Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (202)
- Torts (183)
- Criminal Procedure (160)
- Property Law and Real Estate (154)
- Labor and Employment Law (152)
-
- Civil Procedure (144)
- Family Law (134)
- Legal Profession (113)
- Intellectual Property Law (101)
- Criminal Law (98)
- State and Local Government Law (98)
- Comparative and Foreign Law (95)
- Civil Rights and Discrimination (90)
- Contracts (90)
- Estates and Trusts (90)
- Indigenous, Indian, and Aboriginal Law (89)
- Administrative Law (88)
- Business Organizations Law (88)
- Commercial Law (85)
- Courts (85)
- Environmental Law (82)
- Evidence (78)
- Natural Resources Law (70)
- First Amendment (67)
- Litigation (67)
- Water Law (65)
- Taxation-Federal (62)
- International Law (58)
- Jurisdiction (56)
- Keyword
-
- Community property (25)
- Washington (12)
- First Amendment (10)
- Privacy (10)
- Copyright (9)
-
- Uniform Commercial Code (9)
- Contracts (7)
- Criminal law (7)
- Restatement of the Law of Contracts (7)
- Constitutional Law (6)
- Fourth Amendment (6)
- Incarceration (6)
- Privileged communications (6)
- Property (6)
- Search and seizure (6)
- Washington State (6)
- COVID-19 (5)
- Choice of law (5)
- Due process (5)
- Eighth Amendment (5)
- Environmental Law (5)
- Equal Protection (5)
- Estate planning (5)
- Federal Rules of Civil Procedure (5)
- Federal Tort Claims Act (5)
- Federal Trade Commission (5)
- Law Enforcement (5)
- Litigation (5)
- Patent law (5)
- Public trust doctrine (5)
Articles 1081 - 1110 of 3365
Full-Text Articles in Law
The Many Meanings Of "Wherefore" In Legal History, Louis E. Wolcher
The Many Meanings Of "Wherefore" In Legal History, Louis E. Wolcher
Washington Law Review
This essay describes the strategies that sometimes allow me to make sense of the answers that people give to the question Why? when it comes up in scholarly accounts of legal outcomes from the past. The essay is constructive, not deconstructive; programmatic, not polemical. I mean to sketch and recommend a way of thinking about legal history that I call methodological self-consciousness. "Methodological individualism" would be both inaccurate and accurate as a label for the essay's approach to questions of causality. The label is inaccurate, because it fails to express the heavy emphasis that I place on the dialectical relationship …
The Right To Development As A Mechanism For Group Autonomy: Protection Of Tibetan Cultural Rights, Michele L. Radin
The Right To Development As A Mechanism For Group Autonomy: Protection Of Tibetan Cultural Rights, Michele L. Radin
Washington Law Review
Traditional legal mechanisms have failed to protect minority cultural integrity rights for the Tibetan people. Modem human rights law, however, offers a mechanism to protect cultural integrity through group autonomy. This Comment argues that the right to development can protect Tibetan cultural rights through such a claim for group autonomy over development.
Death Wish: What Washington Court Should Do When A Capital Defendant Wants To Die, Laura A. Rosenwald
Death Wish: What Washington Court Should Do When A Capital Defendant Wants To Die, Laura A. Rosenwald
Washington Law Review
The Washington Supreme Court held in State v. Dodd that a capital defendant may waive general review of conviction and sentence, and failed to determine whether a defendant may also withhold all mitigating evidence from the sentencing proceeding. The holding limits appellate oversight of death sentences to a degree that fails to ensure Washington's interest in reliable capital punishment. The court should have required general review of both conviction and sentencing in all capital cases. It also should have established a procedure for third-party presentation of mitigating evidence on behalf of capital defendants who insist on withholding such evidence.
Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne
Statistical Proof Of Discrimination: Beyond "Damned Lies", Kingsley R. Browne
Washington Law Review
Evidence that an employer's work force contains fewer minorities or women than would be expected if selection were random with respect to race and sex has been taken as powerful—and often sufficient—evidence of systematic intentional discrimination. In relying on this kind of statistical evidence, courts have made two fundamental errors. The first error is assuming that statistical analysis can reveal the probability that observed work-force disparities were produced by chance. This error leads courts to exclude chance as a cause when such a conclusion is unwarranted. The second error is assuming that, except for random deviations, the work force of …
Avoidability Of Foreclosure Sales Under Section 548(A)(2) Of The Bankruptcy Code: Revisiting The Transfer Issue And Standardizing Reasonable Equivalency, Vic Sung Lam
Washington Law Review
Federal courts consider the 1984 amendments to the Bankruptcy Code to have conclusively defined "transfer" to include foreclosure sales under section 548(a)(2). This Comment questions this widely accepted interpretation. Moreover, federal courts have strongly disagreed on the meaning of "reasonably equivalent value" under section 548(a)(2) of the Bankruptcy Code for the purpose of avoiding a foreclosure sale as a constructive fraudulent transfer. This Comment examines the three dominant but divergent approaches to determining reasonable equivalency. It concludes that both the Durrett 70-percent rule and the Madrid state-procedural approach are inappropriate standards because they fail to comport with the statutory language …
Proportionality And Punishment: Double Counting Under The Federal Sentencing Guidelines, Gary Swearingen
Proportionality And Punishment: Double Counting Under The Federal Sentencing Guidelines, Gary Swearingen
Washington Law Review
The Federal Sentencing Guidelines enhance sentences when the commission of a crime includes certain kinds of egregious conduct. The guidelines define such egregious conduct in a way that allows the sentencing judge to enhance the defendant's sentence twice for the same conduct—once as a "characteristic" of the specific offense for which the defendant is convicted and again under a general "adjustments" section. The federal circuit courts are divided concerning whether the guidelines permit double counting. This Comment examines the courts' differing interpretations of the governing statutes and concludes that the guidelines do not permit double counting unless explicitly stated in …
From Quantification To Qualification: A State Court's Distortion Of The Law In In Re General Adjudication Of All Rights To Use Water In The Big Horn River System, Berrie Martinis
Washington Law Review
The Wyoming Supreme Court applied state law to Indian reserved water rights in its recent decision in In re General Adjudication of All Rights to Use Water in the Big Horn River System (Big Horn III). Prior to Big Horn III, courts never applied state law to such rights. This Note argues that the Wyoming decision contradicts federal reserved water rights law and federal Indian law, and concludes that Congress should enact legislation overturning the Big Horn III decision.
Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy
Scott V. Pacific West Mountain Resort: Erroneously Invalidating Parental Releases Of A Minor's Future Claim, Angeline Purdy
Washington Law Review
In Scott v. Pacific West Mountain Resort, the Washington Supreme Court held that parents do not have legal authority to waive their children's future claims for personal injuries caused by a third party's negligence. This Note argues that the court departed from Washington precedent and ignored the implications of existing Washington law. Moreover, the court erroneously analogized children's future claims to children's existing claims by failing to adequately analyze the differences between the two situations. This Note thus concludes that because parents can already waive their children's causes of action in many situations, they should be allowed to do so …
Recognizing Sovereignty In Alaska Native Villages After The Passage Of Ancsa, Patricia Thompson
Recognizing Sovereignty In Alaska Native Villages After The Passage Of Ancsa, Patricia Thompson
Washington Law Review
The federal law principles of tribal sovereignty and Indian country define the parameters of tribal self-governance. In Alaska, however, federal and state courts remain divided on the issues of Alaska Native Village sovereignty and Indian country. This Comment examines the state and federal court treatment of these issues, and concludes that Native Villages are sovereign tribes and the lands set aside under the Alaska Native Claims Settlement Act should define the boundaries of Indian country in Alaska.
The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek
The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek
Washington Law Review
In Lucas v. South Carolina Coastal Council, the United States Supreme Court established a two-part takings analysis. The first step is an "economically viable use" threshold question, subject to a nuisance exception. The second step is a balancing test in which courts weigh the public and private interests involved. Although this two-part analysis differs in structure from most lower court takings analyses, most courts already apply a functionally equivalent test. Therefore, unless the Court alters the unit of land to which it applies, this new analysis will have little effect on the outcome of takings challenges to land use regulations.
Is The Rule Of Law Possible In A Postmodern World?, Francis J. Mootz Iii
Is The Rule Of Law Possible In A Postmodern World?, Francis J. Mootz Iii
Washington Law Review
The Rule of Law is the core of our political and legal ideology, but the Rule of Law increasingly is attacked as an unattainable goal. Postmoder theorists challenge whether it makes sense to believe that rules can be formulated for general application and then later neutrally applied by decision makers. Postmodern theorists reject the nlightenment world view and its political corollary, classical liberalism. The author agrees with the spirit of the postmoder critique, but argues that we can understand the Rule of Law in a manner consonant with postmodern thought. Drawing on the Continental tradition of hermeneutics, or the philosophy …
Tipper Credibility, Noninformational Tippee Trading, And Abstention From Trading: An Analysis Of Gaps In The Insider Trading Laws, Steven R. Salbu
Tipper Credibility, Noninformational Tippee Trading, And Abstention From Trading: An Analysis Of Gaps In The Insider Trading Laws, Steven R. Salbu
Washington Law Review
The regulation of insider trading in the United States prohibits only a fraction of the kind of behaviors which the Securities and Exchange Commission sought to curb in the 1930s. This Article explains the problems created by trading on tipper credibility and noninformation, as well as the difficulties associated with insider abstention from trading. These practices are conceptually akin to trading on inside information, yet they fall beyond the purview of existing prohibitions. The Article examines potential vehicles for rendering the regulations more consistent, including authorization of all insider trading, policing of information, the creation of inferences of fraud from …
A Square Peg In A Round Hole: The Proper Substantial Similarity Test For Nonliteral Aspects Of Computer Programs, David A. Loew
A Square Peg In A Round Hole: The Proper Substantial Similarity Test For Nonliteral Aspects Of Computer Programs, David A. Loew
Washington Law Review
Since the Third Circuit's decision in Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc. expanded copyright protection to include the nonliteral aspects of computer programs, courts have struggled to find a way to properly determine substantial similarity between programs, a necessary element of copyright infringement. In the Third Circuit, courts dissect competing programs and compare them in a one-step procedure. The Ninth Circuit uses a two-part process to objectively, and then subjectively, compare program elements. In Computer Associates International, Inc. v. Altai, Inc. the Second Circuit recommended a three-part substantial similarity test to filter out unprotectable elements and compare the …
The Inadmissibility Of Professional Ethical Standards In Legal Malpractice Actions After Hizey V. Carpenter, Marc R. Greenough
The Inadmissibility Of Professional Ethical Standards In Legal Malpractice Actions After Hizey V. Carpenter, Marc R. Greenough
Washington Law Review
In Hizey v. Carpenter, the Washington Supreme Court became the only court of last resort to prohibit introduction of the Code of Professional Responsibility and the Rules of Professional Conduct as evidence of an attorney's common law duty of care in an action for legal malpractice. This Note examines the Hizey decision and argues that the court should not create a preferential standard for attorneys. Instead, the court should admit professional ethical standards as evidence in legal malpractice actions on the same basis that the court admits statutes, ordinances, and administrative rules in other actions for negligence.
Reshaping The Federal Entrapment Defense: Jacobson V. United States, Elena Luisa Garella
Reshaping The Federal Entrapment Defense: Jacobson V. United States, Elena Luisa Garella
Washington Law Review
In Jacobson v. United States, the Supreme Court narrowed the types of evidence that the prosecution may rely on to show that a defendant was predisposed to commit a crime in cases where the defendant raises the entrapment defense. This Note examines the development of the entrapment doctrine and the doctrine's focus on the jury's role as the arbiter of the defendant's guilt or innocence. The Note argues that the Supreme Court strayed from its previous analysis of the defense by broadening the scenarios in which judges may find entrapment as a matter of law. Judicial activism in the context …
A Minor Hazard: Social Hosts Liability In Washington After Hansen V. Friend, Laura Hoexter
A Minor Hazard: Social Hosts Liability In Washington After Hansen V. Friend, Laura Hoexter
Washington Law Review
In Hansen v. Friend, the Washington Supreme Court held that a host who furnishes alcohol to a minor in a social setting is liable for all resulting injuries to the minor. In reaching this result, the court limited the cause of action to minors, denying all third parties injured by intoxicated minors a claim against social hosts. Additionally, the court allowed intoxicated minors to bring an action for injuries resulting from any type of hazard they encountered while intoxicated. This Note examines the Hansen decision and proposes that, given the court's decision to impose civil liability upon hosts, the court …
Corporate Governane—The Role Of Special Litigation Committees, Charles W. Murdock
Corporate Governane—The Role Of Special Litigation Committees, Charles W. Murdock
Washington Law Review
In reviewing decisions of a special litigation committee, courts have generally applied the business judgment rule to the "second-tier" decision by the committee when it moves to dismiss litigation challenging alleged "first-tier" wrongdoing. While all courts inquire into the independence and good faith of the committee, and the adequacy of its procedures, a judicial split exists as to whether the court can inquire into the substantive reasons why the committee believes the litigation should be dismissed. This Article analyzes the nature of structural bias and contrasts the procedural rights which a plaintiff possesses in a judicial proceeding with the lack …
Indeterminancy, Complexity, And Fairness: Justifying Rule Simplication In The Law Of Taxation, John A. Miller
Indeterminancy, Complexity, And Fairness: Justifying Rule Simplication In The Law Of Taxation, John A. Miller
Washington Law Review
This Article addresses the appropriateness of elaborate tax rules, that is, rules that are long, detailed, specific, and interconnected, by reference to the debate among jurisprudential scholars concerning the determinacy of law. It gives special attention to the works of Professors Anthony D'Amato, Kent Greenawalt, Ken Kress, and Frederick Schauer by placing their ideas concerning legal indeterminacy into the context of tax law. Professor D'Amato asserts that law is entirely indeterminate. Professor Greenawalt believes that "many legal questions have determinate answers." Professor Kress believes that "the indeterminacy of the law is no more than moderate." Professor Schauer argues that highly …
The Case Against Copyright Protection For Programmable Logic Devices, Stephen C. Bishop
The Case Against Copyright Protection For Programmable Logic Devices, Stephen C. Bishop
Washington Law Review
Several commentators have argued that copyright protection should extend to protect logic equations incorporated in a type of semiconductor chip called a programmable logic device (PLD). They reach this result by analogizing to the storage of computer software in memory chips, an embodiment that is currently protected under the copyright laws. This Comment analyzes logic equations incorporated in a PLD with respect to the copyright statute, utilitarian device doctrine, and the legislative history of the Semiconductor Chip Protection Act. It concludes that copyright protection should not extend to protect the logic equations incorporated in a PLD.
Admissibility Of Prior Theft Convictions To Impeach Criminal Defendants In Washington State, Hossein Nowbar
Admissibility Of Prior Theft Convictions To Impeach Criminal Defendants In Washington State, Hossein Nowbar
Washington Law Review
The majority of the federal circuit courts hold that prior theft convictions are not automatically admissible under Evidence Rule 609(a)(2) as crimes of dishonesty or false statement. The Washington Supreme Court departs from this conclusion and holds all theft crimes automatically admissible under ER 609(a)(2) as crimes of dishonesty or false statement. This Comment discusses the inherent problems in Washington's interpretation of the terms "dishonesty or false statement" in ER 609(a)(2) and suggests three possible solutions that may alleviate those problems.
Judicial Deference To Administrative Agencies' Legal Interpretations After Lechmere, Inc. V. Nlrb, Susan K. Goplen
Judicial Deference To Administrative Agencies' Legal Interpretations After Lechmere, Inc. V. Nlrb, Susan K. Goplen
Washington Law Review
In Lechmere, Inc. v. NLRB, the Supreme Court held that when interpreting administrative statutes, the Court will defer to its own previous interpretations rather than defer to administrative agencies' interpretations of statutes. Thus, the Court determined that stare decisis is dominant over judicial deference to administrative agencies. The Court decided Lechmere, Inc. v. NLRB wrongly. The rationales for deference to agencies exist whether or not the courts have addressed the statute in question. Therefore, courts should apply the doctrine of judicial deference even when courts have previously interpreted a statute.
Between The Devil And The Deep Blue Sea: Crime Victims' Dilemma After Simon & Schuster, Inc. V. Members Of The New York Crime Victims Board, 112 S. Ct. 501 (1991), Michele C. Meske
Between The Devil And The Deep Blue Sea: Crime Victims' Dilemma After Simon & Schuster, Inc. V. Members Of The New York Crime Victims Board, 112 S. Ct. 501 (1991), Michele C. Meske
Washington Law Review
In Simon & Schuster, Inc. v. Members of the New York Crime Victims Board, the Supreme Court held that a statute, New York's "Son of Sam" law, that allowed crime victims to reach the proceeds of their victimizers' media reenactments of the criminals' wrongful acts violated the First Amendment. By invalidating the statute, the Supreme Court eliminated the only presently available means to prevent criminals from profiting from their crimes and exploiting their victims. This Comment examines the origins of this problem and proposes that courts use restitutions common law doctrines to prevent criminals who sell their stories from profiting …
Deterring Egregious Violations Of Public Policy: A Proposed Amendment To The Model Employment Termination Act, Dawn S. Perry
Deterring Egregious Violations Of Public Policy: A Proposed Amendment To The Model Employment Termination Act, Dawn S. Perry
Washington Law Review
The Model Employment Termination Act (Model Act), if enacted by state legislatures, would provide good cause protection to private sector employees. In exchange for this increased job security, the Model Act limits the range of remedies available for wrongful discharges. This Comment compares the remedies available under common law to those embodied in the Model Act and concludes that the Model Act does not adequately deter abusive discharges in violation of public policy. By amending the Model Act to include a capped punitive damages provision for egregious violations of public policy, state legislatures can achieve deterrence without undermining the compromise …
Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden
Persecution On Account Of Political Opinion: "Refugee" Status After Ins V. Elias-Zacarias, 112 S. Ct. 812 (1992), Craig A. Fielden
Washington Law Review
In INS v. Elias-Zacarias, the Supreme Court examined the definition of "refugee" under the Refugee Act of 1980 and found that harm from refusing to join a guerrilla organization is not "persecution on account of political opinion" as defined under that Act. This decision is incompatible with the intent of the Refugee Act of 1980 and creates onerous burdens of proof for aliens seeking asylum. This Note analyzes the Court's reasoning and concludes that Congress should enact legislation nullifying the Court's decision.
Participation Without Representation: The Meaning Of The Right To Vote After Presley V. Etowah County Commission, 112 S. Ct. 820 (1992), Nancy C. Zaragoza
Participation Without Representation: The Meaning Of The Right To Vote After Presley V. Etowah County Commission, 112 S. Ct. 820 (1992), Nancy C. Zaragoza
Washington Law Review
Section 5 of the Voting Rights Act requires governing entities implementing any new practices "with respect to voting" to first permit such changes to be scrutinized for discriminatory effects. In Presley v. Etowah County Commission, the United States Supreme Court held that a county government's restructuring of power among commissioners did not require scrutiny because the restructuring did not constitute a change with respect to voting. This Note examines Presley and concludes that the Court's decision ignored precedent, created an unreasonable test and misapplied the test. To ensure effective enforcement of the Voting Rights Act, the Court should adopt a …
A Pragmatic Model Of Law, Daniel C.K. Chow
A Pragmatic Model Of Law, Daniel C.K. Chow
Washington Law Review
While all of us are pragmatic in an informal or colloquial sense in many instances in daily life, pragmatism as applied to law has a deeper, jurisprudential sense The author suggests that modern legal pragmatism presents a model of law that avoids the serious philosophical errors of the traditional model of law, which is based upon assumptions that are untenable in light of fundamental developments in twentieth century thought. The traditional model justifies law by grounding law in eternal, immutable and transcendental foundations. All modern legal pragmatists reject the notion that transcendental foundations sustain law. Modern legal pragmatism arose in …
Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg
Federal Moral Rights For Visual Artists: Contract Theory And Analysis, Russ Versteeg
Washington Law Review
This Article is intended neither as an introduction to contract principles for visual artists nor as a comprehensive analysis or study of art law contracts. Nor is this Article intended as a "how to negotiate a contract" manual for visual artists with annotations and forms. Works such as these already exist and are available for both attorneys and artists. Furthermore, this Article is not an exhaustive treatment of the philosophical, political and sociological forces that shaped the American recognition of moral rights for visual artists under the United States Copyright Act. Instead, this Article looks critically at the immediate, potential …
Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly
Regulating Cable Television Rates: A Phantom First Amendment Problem, Matthew Jolly
Washington Law Review
Public concern over cable television's status as a monopoly has generated a movement to allow local franchising authorities to regulate cable service rates. Because the courts have yet to hear a First Amendment challenge to imposing rate regulation on a member of the media, the constitutionality of cable rate regulation is not settled. This Comment argues that the restriction on speech resulting from rate regulation is outweighed by the substantial government interest in preventing unfair monopoly pricing practices.
In-House Counsel's Wrongful Discharge Action Under The Public Policy Exception And Retaliatory Discharge Doctrine, Raymis H.C. Kim
In-House Counsel's Wrongful Discharge Action Under The Public Policy Exception And Retaliatory Discharge Doctrine, Raymis H.C. Kim
Washington Law Review
Most courts hold that in-house counsel have no cause of action under public policy or retaliatory discharge exceptions to the at-will employment rule. This is true even when they are discharged in contravention of a clearly mandated public policy. These courts have rationalized that such recognition would be contrary to the at-will nature of attorney-client employment and would have an adverse effect on the attorney-client relationship. This Comment proposes that courts should extend the public policy exception and retaliatory discharge doctrine to in-house counsel to protect the public from illegal corporate acts and provide relief to in-house counsel.
They Never Kept But One Promise—County Of Yakima V. Confederated Tribes And Bands Of The Yakima Indian Nation, 112 S. Ct. 683 (1992), Deborah Jo Borrero
They Never Kept But One Promise—County Of Yakima V. Confederated Tribes And Bands Of The Yakima Indian Nation, 112 S. Ct. 683 (1992), Deborah Jo Borrero
Washington Law Review
Despite congressional efforts to promote tribal self-determination and self-governance, the Supreme Court continues to give effect to disastrous assimilative policies of the past. A particularly far-reaching case, County of Yakima v. Confederated Tribes and Bands of the Yakima Indian Nation, upheld state property taxation of tribal land within an Indian reservation. The decision neglects tribal sovereignty and contradicts federal policy. After Yakima Indian Nation, tribalism is in serious jeopardy once again. This Note examines Yakima Indian Nation and concludes that Congress must intervene to protect tribes from state property taxes to preserve tribal land and sovereignty.