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Articles 1 - 16 of 16
Full-Text Articles in Law
Admiralty Arrest Procedures Fail The Due Process Test: Alyeska Pipeline Service Company V. Vessel Bay Ridge, Lance B. Nelson
Admiralty Arrest Procedures Fail The Due Process Test: Alyeska Pipeline Service Company V. Vessel Bay Ridge, Lance B. Nelson
Seattle University Law Review
The maritime lien plays an important role in facilitating the smooth operation of maritime commerce. Suppliers and others who do business with vessels are more likely to extend credit to even a strange or foreign ship because the remedy of a maritime lien is available. Without the lien the vessel would no longer serve as security for any contractual or tort liability she might incur and some other form of security would be required prior to dealing with the vessel. Arranging for letters of credit or similar security could prove costly and in some instances delay the vessel. Moreover, the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Search, Seizure, And Section 7: Standing From Salvucci To Simpson, Mark H. Adams, George R. Nock
Search, Seizure, And Section 7: Standing From Salvucci To Simpson, Mark H. Adams, George R. Nock
Seattle University Law Review
This article traces the evolution of automatic standing from Jones v. United States to United States v. Salvucci and discusses the approach that has replaced the Jones rule in the Supreme Court. It then discusses the Washington Supreme Court’s continued adherence to the automatic standing rule, despite the Salvucci decision, under the Washington Constitution rather than the fourth amendment. After focusing on the failure of the United States Supreme Court to fashion a standing rule consistent with the Court’s stated purpose for the exclusionary rule, this article urges the Washington court to interpret the state’s constitution in a more consistent, …
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr
Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr
Seattle University Law Review
This article will discuss the scope and nature of constitutional protection to be afforded political party autonomy by the first and fourteenth amendments. The purpose of the present discussion is to review both legal and political sides of this question. Once this is done it will become clear that a party right to protected autonomy during the candidate selection process is not only founded upon solid constitutional ground but is also in keeping with sound political wisdom.
Attempt To Monopolize: Dangerous Probability Of Success As An Obstacle To Enforcing Section 2 Of The Sherman Act, John C. Bjorkman
Attempt To Monopolize: Dangerous Probability Of Success As An Obstacle To Enforcing Section 2 Of The Sherman Act, John C. Bjorkman
Seattle University Law Review
This Comment analyzes the conflicting definitions of "attempt to monopolize" as applied to the Sherman Act. First, the Comment outlines the majority position requiring proof of "dangerous probability of success" in an "attempt to monopolize" case under section 2 of the Sherman Act. Next, the Comment examines the minority position and finds that it raises countervailing concerns that warrant eliminating the "dangerous probability of success" requirement. Finally, this Comment concludes that the "dangerous probability of success" element adds nothing but confusion to the "attempt to monopolize" analysis and should therefore be eliminated.
Walker V. Armco Steel Corporation: The Jurisprudence Of Federal Rule 3, Theresa B. Doyle
Walker V. Armco Steel Corporation: The Jurisprudence Of Federal Rule 3, Theresa B. Doyle
Seattle University Law Review
Recognizing a conflict between the goals of uniform federal procedure and of uniform outcome in state and federal forums, the Supreme Court in <em>Hanna v. Plumer</em> removed the Federal Rules from the purview of the <em>Erie</em> doctrine and announced a separate standard more solicitous of federal procedural uniformity. The <em>Hanna</em> Court, however, confounded lower courts and legal scholars by failing to overrule <em>Ragan v. Merchants Transfer & Warehouse Co.</em>, decided under the <em>Erie</em> doctrine and in apparent conflict with the Court's new perspective on the Federal Rules. Legal commentators debated <em>Ragan's</em> continued vitality, lower courts split, and both groups pleaded …
A Reexamination Of The Role Of Employer Motive Under Sections 8(A)(1) And 8(A)(3) Of The National Labor Relations Act, Paul N. Cox
A Reexamination Of The Role Of Employer Motive Under Sections 8(A)(1) And 8(A)(3) Of The National Labor Relations Act, Paul N. Cox
Seattle University Law Review
The question of the role of employer motive in analysis of the unfair labor practices defined by Sections 8(a)(1) and (3) of the National Labor Relations Act has troubled the National Labor Relations Board and the courts from time of the enactment of that legislation. Despite repeated efforts by the Supreme Court to authoritatively define that role and repeated efforts by academics to advise the Court in the task, motive's function remains confused—the subject of diverse viewpoints compromised in the cases by an analysis which submerges fundamental isssues in the language of procedural burdens of proof. The Board, which had …
Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson
Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson
Seattle University Law Review
In Alderwood Associates v. Washington Environmental Council, the Washington Supreme Court reversed a temporary restraining order forbidding the defendant's solicitation or demonstration on plaintiff's privately owned shopping mall. Although there was no majority opinion because the court split four-one-four, the result of the several opinions is that the Washington constitution now bars private as well as state action that interferes with the gathering of initiative signatures on certain private property. However, four justices also concluded that the free speech sections of the Washington constitution restricts private as well as state action. The Alderwood result is desirable, but could have …
Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin
Miller V. Northside Danzi Construction Company: Immunity, The Contractor-Under Clause And Alaska's Workers' Compensation Act, Timothy R. Gosselin
Seattle University Law Review
In Miller v. Northside Danzi Construction Co., "the Alaska Supreme Court held that a general contractor," required by Alaska's Workers' Compensation Act to pay compensation to an uninsured subcontractor's injured employee, is not immune from liability at common law for the same injuries. Interpreting narrowly the Act's "employer" definition, the court prohibited the general contractor from asserting the exclusive liability defense granted to the primary employer who pays compensation to its injured employee, and thus permitted the injured worker to claim awards under the Act and independently at common law. By allowing the injured employee recovery from the contractor …
Court Rulemaking In Washington, Hugh Spitzer
Court Rulemaking In Washington, Hugh Spitzer
Seattle University Law Review
This article suggests that Washington court rule controversies arise from the lack of a clear, constitutionally established apportionment of rulemaking powers between the legislative and judicial branches, and that there is a lack of procedures providing adequate internal safeguards and accountability. This article first reviews the classical separation of powers doctrine. The discussion then focuses on internal procedural safeguards that also serve within each power center to discourage arbitrary or ill-considered action. This article then reviews the history of court rulemaking in Washington and in other jurisdictions and suggests that from a logical view, the scope of sole judicial power …
The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes
The Washington Forest Practices Act: When Is Compliance With Sepa Required?, Christine M. Cordes
Seattle University Law Review
This comment analyzes the problems created by the Forest Practices Act’s scheme for environmental review. First, the comment examines the statutory definitions of the forest practices classes, determining which forest practice classes are within the scope of SEPA review under the FPA. Second, the comment discusses the effect of the 1981 State Environmental Policy Act amendment on the types of forest practices exempt from SEPA. The comment further points out the failure of the existing forest practices regulations to achieve the policy balance required by the FPA. The comment’s conclusion is two-fold: the Classic “U” holding best represents the legislature’s …
Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith
Wartime Internment Of Japanese-Americans: An Examination Of Wartime Reparations Proposals, Cindy K. Smith
Seattle University Law Review
This comment analyzes the proposed Japanese internment remedies in light of the injury done by the interment. First, a discussion of the history surrounding the internment establishes the existence of an injury and the extent of the injury suffered by the Japanese-Americans. Second, the previous remedy is examined. Third, this comment establishes that Congress has the power to satisfy judicially noncognizable claims and that Japanese-American claims justify Congressional action. Fourth, the goals a remedial plan must seek to achieve are examined. Finally, the individual remedial plans are analyzed in light of those goals, ultimately concluding a plan involving both direct …
In Re Puget Sound Power And Light Company: Eminent Domain By Corporations Reevaluated, Julie Anderson
In Re Puget Sound Power And Light Company: Eminent Domain By Corporations Reevaluated, Julie Anderson
Seattle University Law Review
This note examines In re Puget Sound Power and Light Company and the court’s holding that due process requires a private condemnor to prove public use and necessity by a preponderance of the evidence. The note recognizes that the court correctly shifted the burden of proof to the condemnor, but argues that the court could have grounded its decision in the Washington procedural statute governing corporate condemnation and avoided the constitutional question. The note advocates for courts interpreting the statute for corporations to require strict judicial supervision of the eminent domain actions of private entities.
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Seattle University Law Review
This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.