Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.
The Need For Revisiting The Imposition Of Bad Faith Liability: Industrial Indemnity Co. V. Kallevig, J. Benson Porter, Jr.
Seattle University Law Review
This Note posits two recommendations. First, in order to harmonize the bad faith standards applied in Kallevig and Gingrich, the Kallevig reasonable justification standard should be applied in situations involving questions similar to those confronted by the Gingrich court. Second, this Note contends that the Kallevig court's analysis imposing liability under the CPA was defective because it failed to take proper account of the frequency requirement within the unfair trade practices regulations. By ignoring the frequency provision, the Kallevig decision allows inconsistent treatment of similar factual situations depending on whether the decision is being made by an agency or …
An Empirical Examination Of Motions On The Merits, Thomas B. Marvell
An Empirical Examination Of Motions On The Merits, Thomas B. Marvell
Seattle University Law Review
This Article evaluates the Motions on the Merits procedure. Section II outlines the history of commissioners in this country. Section III describes Washington Court of Appeals Division III: its caseload trends, procedures in ordinary appeals, the commissioners' duties, and the MMT history and current procedures. Section IV quantitatively evaluates MMT procedures, exploring their impact on volume of cases decided, delay, backlog, and reversal rates. Section V presents the attorneys' opinions of the MMTs, and Section VI summarizes the results.
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Falling Through The Cracks After Duro V. Reina: A Close Look At A Jurisdictional Failure, Eric B. White
Seattle University Law Review
The decision in Duro v. Reina needlessly creates a jurisdictional gap over nonmember Indians committing minor crimes against other Indians on reservation land and leaves open the very real possibility that neither the federal nor the state governments will move in to fill that gap. A nonmember offender at the Washington festival would simply walk away. To understand how this jurisdictional gap over nonmember Indians needlessly came about and why neither the federal government nor the state governments will step in to exercise jurisdiction, this Note (1) looks at the complex web of law on criminal jurisdiction over Indians; (2) …