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Articles 1 - 30 of 35
Full-Text Articles in Law
How To Write, Edit, And Review Persuasive Briefs: Seven Guidelines From One Judge And Two Lawyers, Judge Stephen J. Dwyer, Leonard J. Feldman, Ryan Mcbride
How To Write, Edit, And Review Persuasive Briefs: Seven Guidelines From One Judge And Two Lawyers, Judge Stephen J. Dwyer, Leonard J. Feldman, Ryan Mcbride
Seattle University Law Review
The ability to write and recognize a persuasive brief is important to lawyers throughout their careers. Junior attorneys are often responsible for initially writing a brief. Senior attorneys often review those briefs and either rewrite or edit them (as circumstances require). In-house counsel may then review the briefs once more, providing additional edits and comments and addressing concerns. Wherever you happen to be in your career, it is important to know how to write, rewrite, edit, recognize, and review an effective brief. This Article offers a number of guidelines for crafting such briefs and provides a number of practical pointers …
The Origin Of Article I, Section 7 Of The Washington State Constitution, Associate Chief Justice Charles W. Johnson, Scott P. Beetham
The Origin Of Article I, Section 7 Of The Washington State Constitution, Associate Chief Justice Charles W. Johnson, Scott P. Beetham
Seattle University Law Review
This Article will demonstrate that history does in fact provide guidance to the intention of the framers when they rejected the language of the Fourth Amendment and adopted the unique language of article I, section 7. Contrary to the Ringer court's assertion, federal and state case law, legal academic articles, and newspaper articles from the late nineteenth century and early twentieth century provide a wealth of information from which the rationale behind the framers' decision to choose the specific language in article I, section 7 can be hypothesized.
Washington's Way Ii: The Burden Of Enforcing Growth Management In The Crucible Of The Courts And Hearings Boards, Henry W. Mcgee, Jr., Brock Howell
Washington's Way Ii: The Burden Of Enforcing Growth Management In The Crucible Of The Courts And Hearings Boards, Henry W. Mcgee, Jr., Brock Howell
Seattle University Law Review
This Article continues the analysis and discussion of the conflicts and problems that beset a dispersed and decentralized growth management control system, as discussed in Washington's Way: Dispersed Enforcement of Growth Management Controls and the Crucial Role of NGOs. That article explained how Washington politicians, in an effort to combat urban sprawl, created a dispersed, "bottom-up" approach to growth management by enacting the Washington Growth Management Act (GMA). The enforcement mechanism provided under the GMA, however, was not mandated to a single government entity; rather, it was left to citizens and non-governmental organizations (NGOs) acting at the local level. …
Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine
Beyond Unconscionability: The Case For Using "Knowing Assent" As The Basis For Analyzing Unbargained-For Terms In Standard Form Contracts, Edith R. Warkentine
Seattle University Law Review
Much scholarship questioning the enforcement of standard form contract terms offers interesting insights into possible approaches a court can take in analyzing the issue, but the literature largely fails to examine what courts actually do in these cases. This Article identifies the gap between what scholars are saying about standard form contracts and what courts are doing about them. It notes that courts have not accepted the scholarship that urges a nontraditional approach to analyzing assent. Rather-with but a few exceptions—what has emerged is a case-by-case unconscionability analysis in which courts focus narrowly on particular terms and conditions in standard …
Oh, What A Tangled World Wide Web We Weave: An Analysis Of Washington's Computer Spyware Act In A National Context, Laura L. Edwards
Oh, What A Tangled World Wide Web We Weave: An Analysis Of Washington's Computer Spyware Act In A National Context, Laura L. Edwards
Seattle University Law Review
Spyware affects businesses as well as individuals. Spyware can expose a company's confidential information, slow down computers and networks, and destroy data. Employees lose efficiency while waiting for IT staff to fix the various problems caused by spyware, which increases costs. Accordingly, spyware is not just a minor annoyance suffered by individual Internet users; rather, it harms American businesses and the economy as well.
Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand
Constitutional Limitations On The Ability Of States To Rehabilitate Their Failed Electric Utility Restructuring Plans, James M. Van Nostrand
Seattle University Law Review
This Article will review the constitutional limitations that come into play when a state seeks to rehabilitate its failed electric utility restructuring plan. Under the Constitution, utilities are entitled to earn a reasonable return on the assets devoted to public service. A situation in which retail rates are frozen may result in denial of a compensatory return if the electric utility is incurring higher costs to generate or procure its power supply. This is the traditional "takings" argument based on the Fifth Amendment to the Constitution, as applied to the states under the Fourteenth Amendment. Apart from this commonly asserted …
An Unaccountable Familiarity: A Dual Solution To The Problem Of Theft In Theatrical Productions, Jeannette Gunderson
An Unaccountable Familiarity: A Dual Solution To The Problem Of Theft In Theatrical Productions, Jeannette Gunderson
Seattle University Law Review
The production of a play as a whole is a derivative work of joint authorship; thus, copyright law should protect it. As a work of authorship, the sum of the design elements that form a production are protectable by copyright because the production is an original creation; while based on the text of the play, any given production is developed separately from the underlying work and merits its own protection.8 Because of the collaborative and interdependent nature of a production of a play, musical, or opera, the resulting combination of all aspects of design and direction should be protected as …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown
Executive Constraint, Judicial Uncertainty, And Legislative Complacency: Washington Responds With A Progressive Approach To Climate Change, Daniel A. Brown
Seattle University Law Review
This Comment argues that Washington's renewable energy tax incentives likely discriminate against interstate commerce. More importantly, however, it contends that although these types of tax incentives violate the Commerce Clause, Congress can and should pass legislation authorizing their use under the state police power.
Introduction, Kellye Y. Testy
Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth
Recruiting Sexual Minorities And People With Disabilities To Be Dean, Joan W. Howarth
Seattle University Law Review
This Essay discusses diversity in deaning as it pertains to two identity categories: members of the lesbian, gay, bisexual, and transgender (LGBT) communities, and people with disabilities. Each identity is itself fluid and contested, containing such enormous variations as to render the category illusive and often obfuscating. People with visible disabilities face fundamentally different issues than people with hidden disabilities, for example. Pairing sexual orientation and disability risks false analogies, and worse.
Be Careful What You Wish For: Succeeding In The Dean Candidate Pool, Gail B. Agrawal
Be Careful What You Wish For: Succeeding In The Dean Candidate Pool, Gail B. Agrawal
Seattle University Law Review
My conference assignment focused on the second step of the process: how does a decanal candidate become a sitting dean? In this short essay, I share some thoughts on what I know now as a successful candidate and contented dean that I wish I had known then as a dean candidate.
Leading Change In Legal Education: Good News For Diversity, Antoinette Sedillo Lopez
Leading Change In Legal Education: Good News For Diversity, Antoinette Sedillo Lopez
Seattle University Law Review
Two recent influential books on legal education, Educating Lawyers and Best Practices for Legal Education, come to similar conclusions about the problems with many legal education programs today. Many other suggestions for improvement in legal education programs are also similar. A major point made in both books is the need to train lawyers in their roles and skills as professionals. The books both contemplate a move from the current model of large classes taught through modified Socratic dialogue to a sequenced set of courses and experiences that build on basic legal analytical skill and provide opportunities for real life and …
Knowing Which Deanship Is The Right One, R. Lawrence Dessem
Knowing Which Deanship Is The Right One, R. Lawrence Dessem
Seattle University Law Review
In order to maximize the chance of a good fit between the dean candidate and law school, the candidate should (1) carefully plan her law school dean search; (2) conduct thorough discovery concerning schools of potential interest during the search process; (3) be candid and open during the interview process; and (4) take time to thoughtfully consider any offers received. Each of these steps in the dean search process will now be considered.
Succeeding In The Candidate Pool: Resources Available For Persons Interested In Becoming A Law School Dean, David A. Brennan
Succeeding In The Candidate Pool: Resources Available For Persons Interested In Becoming A Law School Dean, David A. Brennan
Seattle University Law Review
This presentation covers three areas that fall under my supervision as Deputy Director of the Association of American Law Schools (AALS). First, I will discuss the two Deans Databanks that I administer, which relate directly to increasing diversity among the ranks of law school deans in America: the Women Deans Databank and the Minority Deans Databank. In particular, I will address how these two databanks reflect the core values of the AALS and how the databanks function in the deanship process. Second, I will discuss the Law Deanship Manual, an AALS publication that addresses nearly every aspect of what it …
Matchmaker, Matchmaker, Find Me The Perfect (Decanal) Match, William B.T. Mock
Matchmaker, Matchmaker, Find Me The Perfect (Decanal) Match, William B.T. Mock
Seattle University Law Review
I have been asked to address the question, “How do you know which deanship is the right one?” Since I am the only panel member never to have served as the dean of a law school, this naturally involves some speculation on my part. I have interviewed for some decanal positions, and have even had my name forwarded to university presidents more than once, but I have never found the right fit premised by the panel's topic. As a result, a little further into this essay, speculation even ventures into fiction or, as law professors like to call it, a …
Selected Commentary, Seattle University Law Review
Selected Commentary, Seattle University Law Review
Seattle University Law Review
First, why become a dean? This is the million-dollar question. It is a critically important question to ask yourself. To adequately answer that question, you must ask some related ones: What are the rewards and challenges of deaning? When is the right time--professionally and personally--for me to be a dean? These are as much personal as professional queries.
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Seattle University Law Review
The full extent of what the Court decided in Grutter and Parents Involved remains in some dispute. What is far more certain is that both cases continue to stir deeply held passions that help frame public and legal debates about the Court and its role in affirmative action and school desegregation disputes. Amid these increasingly raucous debates, this Article expressly side steps the many questions (and controversies) about what the Court decided in those cases and seeks to escape from the frequently politically charged and volatile context of governmental uses of race. This Article instead focuses on how the Court …
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Seattle University Law Review
This Article proceeds in three Parts. Part II considers the historical and social context that led to the ultimate successful strategy in Brown. Although times may have changed, my ultimate argument is that contexts matters; as such, to fully understand Brown, we must understand the strategy behind it and the road that takes us from Plessy to Brown<,/em>. Part III considers the trends that led to Brown's undoing. While Brown I offers no remedy and Brown II provides that schools should be desegregated “with all deliberate speed,” one must understand the societal shifts that occurred, fundamentally changing the …
Solving The Parents Involved Paradox, Lino A. Graglia
Solving The Parents Involved Paradox, Lino A. Graglia
Seattle University Law Review
The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No. 1 (Parents Involved) presents the seeming paradox that the Constitution can on one day require a school district to take drastic measures, including busing students across a giant school district to increase racial integration in schools, and then prohibit school districts from taking even the mildest measures, such as using race as a tie-breaker in making student assignments, on the next. How, a rational observer must wonder, can this be possible? The answer is that, as usual in the making of “constitutional law,” the Constitution …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …
The Golden Cage: How Immigration Law Turns Foreign Women Into Involuntary Housewives, Magdalena Bragun
The Golden Cage: How Immigration Law Turns Foreign Women Into Involuntary Housewives, Magdalena Bragun
Seattle University Law Review
This Comment begins with a presentation of the general principles of immigration law, introducing the reader to concepts such as immigrant and nonimmigrant status, derivative status, and adjustment of status. Part III offers a more detailed presentation of the H status, emphasizing H-1B classification and describing specific regulations that are pertinent to the subsequent discussion of the spousal employment authorization problem. Part IV presents five arguments why spouses of foreign professionals should be allowed to work, considering issues such as spousal dependency, equal treatment, the competitiveness of the United States in the global search for talent, and tax benefits.
A Good Idea Stretched Too Far: Amending The General Aviation Revitalization Act To Mitigate Unintended Inequities, Kerry V. Kovarik
A Good Idea Stretched Too Far: Amending The General Aviation Revitalization Act To Mitigate Unintended Inequities, Kerry V. Kovarik
Seattle University Law Review
This Comment will examine the congressional intent that shaped GARA, evaluate the equitable implications of the statute's drafting language, discuss its significant judicial interpretations, and explore the author's recommendations aimed at minimizing GARA's inequities without negating its positive aspects. Part II begins with an analysis of GARA's legislative history, identifies stakeholders and their arguments, and examines issues given insufficient consideration by Congress. Part III assesses how GARA actually affected the aviation market when compared to the stakeholders' predictions. Part IV will survey a selection of important judicial decisions interpreting GARA. Finally, Part V evaluates the inequities created by the statute …
Habeas Corpus Law In The Ninth Circuit After Mendoza V. Carey: A New Era?, Jay W. Spencer
Habeas Corpus Law In The Ninth Circuit After Mendoza V. Carey: A New Era?, Jay W. Spencer
Seattle University Law Review
After a brief review in Part II of the current habeas corpus appeals practice following the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA),9 Part III of this Note will examine the factual and procedural history of Mendoza. Next, Part IV will analyze the case's majority and dissenting opinions. Finally, Part V contrasts Mendoza with factually similar cases in other jurisdictions and demonstrates that, even though the Ninth Circuit stands alone, its ruling strikes a proper balance between limiting abuse of the writ and ensuring that it remains available to all inmates who diligently pursue …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri J. Dobbins
Great (And Reasonable) Expectations: Fourth Amendment Protection For Attorney-Client Communications, Teri J. Dobbins
Seattle University Law Review
Most motor vehicle crashes are traceable to “some failure of judgment that fully reveals its dangers only when it is too late. That is precisely why they are accidents.” For example, speeding is one of the most prevalent factors contributing to vehicular crashes. Although especially deadly when combined with driver intoxication, speeding is a significant contributing factor in fatal crashes involving sober drivers. Part II of this Article briefly discusses the development of accident insurance. It examines courts' struggles in determining whether an insured's death was an accident for purposes of awarding accidental death benefits, and approaches to resolving this …
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Seattle University Law Review
This Article argues that the Fourth Amendment protects confidential attorney-client communications from unreasonable government intrusion, including unreasonable court orders compelling production of attorney-client communications. The Article begins by focusing on the elements of a claim under the Fourth Amendment. Part II identifies the elements and subsequent sections address each element in the context of attorney-client communications. Part III considers the legitimate expectation of privacy in confidential attorney-client communications. Part IV addresses the search and seizure requirement, explores authority distinguishing between "actual" and "constructive" searches, and concludes that, in addition to searches, court-ordered production of attorney-client communications (a "constructive" search and …
Drunk In The Serbonian Bog: Intoxicated Drivers' Deaths As Insurance Accidents, Douglas R. Richmond
Drunk In The Serbonian Bog: Intoxicated Drivers' Deaths As Insurance Accidents, Douglas R. Richmond
Seattle University Law Review
Part II of this Article briefly sketches the overall ethical framework under the ABA Model Rules and the ABA Model Code of Professional Responsibility, including the proscription on deceit and misrepresentation in Model Rule 8.4 and the ban on attorney contact with represented adverse parties in Model Rule 4.2. Part Ill describes the jurisdictions that have declined to create status-based exceptions to Model Rule 8.4, and the nationwide uproar created when the Oregon Supreme Court initially refused to permit undercover investigations involving any deception— including investigations by law enforcement personnel. That Part will also trace the subsequent adoption of a …
"Virtual" Schools: Real Discrimination, Edward Lin
"Virtual" Schools: Real Discrimination, Edward Lin
Seattle University Law Review
Jurisdictions should protect privileged communications that are voluntarily shared between insureds and insurers. They should recognize this protection to prevent unwanted and unintended disclosure to third parties while continuing to encourage honest communication between insurance companies and their insureds. To achieve this result, jurisdictions need to adopt an approach that views the insurance company as the insured's ally, rather than adversary, even when the insured is defending a lawsuit that the insurer might later exclude from coverage. Part II of this Comment describes how and why D&O policies differ from general liability policies, which also involve litigation concerning privileged information. …