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Articles 1 - 30 of 36
Full-Text Articles in Law
Issue 24:3 Errata, Seattle University Law Review
Issue 24:3 Errata, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
Seattle University Law Review
In this article, I will first explore Washington's existing law, both statutory and judicial, on statutory interpretation. I will then evaluate the mechanisms for construing statutes derived from common law and legislative sources. Finally, I will recommend a new paradigm for statutory construction so that legislative intent may be more accurately conveyed to the courts, abandoning many of the time-encrusted canons in favor of principles of interpretation adhering more specifically to the legislature's actual statutory language.
Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson
Affirmative Action, The Bell Curve, And Law School Admissions, Ryan Fortson
Seattle University Law Review
This Article will view the relationship between affirmative action and law school admissions through the lens of The Bell Curve, a book suggesting that a genetic link probably exists between race and intelligence. In The Bell Curve, Charles Murray and Richard J. Herrnstein conduct a statistical analysis on a variety of aptitude tests and other measures of intelligence, concluding that blacks and whites do differ on standardized tests of cognitive ability, even when controlling for such factors as motivation and socioeconomic status. Indeed, much of the book is geared toward discounting environmental explanations of intelligence scores. The relevancy …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Gap Between Informational Goals And The Duty To Gather Information: Challenging Piecemealed Review Under The Washington State Environmental Policy Act, Keith H. Hirokawa
The Gap Between Informational Goals And The Duty To Gather Information: Challenging Piecemealed Review Under The Washington State Environmental Policy Act, Keith H. Hirokawa
Seattle University Law Review
In 1971, Washington enacted the State Environmental Policy Act (SEPA), which requires agencies to make a threshold determination of whether a project is likely to significantly affect the environment and, where such impacts are likely, to produce an environmental impact statement (EIS). One problem faced in implementing the goals of SEPA is the practice of "piecemealing." Part I of this Article introduces the piecemeal problem by describing three common piecemeal situations. The first situation occurs when a project proposal is divided into such small parts that the environmental impacts from each individual part appear insignificant and the impact from the …
Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen
Blind Faith And Reasonable Doubts: Investigating Beliefs In The Rule Of Law, Jessie Allen
Seattle University Law Review
The article explores the meaning of the rule of law within the American political and legal systems by analyzing the concept in the abstract and its application in President Clinton’s impeachment.
Maximum Vertical Price Fixing From Albrecht Through Brunswick To Khan: An Antitrust Odyssey, James M. Fesmire
Maximum Vertical Price Fixing From Albrecht Through Brunswick To Khan: An Antitrust Odyssey, James M. Fesmire
Seattle University Law Review
The article attempts to sort out some of this confusion caused by the legal journey from Albrecht to Khan by portraying that long road as a successful example of the antitrust injury doctrine's ability to bring substantive antitrust law into compliance with the goals of antitrust. First, the article examines how the existence of successive monopoly provides an incentive for maximum vertical price fixing and how maximum vertical price fixing leads to an increase in consumer welfare. Second, it examines manufacturer alternatives to vertical price restraints, finding them less attractive in terms of social welfare. Third, the article analyzes other …
To Allow To Sue, Or Not To Allow To Sue: Zimmerman V. Oregon Department Of Justice Decides Title Ii Of The Americans With Disabilities Act Does Not Apply To Employment Discrimination, Cabrelle Abel
Seattle University Law Review
The article analyzes Title II and explains why, in the interests of judicial economy, the Zimmerman court correctly held that Title II does not apply to employment discrimination. First, the article discusses the particular wording of the ADA, specifically comparing the language of Title I to the language of Title II. Next, the article briefly considers the Rehabilitation Act of 1973, because Title II should be interpreted consistently with that Act. Then, using the analysis announced by the Supreme Court in Chevron v. Natural Resources Defense Council, Inc. the article examines the Title II regulations promulgated by the Department of …
Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan
Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan
Seattle University Law Review
The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …
Seller Beware: Tort Reform Is Missing In Action; Soproni, Falk, And The Entrenchment Of Strict Products Liability In Washington, Kenneth M. Roessler
Seller Beware: Tort Reform Is Missing In Action; Soproni, Falk, And The Entrenchment Of Strict Products Liability In Washington, Kenneth M. Roessler
Seattle University Law Review
This article evaluates Washington’s products liability laws and their application in ways involving strict liability through the lens of Soproni v. Polygon Apartment Partners. Part I will also closely examine the WPLA, beginning with a discussion of the tort reform context in which it was enacted and the underlying economic reasons for its passage in 1981. This section will discuss how the WPLA ostensibly supplanted Washington common law on product liability, as well as what a careful reading of the statute seems to dictate for litigating product liability claims. The article then examines how the Soproni majority construed the …
Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder
Seattle University Law Review
The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …
Washington's Vested Rights Doctrine: How We Have Muddled A Simple Concept And How We Can Reclaim It, Roger D. Wynne
Washington's Vested Rights Doctrine: How We Have Muddled A Simple Concept And How We Can Reclaim It, Roger D. Wynne
Seattle University Law Review
The article explores many of the problems with the details of the vested rights doctrine and outlines a statutory solution to them.' Part I examines the inconsistent rationales that underlie the various manifestations of the doctrine. The differences between the "mandamus" and "fairness/certainty" rationales help explain some of the confusion that has become a fixture of the doctrine. Part II discusses a host of issues that the doctrine fails to resolve adequately. It groups these issues into four fundamental questions, the divergent answers to which often form the key dispute in any vested rights case: (1) to which types of …
Initiative Process In Washington, Philip A. Talmadge
Initiative Process In Washington, Philip A. Talmadge
Seattle University Law Review
This is an introduction to the Seattle University Law Review's Symposium on the initiative process in Washington. In this Symposium, the authors address a variety of issues associated with the initiative process in our state. They examine the specific case of Initiative 695, the role of the courts in reviewing initiatives, the application of the Republican Government Clause in the United States Constitution to Washington's initiative process, and the larger question of whether the entire initiative process is unconstitutional. These articles are timely analyses of a pressing public issue. This Seattle University Law Review Symposium on initiatives will highlight difficult …
Initiatives—Enemy Of The Republic, Brewster C. Denny
Initiatives—Enemy Of The Republic, Brewster C. Denny
Seattle University Law Review
The Seattle University Law Review's Symposium on the initiative process in Washington State addresses an issue of both transcendent importance to the health of the Republic and immediate challenge to the welfare of the children of this state. This discussion could not be more timely, and not just locally. Here's why. Devolution, tax cuts for the rich and the super rich, welfare reform, and a more conservative, market-oriented philosophy of government lay on the states and low income parents and children the burden of meeting the most critical needs of children-from prenatal care through college. With twenty percent of our …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Seattle University Law Review
This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.
Direct Democracy Is Not Republican Government, Steven William Marlowe
Direct Democracy Is Not Republican Government, Steven William Marlowe
Seattle University Law Review
This Article will initially explain the examples of direct democracy in the states of Washington and Oregon. It will then analyze the United States Constitution's Guarantee Clause. Finally, this Article will argue that state initiative and referendum provisions are inconsistent with a republican form of government and that laws passed through the use of this process are unconstitutional.
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Applying The Market Participant Exception To Selective Purchasing Laws That Affect Foreign Commerce Relations: Reading Between The Lines Of National Foreign Trade Council V. Natsios, Michelle C. Sarruf
Seattle University Law Review
In this Note, I will examine the background of the situation in Burma as well as the federal and state legislation passed in response to the atrocities occurring within Burma's borders. I will then address the First Circuit's holding that the Massachusetts Burma Law is unconstitutional, focusing on the court's foreign Commerce Clause analysis and failure to apply the market participant exception. Finally, I will discuss the history of and the justifications for the market participant exception, exploring how the exception should be applied in the context of foreign commerce.
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
In Praise Of The Treatise Writer: Law's Special Knowledge, Ellen M. Bublick
Seattle University Law Review
Dobbs, the author of the foremost treatise on tort law, and Hayden, the author of a number of thought provoking articles, have written a book with a clear structure—one that carefully and methodically elucidates the doctrinal framework of state tort law. The book also addresses problems in tort theory and practice and outlines major supplements and alternatives to existing tort remedies.
Teaching Torts By Integrating Ethical, Skills, Policy And Real-World Issues, And Using Varied Pedagogical Techniques: Reflections On Using The Henderson, Pearson And Siliciano Casebook, Lynn M. Daggett
Seattle University Law Review
In brief, the Henderson, Pearson, and Siliciano casebook includes materials on ethics, problems and other skill-based activities, a diverse set of ideological perspectives presented in a non-preachy way, and addresses numerous real-world issues and concerns. The casebook also lends itself to the variety of teaching and active learning methods I employ in my Torts classes.
Epsteinian Torts: Richard A. Epstein, Cases And Materials On Torts, Allison H. Eid
Epsteinian Torts: Richard A. Epstein, Cases And Materials On Torts, Allison H. Eid
Seattle University Law Review
A fascinating aspect of Epstein's scholarly work is his exploration of the apparent tension between libertarian principles and utilitarian thought—an exploration that comes alive in his casebook. To Epstein, these two competing principles often coalesce to yield a single "correct" answer to a problem. In other words, the answer that arises from a desire to protect a pre-determined set of individual rights-for example, private property rights, or the right of personal autonomy often produces an outcome that is also beneficial to the overall common good. Some scholars have critiqued Epstein's work by suggesting that there is more disharmony than harmony …
A Review Of Torts And Compensation: Personal Accountability And Social Responsibility For Injury, Susan M. Gilles
A Review Of Torts And Compensation: Personal Accountability And Social Responsibility For Injury, Susan M. Gilles
Seattle University Law Review
I will review my selection of Dobbs and Hayden's Torts And Compensation, Personal Accountability And Social Responsibility For Injury (hereinafter "the Dobbs casebook") for use in my year-long first-year torts class. My review will focus on the third edition and will note changes made in the fourth edition, which came out recently. My hope is to tell you a little about the Dobbs casebook and a little about why I thought it would suit my incoming first-year students and my style of teaching. When selecting a casebook I have four main concerns: What is the coverage? Does the casebook employ …
The Wide World Of Torts: Reviewing Franklin & Rabin's Tort Law And Alternatives, Bernard W. Bell
The Wide World Of Torts: Reviewing Franklin & Rabin's Tort Law And Alternatives, Bernard W. Bell
Seattle University Law Review
In several respects, Franklin and Rabin's casebook provides a wonderful and effective vehicle for teaching torts, particularly to first-year students. The book develops important overarching themes while effectively presenting a wide variety of specific tort doctrines. The book also offers professors opportunities to sharpen students' legal abilities. In Part I of this review, I will discuss the first case in Franklin and Rabin's book and explain its usefulness in introducing several themes that both are critical to understanding tort law and assume a prominent place throughout the casebook. In Part II, I will focus on Franklin and Rabin's treatment of …
A Primer On Learning Styles: Reaching Every Student, M.H. Sam Jacobson
A Primer On Learning Styles: Reaching Every Student, M.H. Sam Jacobson
Seattle University Law Review
Many authors and researchers have written extensively about learning styles, but the literature can be daunting to the uninitiated. This article establishes a framework that will put the literature into perspective, will allow professors to evaluate what is meant by "learning syle," and will give them guidance for how to be more effective teachers both in the classroom and out. Part I discusses how knowledge of learning styles will help professors achieve their pedagogical goals. Part II discusses the personal characteristics that contribute to learning style. Finally, Part III applies the learning styles to the learning cycle and discusses how …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa
Schwenk And The Ambiguity In Federal "Sex" Discrimination Jurisprudence: Defining Sex Discrimination Dynamically Under Title Vii, Masako Kanazawa
Seattle University Law Review
This Note examines a new development in federal Title VII sex discrimination jurisprudence specifically in the context of transsexual and homosexual plaintiffs, describing the courts' gradual shift away from formalism towards a more realistic approach in this area. Part II begins by examining the anatomical sex rule established by the three major pre-Schwenk decisions categorically rejecting transsexuals' Title VII claims. This section then considers the two subsequent Supreme Court decisions, Price Waterhouse and Oncale, and the Ninth Circuit's Schwenk opinion. Part II concludes that the Schwenk court correctly read Price Waterhouse and Oncale as mandating a departure from …
Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman
Cybersmear Or Cyber-Slapp: Analyzing Defamation Suits Against Online John Does As Strategic Lawsuits Against Public Participation, Joshua R. Furman
Seattle University Law Review
This Comment will first survey the law of cybersmear, illustrating the paradigmatic issues and legal theories employed. Then, it will discuss the free speech issues and theoretical bases argued in court and legal journals, paying special attention to the shortcomings in current protection of defendant anonymity. Next, it will examine the value of online anonymity and the protections that the Strategic Lawsuit Against Public Participation (SLAPP) theory offers. Finally, given the breakdown in the public and private space dichotomy, this Comment will argue for a new understanding of the SLAPP constitutional protections in cyberspace. This understanding will recognize the powerful …
When Torts Is More Than A Series Of Accidents: Epstein On Torts, Victor Flatt
When Torts Is More Than A Series Of Accidents: Epstein On Torts, Victor Flatt
Seattle University Law Review
By using the Epstein book, the students learn the basics of torts in a way that is not frustrating, but in which they are still challenged by legal theory and pushed to think. Coupled with the interest and entertainment that are behind the choice of cases, I find the Epstein book to be very appropriate for our students. Of course, no book will fit everyone's needs or styles of teaching. But if you can determine what it is you wish to emphasize, both substantively and doctrinally, you can use this information to assist in selection. If, like me, you want …
The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys
The Freedom To Link?: The Digital Millennium Copyright Act Implicates The First Amendment In Universal City Studios, Inc. V. Reimerdes, David A. Petteys
Seattle University Law Review
This Note focuses on the application of the Digital Millenium Copyright Act (DMCA) to prohibit the posting and linking of "circumvention technology" on the Internet, while also addressing the larger issue of the unintended consequences that regulating cyberspace can have on free expression. Because hypertext links play such a fundamental role in the utility of the Internet, this Note argues that the application of the DMCA's anti-trafficking provisions to enjoin linking places a significant and unwarranted burden on the Internet as a forum for free expression. Section II is intended to provide a brief background of the technological and legal …