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Articles 1051 - 1080 of 3365
Full-Text Articles in Law
Economic Reality Facing 21st Century Lawyers, Thomas D. Morgan
Economic Reality Facing 21st Century Lawyers, Thomas D. Morgan
Washington Law Review
Our predictions of future developments may be wrong, but if we do not at least think seriously about what skills these students will need to participate in the rapidly changing legal profession, we as legal educators will be certain to disserve both our students and their future clients.
Back To The Crib?, William B. Stoebuck
Back To The Crib?, William B. Stoebuck
Washington Law Review
First, let me note that this Rembe Lecture honors Toni Rembe, Esq., a distinguished graduate of this law school, class of 1960. Toni and I knew each other as fellow students and members of the Washington Law Review, since I was class of 1959. After graduating here, she took a Master of Laws in taxation at New York University in 1961. Then she joined the premier San Francisco law firm of Pillsbury, Madison & Sutro, where she has long been the head of the tax law division. Toni, who is a Seattle native, has maintained her ties to this city. …
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
The Washington State Parenting Act In The Courts: Reconciling Discretion And Justice In Parenting Plan Disputes, Jane W. Ellis
Washington Law Review
On July 8, 1993, the Washington Supreme Court handed down a decision construing the residential provision section of the Washington State Parenting Act. The case is significant for the children of divorcing parents in the State of Washington, and its importance extends beyond Washington because the supreme court's opinion is the first to interpret a key section of a law that has attracted national and international attention The case, In re Marriage ofKovacs, is an example of the sort of egregious injustice that can occur when a trial court fails to exercise its discretion in an appropriate manner and an …
Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker
Are Oliver Stone And Tom Clancy Journalists? Determining Who Has Standing To Claim The Journalist's Privilege, Kraig L. Baker
Washington Law Review
Most circuits recognize a qualified privilege that provides a partial First Amendment shield for journalists to protect the confidentiality of their sources and materials. Few courts, however, discuss the scope of the class protected by this privilege. This Comment examines who has traditionally been part of the protected class and explores the trends and concerns of courts in granting standing. This Comment also recommends a framework that courts can use to determine whether to extend the journalist's privilege to new formats of communication and applies this framework to two examples.
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
For The Sake Of The Child: Moving Toward Uniformity In Adoption Law, Marja E. Selmann
Washington Law Review
Adoption is governed by state law, which varies dramatically among states, and thus encourages forum shopping and complicates interstate adoption. A new Uniform Adoption Act (UAA), likely to be completed and approved by the National Conference of Commissioners on Uniform State Laws in 1994, offers states the opportunity to move toward greater uniformity. The UAA balances all of the participants' interests while keeping the child's best interests foremost.
The Worker Participation Conundrum: Does Prohibiting Employer-Assisted Labor Organizations Prevent Labor-Management Cooperation?, Robert B. Moberly
The Worker Participation Conundrum: Does Prohibiting Employer-Assisted Labor Organizations Prevent Labor-Management Cooperation?, Robert B. Moberly
Washington Law Review
Worker participation and labor-management cooperation have been important concepts in labor relations for more than a decade. Recently, some proponents of labor management cooperation have argued that the statutory prohibition against employer assistance to labor organizations contained in section 8(a)(2) of the National Labor Relations Act has hampered the development of worker participation programs and ought to be repealed or modified. Others are opposed both to repealing the prohibition and to labor-management cooperation in general. This Article argues that worker participation and labor-management cooperation are beneficial and ought to be encouraged; nonetheless, the prohibition against employer-assisted labor organizations is important …
The Ties Of Natural Justice: Restoring Quantum Meruit For Contractors In Washington, Adam B. Brotman
The Ties Of Natural Justice: Restoring Quantum Meruit For Contractors In Washington, Adam B. Brotman
Washington Law Review
Under Washington case law, quantum meruit is an appropriate means of recovery for contractors when substantial changes occur that are not covered by the contract and were not contemplated by the parties. The Nelse Mortensen and Hensel Phelps decisions severely limited quantum meruit by precluding contractors from recovering under this doctrine as a matter of law. This Comment examines how these two cases are at odds with the historical and philosophical underpinnings of quantum meruit, and with the Washington Supreme Court's decision in Berg v. Hudesman. Rather than apply Hensel Phelps's plain meaning analysis, future quantum meruit decisions should follow …
Out Of The Twilight Zone: The Implications Of Daubert V. Merrill Dow Pharmaceuticals, Inc., Diana K. Sheiness
Out Of The Twilight Zone: The Implications Of Daubert V. Merrill Dow Pharmaceuticals, Inc., Diana K. Sheiness
Washington Law Review
In Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court held that the Federal Rules of Evidence had not implicitly incorporated the general acceptance, or Frye, test for scientific evidence. Instead, the Court interpreted Rule 702 to mean that judges should admit challenged scientific testimony only after determining that its underlying method or theory is scientifically valid. This Note argues that the essence of the Daubert decision is that judges must ascertain whether or not the studies underlying proffered testimony have been performed in accordance with sound scientific principles. The Note analyzes several cases to illustrate appropriate and …
The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady
The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady
Washington Law Review
The disclosure in a patent specification must enable others to make and use the claimed invention. In the competitive biotechnology industry, companies often seek broad claims to protect contemplated embodiments of their inventions that have not yet been reduced to practice. In In re Wright, the Federal Circuit recently challenged this approach when it upheld the rejection, for lack of enablement, of all but the narrowest claims to a vaccine genetically engineered to protect against retroviruses. This decision unreasonably elevates the established standard for enablement by limiting biotechnological patent protection to only those embodiments of a claimed invention whose success …
The Making Of The Model Employment Termination Act, Theodore J. St. Antoine
The Making Of The Model Employment Termination Act, Theodore J. St. Antoine
Washington Law Review
Courts in about 45 states have ameliorated the harshness of employment at will, but the common-law modifications still exhibit serious deficiencies. Legislation is needed. The Model Employment Termination Act proposes a balanced compromise. It would protect most employees against discharge without good cause and it would relieve employers of the risk of devastating financial losses When liability is imposed. Arbitration procedures under the Model Act would also be simpler, faster, and cheaper than existing court proceedings.
The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen
The Admissibility Of Dna Evidence In Washington After State V. Cauthron, Elizabeth A. Allen
Washington Law Review
In State v. Cauthron, the Washington Supreme Court issued its first opinion concerning forensic DNA evidence. The court clearly held that the principles underlying DNA evidence and the restricted fragment length polymorphism (RFLP) method of DNA typing are generally accepted in the scientific community and are therefore admissible under the Frye test. The court refused to find that the trial court had properly admitted DNA evidence, however, because testimony that the suspect's DNA "matched" the perpetrator's was not supported by probability statistics. This Note demonstrates that the court was unclear in its discussion of when probability statistics meet the Frye …
Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola
Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola
Washington Law Review
In MAI Systems Corp. v. Peak Computer, Inc. the Ninth Circuit Court of Appeals held that Peak committed copyright infringement by running MAI operating system software incidental to Peak's repair of the computer system. The court rejected Peak's section 117 defense under the Copyright Act because it refused to recognize a licensee of computer software as an "owner" of a copy of software. This Note argues that the decision contravenes both the substance and principles of federal copyright law, and unnecessarily harms computer owners. It suggests a two-tiered analysis that courts should follow when evaluating copyright infringement claims involving software …
Collapse Of The Structure Of The Legal Research Universe: The Imperative Of Digital Information, Robert C. Berring
Collapse Of The Structure Of The Legal Research Universe: The Imperative Of Digital Information, Robert C. Berring
Washington Law Review
Legal research, in particular the way in which law schools provide legal research training to first-year law students, is the mom and apple pie issue of legal education. Everyone is willing to criticize the lack of it, praise the importance of it, or discuss the reasons it has not been done so well. After all, the whole corpus of legal education is constructed around Dean Langdell's theory that the law library, the place where the law student conducts research, is the laboratory of the law, and the process of legal research has been intertwined with the process of legal reasoning …
Reflections On Eastman Kodak Co. V. Image Technical Services, Inc.: Continued Confusion Regarding Tying Arrangements And Antitrust Jurisprudence, Daniel E. Lazaroff
Reflections On Eastman Kodak Co. V. Image Technical Services, Inc.: Continued Confusion Regarding Tying Arrangements And Antitrust Jurisprudence, Daniel E. Lazaroff
Washington Law Review
This Article begins with a brief history of the Supreme Court's often unclear and contradictory treatment of tying arrangements. Against this historical background, the discussion then turns to an analysis of the majority and dissenting opinions in Kodak in part I. Part IV focuses on the important legal questions left unresolved by Kodak and considers its impact on existing tying doctrine. Finally, the Article discusses possible alternative approaches to existing tying analysis. The pervading theme of the Article is that the Supreme Court has missed an opportunity to articulate a clearer, more workable rule regarding tie-ins. While the actual result …
A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette
A Juvenile's Right Against Compelled Self-Incrimination At Predisposition Proceedings, Renée M. Willette
Washington Law Review
State courts have struggled to balance the tensions between the juvenile justice system and a juvenile's constitutional rights at post-adjudicatory predisposition proceedings. Washington courts do not provide a clear standard for protecting a juvenile's rights at these proceedings. This Comment examines the punitive nature of Washington's juvenile justice system and argues that the right against self-incrimination should attach at juvenile predisposition proceedings. It also argues that a grant of use and derivative use immunity at such proceedings provides optimal protection for juvenile rights because it safeguards a juvenile's rights while fostering the treatment component of the Juvenile Justice Act.
A New Paradign For Protection: First Amendment Principles And The Environment, Jennifer D. Jones
A New Paradign For Protection: First Amendment Principles And The Environment, Jennifer D. Jones
Washington Law Review
Currently, environmental plaintiffs pursue protection for the ancient forests of the Pacific Northwest by litigating procedural violations of environmental statutes. This method, however, will not provide the long-term protection these plaintiffs desire. This Comment proposes a new model for protection using the First Amendment of the United States Constitution.
Enforcing Lawyers' Covenants Not To Compete, Glenn S. Draper
Enforcing Lawyers' Covenants Not To Compete, Glenn S. Draper
Washington Law Review
Courts uphold most post-employment covenants not to compete if they meet a three part reasonableness test that balances the interests of the employer, the employee, and the public. Lawyers' covenants not to compete, however, are treated differently. Courts hold lawyers' agreements that prohibit competition with their former firms per se invalid, in order to preserve clients' unrestricted freedom to choose their attorneys. Courts have split on whether to apply the per se rule to invalidate lawyers' agreements that discourage rather than prohibit post-employment competition. The California Supreme Court's recent decision in Howard v. Babcock, applying the familiar reasonableness test to …
Director Conflict Of Interest Under The Model Business Corporation Act: A Model For All States?, Peter E. Kay
Director Conflict Of Interest Under The Model Business Corporation Act: A Model For All States?, Peter E. Kay
Washington Law Review
The American Bar Association has adopted a new model director conflict of interest statute based on bright-line definitions and a rigid preclusion of judicial review. This Comment examines the statute and provides revisions that are necessary for the statute to operate as the drafters intended. The Comment also challenges the merits of the statute by arguing that its reliance on disinterested director approval procedures is an inadequate safeguard for shareholders and its emphasis on large corporations renders the statute unsuitable for the majority of corporations.
Legal Rearch: A Revised View, J. Christopher Rideout, Jill J. Ramsfield
Legal Rearch: A Revised View, J. Christopher Rideout, Jill J. Ramsfield
Washington Law Review
When Professor Marjorie Dick Rombauer concluded her landmark article twenty years ago, she expressed a hope that many law schools have yet to realize. While legal research and writing programs exist in all law schools, many still have short-term and short-sighted programs. Many, if not most, law students are not rigorously trained, do not experience sustained individualized instruction, and do not explore problem-solving in an environment that simulates either law practice or rigorous legal scholarship. After their first year, most students fend for themselves in an atmosphere that tests their writing abilities in only two of several potential genres—exams and …
Insulating Sexual Harassment Grievance Procedures From The Chilling Effect Of Defamation Litigation, Ruth A. Kennedy
Insulating Sexual Harassment Grievance Procedures From The Chilling Effect Of Defamation Litigation, Ruth A. Kennedy
Washington Law Review
The threat of defamation liability may undermine the push to encourage private employers to establish internal grievance procedures for handling sexual harassment complaints. Courts have recognized two defenses to defamation claims arising out of employers' sexual harassment investigations: the qualified privilege and the intracorporate immunity rule. Neither of these defenses adequately balances the need to insulate grievance procedures against the desire to protect the reputation of the employee accused of harassment. This Comment proposes the adoption of a new grievance procedure privilege which would ensure the integrity of grievance procedures while maximizing the protection afforded an accused employee.
Looking Out For Mary Carter: Collusive Settlement Agreements In Washington Tort Litigation, J. Michael Philips
Looking Out For Mary Carter: Collusive Settlement Agreements In Washington Tort Litigation, J. Michael Philips
Washington Law Review
Courts and commentators disagree as to the propriety of Mary Carter agreements, pseudo-settlement devices used in multiparty litigation that unite the interests of a plaintiff and a cooperating defendant, and maintain that defendant's presence at trial. Most courts tolerate these arrangements provided that they are disclosed, while a distinct minority render them void. Washington courts have not espoused a definite position, although recent decisions suggest a tolerant stance. This Comment argues that the use of Mary Carters is inconsistent with Washington tort law, and that Washington courts should therefore prohibit them entirely. This may be accomplished by treating all Mary …
When Actual Innocence Is Irrelevant: Federal Habeas Relief For State Prisoners After Herrera V. Collins, Jill Hanson Reinmuth
When Actual Innocence Is Irrelevant: Federal Habeas Relief For State Prisoners After Herrera V. Collins, Jill Hanson Reinmuth
Washington Law Review
In Herrera v. Collins, the United States Supreme Court held that federal habeas courts lack jurisdiction over claims of actual innocence based on newly discovered evidence because federal habeas courts ensure only that state prisoners are not held in violation of the United States Constitution. This Note argues that state prisoners are held in violation of the Constitution when state procedural rules constructively bar presentations of newly discovered evidence of innocence. This Note proposes that federal habeas courts should grant 1) an evidentiary hearing when a petitioner makes a substantial allegation of newly discovered evidence of innocence, and 2) relief …
Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt
Fifra Preemption Of State Common Law Claims After Cipollone V. Liggett Group, Inc., R. David Allnutt
Washington Law Review
In Cipollone v. Liggett Group, Inc., the Supreme Court reaffirmed a narrow application of the federal preemption doctrine where preemption would prevent a state from exercising its police powers through the common law. Cipollone marks the latest in a line of Supreme Court decisions requiring courts to employ a presumption against preemption if congressional intent to preempt is not clear. Nevertheless, recent circuit court decisions have held that FIFRA preempts state common law claims against pesticide manufacturers. This Comment concludes that courts continuing to hold FIFRA preemptive of state common law both misinterpret congressional intent and misapply Cipollone.
Due Process In Civil Forfeiture Cases In Washington After Tellevik V. Real Property, Zhihong Pan
Due Process In Civil Forfeiture Cases In Washington After Tellevik V. Real Property, Zhihong Pan
Washington Law Review
In Tellevik v. Real Property, the Washington Supreme Court held that the government's seizure of real property through an ex parte proceeding complied with the due process requirements of the federal Constitution. This Note examines the Tellevik decision in light of United States Supreme Court case law on procedural due process and lower federal court rulings in real property forfeiture cases. It argues that the Tellevik court, in reaching its decision, misapplied federal case law and concludes that due process requires an opportunity for a full hearing before the government can deprive an owner of real property.
From Freeman To Brown And Back Again: Principle, Pragmatism, And Proximate Cause In The School Desegregation Decisions, David Crump
Washington Law Review
A court deciding a constitutional case should announce a clear principle, one that the people can easily understand and follow. At the same time, such a decision should be pragmatic, in that it should effectively accomplish its goals while treating all affected persons fairly. The simultaneous fulfillment of these two criteria, however, can sometimes be extraordinarily difficult. In this article, Professor Crump considers how well the school desegregation remedies ordered by the Supreme Court fit the tests of principle and pragmatism. He concludes that the early decisions, as well as many of the later ones, do not achieve both goals, …
A Primer On Public Land Law, Marla E. Mansfield
A Primer On Public Land Law, Marla E. Mansfield
Washington Law Review
This article will examine the major missions and jurisdictions of the main federal land management systems, namely the public domain, the national forests, national parks, wildlife refuges, and wilderness areas. To introduce this examination, the constitutional provisions which justify the governing statutes will be explored. Additionally, as a prelude to the specific statutory mandates, this Article will review the system of reservations, withdrawals, and classifications. Preemption doctrine also will be addressed because states often desire to regulate activities on federal lands. Finally, the Article will distinguish between multiple use and dominant use.
The Protected Staus Of Opinion Work Product: A Misconduct Exception, Andrea L. Borgford
The Protected Staus Of Opinion Work Product: A Misconduct Exception, Andrea L. Borgford
Washington Law Review
Opinion work product generally has remained immune from discovery, although two increasingly problematic exceptions have developed to counter this immunity. The vague "at-issue" exception permits discovery of documented mental impressions when those mental impressions are central to the subject matter of the suit. The overly narrow "crime-fraud" exception opens opinion work product to discovery when it has been developed in furtherance of a crime or fraud. Because these redundant yet inadequate exceptions share common elements and goals, courts should streamline this important area of discovery law by condensing them into a new misconduct exception.
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Back To The Future: Federal Mail And Wire Fraud Under 18 U.S.C. § 1346, John E. Gagliardi
Washington Law Review
In 1988, Congress added section 1346 to the federal mail and wire fraud statutes to overturn the Supreme Court decision of McNally v. United States and provide statutory protection of the "intangible right of honest services." This Comment analyzes the extent to which section 1346 restores the protection of intangible rights as existed prior to McNally and concludes that most if not all of those intangible rights are again covered by the statutes. Further, this Comment recommends that the judiciary limit the application of the mail and wire fraud statutes in the private sector to cases involving a breach of …
Corporate Redemption In The Context Of Martial Dissolutions: I.R.C. § 1041 And Arnes V. United States, Thomas Monaghan
Corporate Redemption In The Context Of Martial Dissolutions: I.R.C. § 1041 And Arnes V. United States, Thomas Monaghan
Washington Law Review
In Ames v. United States the Ninth Circuit held that Temporary Treasury Regulation § 1.1041-IT, A-9 extended nonrecognition treatment to an ex-wife whose 50 percent interest in a corporation was redeemed pursuant to a divorce settlement, thereby leaving her ex-husband as the sole owner of the corporation. In doing so, the court not only contradicted the precedential treatment of bootstrap stock acquisitions but also misapplied its own interpretation of this regulation. This Note argues that a transaction such as that in Ames falls outside of the scope of the regulation and, therefore, the precedent surrounding bootstrap acquisitions should have controlled.
Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette
Complete Justice: Upholding The Principles Of Title Vii Through Appropriate Treatment Of After-Acquired Evidence, Jennifer Miyoko Follette
Washington Law Review
Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the job after …