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A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz
Seattle University Law Review
The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …
A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson
A Proposal For A Variation Of Trusts Statute In Washington, Julie A. Anderson
Seattle University Law Review
This Comment argues that similar legislation would be desirable in Washington. Even though the proposed statute would entail a substantial deviation from the common-law rule, the resulting benefits justify the change. This Comment also examines the retroactive application of variation of trusts statutes and concludes that a retroactive application is constitutional. A requirement that courts consent on behalf of the beneficiaries only when the variation benefits the beneficiaries in some manners sufficiently protects the beneficiaries' constitutional interests under the contract clause10 and the due process clause of the federal Constitution. Finally, this Comment proposes that a Washington variation of trusts …