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Articles 1 - 23 of 23
Full-Text Articles in Law
Civil Regulatory Jurisdiction Over Fee Simple Tribal Lands: Why Congress Is Not Acting Trustworthy, Yvonne Mattson
Civil Regulatory Jurisdiction Over Fee Simple Tribal Lands: Why Congress Is Not Acting Trustworthy, Yvonne Mattson
Seattle University Law Review
Part II of this Comment provides a background on the trust relationship between the U.S. Congress and Indian tribes, while Part III provides an historical analysis of federal policy and attitudes surrounding tribal sovereignty. Part IV discusses State authority over Indian tribes, while Part V briefly discusses the various forms of tribal property and provides a summary of the importance of the power to zone. Part VI discusses jurisprudence on civil regulatory jurisdiction over Indian tribes, specifically, the way in which the two leading cases, United States v. Montana and Brendale v. Confederated Tribes and Bands of the Yakima Nation …
The Use Of Pre-Existing Exclusionary Zones As Probationary Conditions For Prostitution Offenses: A Call For The Sincere Application Of Heightened Scrutiny, Gordon Hill
Seattle University Law Review
In Washington, precedent supports the application of a heightened level of appellate scrutiny to probationary conditions that infringe on fundamental liberties, but this scrutiny is often inconsistently applied and frequently heightened in name alone. This Comment argues that, because the justification for appellate court deference toward the trial courts' creation of probationary conditions has disappeared in the context of SOAP orders, appellate courts faced with such orders should more rigorously examine the trial court decisions. This heightened scrutiny is justified because SOAP orders infringe on the state-recognized right of intrastate travel. Further, based on an examination of the research on …
Judicial Abstinence: Ninth Circuit Jurisdictional Celibacy For Claims Brought Under The Federal Declaratory Judgment Act, Steven Plitt, Joshua D. Rogers
Judicial Abstinence: Ninth Circuit Jurisdictional Celibacy For Claims Brought Under The Federal Declaratory Judgment Act, Steven Plitt, Joshua D. Rogers
Seattle University Law Review
This Article focuses upon abstention in the context of the Federal Declaratory Judgment Act ("FDJA"). Part I will discuss the various forms of abstention and the historical progression and development of the abstention doctrine in federal case law, setting the background for the expansive holding in Huth v. Hartford Insurance Company of the Midwest. Part II of the article will discuss the procedural history of Huth and the respective rulings of the district court and the Ninth Circuit Court of Appeals as it relates to their application of the abstention doctrine. Part III will then analyze the numerous, and potentially …
Public Access To Juvenile Dependency Proceedings In Washington State: An Important Piece Of The Permanency Puzzle, Sara Vanmeter
Public Access To Juvenile Dependency Proceedings In Washington State: An Important Piece Of The Permanency Puzzle, Sara Vanmeter
Seattle University Law Review
This Comment argues that the Washington State legislature took an important step along the road to permanency for abused and neglected children in the state's care when it revised its Juvenile Court Act in 2003. This Act created the presumption that dependency proceedings are open to the public unless a judge determines that excluding the public is in the best interest of the child. This change in Washington state law represents one piece of the puzzle of reforms necessary to reach permanency goals for children in our child welfare system. Those states whose juvenile dependency hearings remainclosed should now consider …
Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick
Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick
Seattle University Law Review
This Comment explains how the Washington legislature and court system have failed to provide abused men with much needed protection, despite a law that is facially gender neutral. Following this Introduction, Part II explores the wording of Washington's domestic violence statutes and analyzes the current implementing regulations. Part III demonstrates that the problem of abused men is legitimate by examining increasing social awareness and the results of current studies. By examining the prevailing national viewpoint embodied in the Violence Against Women Act, Part IV discusses how such a viewpoint adversely affects the availability of resources for abused men. Part V …
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Electoral Recall In Washington State And California: California Needs Stricter Standards To Protect Elected Officials From Harassment, Joshua Osborne-Klein
Electoral Recall In Washington State And California: California Needs Stricter Standards To Protect Elected Officials From Harassment, Joshua Osborne-Klein
Seattle University Law Review
This article highlights the weaknesses of the electoral recall mechanisms in California and the way in which the Washington recall process has avoided such weaknesses. Part II provides general background information on the development of recall mechanisms. Part III explores how the United States Supreme Court has ruled on recall attempts and the specific guidance the Court has provided for states in developing adequately protective recall processes. Part IV analyzes the strengths and weaknesses of the California recall provisions by examining the recall-related opinions of California courts and the complexities of Governor Davis's recall. Part V provides a solution to …
Bono, The Culture Wars, And A Profane Decision: The Fcc's Reversal Of Course On Indecency Determinations And Its New Path On Profanity, Clay Calvert
Seattle University Law Review
This article examines the FCC's vigorous new approach to indecency and profanity determinations, including both the legal issues and the greater cultural, political, economic, and social contexts in which that approach is developing. Part I describes the FCC's initial decision regarding the Golden Globes' 2003 broadcast and then compares it with the March 2004 reversal. In the process, Part I lays the historical framework for the FCC's power over indecent expression on the public airwaves. Part II then contextualizes the FCC's new course of action within the framework of the ongoing cultural wars and political battles in the United States …
The Road Not Taken: Initial Interest Confusion, Consumer Search Costs, And The Challenge Of The Internet, Michael Grynberg
The Road Not Taken: Initial Interest Confusion, Consumer Search Costs, And The Challenge Of The Internet, Michael Grynberg
Seattle University Law Review
This article critiques the development and application of initial interest confusion and argues for a doctrine based on consumer search costs rather than a trademark owner's goodwill. Part I traces the origin of initial interest confusion and presents a theory, based on minimizing search costs, of when the concept should be applied. It then examines the application of initial interest confusion in light of the courts' uncertainty as to the purpose of the doctrine. Part II describes the doctrinal difficulties caused by the uncritical adoption of initial interest confusion to cases involving the Internet. These problems can be resolved by …
Erratum, Seattle University Law Review
Erratum, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Revisiting The Voyeurism Value In The First Amendment: From The Sexually Sordid To The Details Of Death, Clay Calvert
Revisiting The Voyeurism Value In The First Amendment: From The Sexually Sordid To The Details Of Death, Clay Calvert
Seattle University Law Review
This Article takes a fresh look at the question of "whether the First Amendment freedom of the press will protect our desire to watch against claims of invasion of privacy and other intrusive newsgathering practices [,]" and the fundamental tension between maintaining privacy and accelerating voyeurism, while addressing the notions of geographic privacy and newsworthiness that are critical in this conflict. In particular, this article surveys five specific and cutting-edge areas in the law that demonstrate the conflict between privacy and voyeurism and the legal system's struggles to reconcile the two concepts. Each of these is an area that has …
Rethinking Attorney Liens: Why Washington Attorneys Are Forced Into "Involuntary" Pro Bono, Zach Elsner
Rethinking Attorney Liens: Why Washington Attorneys Are Forced Into "Involuntary" Pro Bono, Zach Elsner
Seattle University Law Review
After a brief discussion of the history of the attorney lien in Part II, Part III discusses the basic rules governing the attorney lien in Washington. Part IV of this Comment discusses the various limitations on attorney liens and how those limitations have discouraged use or encouraged misuse of the statute. Part IV begins with a discussion of general professional responsibility concerns and continues with withdrawal and termination as they relate to attorney liens. Part IV concludes the Comment with a discussion of the inconsistencies of the retaining lien and a discussion of the various limitations on the charging liens.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti
Show Me The Money?: Washington Adopts The Cost Prohibitive Defense To Arbitration Clauses In Consumer Contracts, Merryn B. Debenedetti
Seattle University Law Review
The scope of this Note focuses on whether the courts have adequately corrected the substantive failures of mandatory arbitration agreements when they permit consumers to prove prohibitive costs. Part II of this Note explores the origin and history behind the adoption of the FAA and the legislative desire to place parties of equal bargaining power in a position to arbitrate. Part III examines the acceptance of this defense in other jurisdictions. Part IV considers the Mendez case and analyzes Washington's newly adopted approach to invalidate mandatory arbitration clauses in consumer contracts. Part V illustrates the appropriateness of this defense and …
Therapeutic Domestic Violence Courts: An Efficient Approach To Adjudication?, Hon. Catherine Shaffer
Therapeutic Domestic Violence Courts: An Efficient Approach To Adjudication?, Hon. Catherine Shaffer
Seattle University Law Review
Part II of this Article will explore the history of state intervention to confront domestic violence, along with some of the attitudes that contribute to the lack of adequate enforcement of recent legislative reforms. Part III of this Article will discuss the costs of domestic violence and the impact of superficial court treatment in reducing those costs. Part IV will outline the historical development, philosophy, and potential development of therapeutic courts, and in particular will examine the proven effectiveness of the drug court model and the potential benefits that are unique to domestic violence courts. Part V suggests further creation …
The Alaska Statehood Act Does Not Guarantee Alaska Ninety Percent Of The Revenue From Mineral Leases On Federal Lands In Alaska, Ivan L. Ascott
The Alaska Statehood Act Does Not Guarantee Alaska Ninety Percent Of The Revenue From Mineral Leases On Federal Lands In Alaska, Ivan L. Ascott
Seattle University Law Review
This Comment argues that Alaska's position that Congress purposefully incorporated the Mineral Leasing Act into the Statehood Act through section 28(b), and in doing so, permanently granted the state ninety percent of the revenues from mineral development on federal lands, is legally incorrect. The text of the Act simply does not support the position that mineral-lease and royalty proceeds from federal lands are part of Alaska's "compact." In addition, the legislative history of the Act does not support Alaska's position, nor does case law that has addressed related issues. Following this Introduction, Part II of this Comment expands on Alaska's …
Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey
Flawed Justice: Limitation Of Parental Remedies For The Loss Of Consortium Of Adult Children, William S. Bailey
Seattle University Law Review
This article presents the inherent contradiction between a parent- child relationship that has steadily evolved from the early 20th Century to the present and the multitude of court decisions on damages that remain studiously ignorant of this shift. Part I of the article will set forth the common law origins of restrictions on recovery for wrongful death within the context of a shifting view of children from economic units to objects of adoration. Part II will examine the devastating impact that the loss of an adult child has on parents both from their perspectives and from now existing research. In …
Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow
Contractual Stipulation For Judicial Review And Discovery In United States-Japan Arbitration Contracts, Norman T. Braslow
Seattle University Law Review
This Article discusses in detail how the arbitration process in both the United States and Japan can very often result in injustice to both parties. Part II describes how limitations on discovery can cause vital information necessary to either prosecute or defend a claim to never appear before the arbitrator. The article then discusses the possibility of including provisions that might ameliorate this problem. Next, this Part examines specific examples of situations where the arbitrators can ignore the civil rules of evidence and admit evidence that would be inadmissible in a court of law. Finally, this Part concludes with a …
You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler
You Know More Than You Think: State V. Townsend, Imputed Knowledge, And Implied Consent Under The Washington Privacy Act, James A. Pautler
Seattle University Law Review
Townsend is worth examining for two additional reasons. First, Townsend illustrates the palpable need for the legislature to update the WPA. The underlying problem in Townsend was the application of a statute that was written in the era of rotary telephones to the issues that arise in modem electronic communications. Because of the inherent differences between electronic and traditional media, novel questions invariably arise that cannot be readily answered by resorting to existing doctrines. Finally, the plain language of the current statute has absurd results when applied to the modem infrastructure of the Internet. Part II of this Note discusses …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight
Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight
Seattle University Law Review
This Article attempts to shed light on the use of a contingent fee arrangement in criminal defense, and offers differing views pertaining to this topic. First, this Article will generally describe what a contingent fee is. Second, the role and potential application of the contingent fee in both criminal and civil settings will be discussed. Third, problems associated with such an arrangement in criminal defense practice will be addressed, as will certain positive aspects of such an arrangement. Finally, this article will discuss how lawmakers could address this issue to ensure that contingency arrangements cannot be abused.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Un-Making Law: The Classical Revival In The Common Law, Jay Feinman
Un-Making Law: The Classical Revival In The Common Law, Jay Feinman
Seattle University Law Review
This article describes the possibility of a classical revival in the common law and situates the revival in its historical context. Part I sets the stage by briefly summarizing a century and a half of common-law development. At the end of the Nineteenth Century, classical legal thought envisioned a highly systematic body of law through which courts could mechanically apply abstract legal concepts to reach determinate results, producing limited liability in contract and tort law and expansive property rights. Critics beginning with Holmes and notably including Progressives and legal realists attacked classical law as incomplete and incoherent. Their critique was …