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Articles 1 - 18 of 18
Full-Text Articles in Law
Judicial Predictability In United States Supreme Court Advocacy: An Analysis Of The Oral Argument In Tennessee Valley Authority V. Hill, Donald S. Cohen
Judicial Predictability In United States Supreme Court Advocacy: An Analysis Of The Oral Argument In Tennessee Valley Authority V. Hill, Donald S. Cohen
Seattle University Law Review
This article will analyze the transcript of oral argument in Tennessee Valley Authority v. Hill and compare and contrast the apparent predispositions of the Justices as evidenced by their inquiries and remarks at the Supreme Court hearing with the positions ultimately taken by them. In this connection, the article will evaluate the hypothesis that several of the Justices assumed specific roles during the argument based upon their predispositions concerning the substantive issues involved. Last, some general observations concerning predictability of Supreme Court decisions based upon oral argument interchange will be made.
Nonproduction Of Witnesses As Deliberative Evidence, James E. Beaver
Nonproduction Of Witnesses As Deliberative Evidence, James E. Beaver
Seattle University Law Review
The chief practical difficulty today, as always, lies in the particular application of a mass of evidentiary rules, in determining the bearing of various principles upon a given evidentiary issue of fact here and now. Nowhere has this situation continued truer than with reference to rules about evidentiary spoliation. "Indeed, after reading all there is on the subject in a recent voluminous text-book, one may well be bewildered, owing to the collection of crude, inadvertent and contradictory material."' As a result, the "request to charge which more frequently than any other is made in improper form is that dealing …
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Termination Of Parental Rights In Washington, Sandy D. Mcdade
Termination Of Parental Rights In Washington, Sandy D. Mcdade
Seattle University Law Review
Prior to 1978, Washington allowed trial judges broad discretion to decide, on a case by case basis, the necessity of terminating parental rights. The recently adopted Juvenile Court Act in Cases Relating to Dependency of A Child and the Termination of a Parent and Child Relationship represents a legislative attempt to nurture the family unit by severely limiting trial court discretion. The new law provides standards making judicial termination of parental rights difficult in all cases. The Institute of Judicial Administration and the American Bar Association also have jointly proposed standards limiting trial court discretion in termination proceedings. The ABA …
Equal Protection And Welfare Legislation: The Need For A Principled Approach, Lynda D. Frazier
Equal Protection And Welfare Legislation: The Need For A Principled Approach, Lynda D. Frazier
Seattle University Law Review
The Supreme Court decision in Maher v. Roe, denying an equal protection claim to Medicaid payments for elective abortions, illustrates the Court's inconsistent application of minimal rationality standards to socioeconomic legislation. This comment analyzes Maher in light of recent irreconcilable Supreme Court decisions involving similar equal protection claims to welfare payments. It shows that the Court's standard of review vacillates between deferential abdication to the legislature and unexplained judicial interventionism, and concludes that until the Court adheres to a consistent and principled approach to minimal rationality review, equal protection will remain an area for unrestrained imposition of judicial, rather …
Income Taxation In Washington: In A Class By Itself, J. Thomas Carrato, Richard W. Hemstad
Income Taxation In Washington: In A Class By Itself, J. Thomas Carrato, Richard W. Hemstad
Seattle University Law Review
The prohibition against state income tax in Washington is the result of a series of Washington Supreme Court decisions severely restricting the legislative authority to define classifications of property for taxation. The purposes of this article are to demonstrate that the Washington Supreme Court interpretations of the relevant constitutional provisions are erroneous, and to present our views of a proper analysis of the legislature's power to classify for purposes of taxation.
United States Trust Co. V. New Jersey-State Promises And The Contract Clause: An Untimely Resurrection, Clifford D. Foster Jr.
United States Trust Co. V. New Jersey-State Promises And The Contract Clause: An Untimely Resurrection, Clifford D. Foster Jr.
Seattle University Law Review
This comment examines the impact of United States Trust on traditional contract clause doctrines and policies. After an initial discussion of the factual and legal background, a historical survey will show the decision employs a new approach to contract clause analysis. Next, this comment will analyze the Court's new approach, especially the Court's treatment of impairments when a state is a contractual party, its willingness to make policy judgments formerly left to legislative discretion, and the decision's probable effect on any future municipal debt crises. Finally, in accord with Justice Brennan's dissent in United States Trust, this comment will …
Unemployment Insurance: The Washington Supreme Court And The Labor Dispute Disqualification, Steven Soha
Unemployment Insurance: The Washington Supreme Court And The Labor Dispute Disqualification, Steven Soha
Seattle University Law Review
This comment discusses a disqualification common to all state statutes' disqualifying from benefits workers unemployed because of a labor dispute, and focuses upon the Washington Supreme Court's interpretation of the labor dispute disqualification in the Washington Unemployment Compensation Act. After discussing the court's approach to the disqualification in the context of Washington case law, the comment examines various policy considerations underlying the labor dispute disqualification and contrasts the Washington court's interpretation with the interpretation other state courts have accorded similar labor dispute disqualification statutes. Finally, the comment concludes that the Washington court's singularly narrow interpretation of the labor dispute disqualification …
Unlawful Securities Transactions And Scienter: An Emasculating Requirement, David Strout
Unlawful Securities Transactions And Scienter: An Emasculating Requirement, David Strout
Seattle University Law Review
This comment suggests the proper construction of Washington’s unlawful transactions provision of the recently-adopted modified version of the Uniform Securities Act and rejects scienter as a necessary element of a violation of that provision. The discussion necessitates consideration of federal rule 10b-5, because the rule is the source of the Uniform Act's unlawful transactions provision. The focus, however, is on the inapplicability of the United States Supreme Court's analysis in <em>Ernst & Ernst v. Hochfelder </em>to the Washington Act's construction.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Women At The Bar—A Generation Of Change, Ruth Bader Ginsburg
Women At The Bar—A Generation Of Change, Ruth Bader Ginsburg
Seattle University Law Review
This lecture, delivered at the University of Puget Sound School of Law, addresses the evolving role of women in the legal profession.
A Case For Judicial Balancing: Justice Stevens And The First Amendment, Richard G. Birinyi
A Case For Judicial Balancing: Justice Stevens And The First Amendment, Richard G. Birinyi
Seattle University Law Review
This comment discusses four of Justice Stevens's opinions that analyze first amendment issues. Two dissenting opinions in Splawn v. California and Smith v. United States deal expressly with obscenity, and reject the Court's present method of analysis. Young v. American Mini Theatres, Inc. and Federal Communications Commission v. Pacifica Foundation both develop a balancing approach to ascertain the constitutionality of government regulation of nonobscene offensive speech. The comment concludes that Justice Stevens correctly identifies the factors necessary to insure proper Court protection of speech interests.
Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed
Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed
Seattle University Law Review
This article will explore the sociology behind the original Age Discrimination in Employment Act (ADEA), the structure of the 1967 ADEA, its weaknesses and strengths during its ten-year life, and the effectiveness of the 1978 amendments in dealing with the problems inherent in the original Act.
Washington's Juvenile Status Offense Laws, Thomas Neville
Washington's Juvenile Status Offense Laws, Thomas Neville
Seattle University Law Review
This comment discusses the history and characteristics of traditional status offense laws, demonstrates why the laws are a poor response to juvenile misbehavior, and examines proposals to improve them. In subsequently analyzing the new Washington laws that emphasize voluntary social services for rebellious children and their families, this comment concludes that the legislature, though implementing some of these proposals, failed to apply a consistently progressive approach to its new legislation. Inadequate protection for some children and inequitable application of provisions in the new laws may result. Finally, this comment suggests ways to improve the Washington legislation.
The Collateral Source Rule: Double Recovery And Indifference To Societal Interests In The Law Of Tort Damages, William A. Olson
The Collateral Source Rule: Double Recovery And Indifference To Societal Interests In The Law Of Tort Damages, William A. Olson
Seattle University Law Review
This comment analyzes the present utility of the collateral source rule and finds the rule unjustified as a means of ensuring either punishment of the defendant or just compensation for the plaintiff. It further examines the efficacy of subrogation in eliminating the collateral source rule's vice of double recovery. The comment concludes that legislative reform abolishing the collateral source rule and subrogation in medical malpractice suits should extend to all tort actions for personal injury, thereby entirely eliminating double recovery and the consequent higher societal costs in insurance premiums, taxes, and prices.
Book Review: J. Reid, In A Defiant Stance, Maximillian J.B. Welker, Jr.
Book Review: J. Reid, In A Defiant Stance, Maximillian J.B. Welker, Jr.
Seattle University Law Review
The uses and abuses of law in prerevolutionary Massachusetts is the subject of this scholarly, yet eminently readable book. The manipulation of law and legal process by both the colonists and the Crown was, of course, a response to political conditions. A major strength of Professor Reid's analysis is the exposition of how political policies can determine the parameters of peaceful opposition. He accomplishes this by comparing the colonial experience in America with the success of British imperial law in eighteenth-century Ireland. The book is far more than a contribution to comparative legal historiography however; it presents a conception of …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Foreword, Seattle University Law Review
Foreword, Seattle University Law Review
Seattle University Law Review
No abstract provided.