regulations
• Case Law
• Case Finding Tools
• Attorney General Opinions
• Citator Services
• Citation Format
• Appendix: Office of Reporter Style Sheet

Acronyms And Abbreviations, Cheryl Rae Nyberg

Librarians' Chapters in Books

Acronyms and abbreviations that are used throughout this book and that are frequently encountered in Washington legal materials are listed below, along with the full names or titles they represent. The list includes publications (the full titles are printed in italics); bar associations and legal organizations; federal and state agencies, boards, commissions, and departments; legal terms; court rules; statutes; and electronic databases and services. Washington State agencies are designated by the word Washington in parentheses; sections or programs of the Washington State Bar Association are indicated by WSBA in parentheses. It is a representative, not a comprehensive, list.

Legislative History And Bill Tracking, Peggy Roebuck Jarrett

Librarians' Chapters in Books

• Researching Legislative History in Washington
• Legislative Bill Tracking

Administrative Decisions And Materials, Cheryl Rae Nyberg

Librarians' Chapters in Books

• Introduction
• Administrative Agencies' Functions and Procedures
• Multi-Agency Sources of Administrative Decisions
• Agency-Specific Sources
• Agency Decisions at a Glance

Nonlegal Research, Peggy Roebuck Jarrett, Mary Whisner

Librarians' Chapters in Books

• Introduction
• Finding People, Organizations, Etc.
• Finding Factual Information
• Writing

Managing Your Library: With Or Without A Librarian, Peggy Roebuck Jarrett

Librarians' Chapters in Books

• Managing Your Library: With or Without a Librarian
• Hiring a Librarian
• Managing Your Library: A Selected Bibliography
• Selection of Materials
• Library Support Services in King County
• Document Delivery Services
• Legal Publishers and Distributors: A Selected List
• Publishers of Washington Legal Periodicals

Washington Practice Materials, Nancy Mcmurrer

Librarians' Chapters in Books

• Introduction
• Encyclopedic Sources
• Deskbooks, Manuals, Treatises, and Self-Help Sources
• Continuing Legal Education Materials and CLEDEX
• Litigation Aids
• Ethics Opinions
• Directories
• Current Awareness

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 …