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Articles 1 - 30 of 67
Full-Text Articles in Law
Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai
Brief Of Amici Curiae Karen And Ken Korematsu; Holly, Iris, And Laurel Dee Yasui; Jay Hirabayashi; Sharon Mitsu Yuen; And Marion Setsu Oldenburg In Support Of Plaintiffs-Appellees And Affirmance, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae, Lorraine Bannai
Fred T. Korematsu Center for Law and Equality
Hedges v. Obama
Brief Of Amicus Curiae, Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Robert Chang, Fred T. Korematsu Center For Law And Equality
Brief Of Amicus Curiae, Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Robert Chang, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Garcia-Bueno
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Comments Of The Center For Indian Law & Policy On Washington’S Fish Consumption Rate Technical Support Document, Catherine O’Neill
Faculty Articles
Comments Submitted to the Washington State Department of Ecology.
Brief Of Amici Curiae The Defender Initiative And Aclu Of South Carolina, The Defender Initiative, Aclu Of South Carolina, Robert C. Boruchowitz
Brief Of Amici Curiae The Defender Initiative And Aclu Of South Carolina, The Defender Initiative, Aclu Of South Carolina, Robert C. Boruchowitz
Fred T. Korematsu Center for Law and Equality
Brief of Amici Curiae The Defender Initiative and ACLU of South Carolina
Plaintiff-Appellant's Replacement Reply Brief, Anjana Malhotra, Robert Chang, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic
Plaintiff-Appellant's Replacement Reply Brief, Anjana Malhotra, Robert Chang, Fred T. Korematsu Center For Law And Equality, Ronald A. Peterson Law Clinic
Fred T. Korematsu Center for Law and Equality
Hoisington v. Williams
Plaintiff-Appellant's Opening Replacement Brief, Anjana Malhotra, Robert Chang, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality
Plaintiff-Appellant's Opening Replacement Brief, Anjana Malhotra, Robert Chang, Ronald A. Peterson Law Clinic, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Hoisington v. Williams
Amicus Curiae Brief Of The Washington Defender Association, The Washington Association Of Criminal Defense Lawyers, The Northwest Immigrant Rights Project, Oneamerica, Fred T. Korematsu Center For Law And Equality, And The Washington Chapter Of The American Immigration Lawyers Association, In Support Of Appellant's Motion For Reconsideration, Fred T. Korematsu Center For Law And Equality
Amicus Curiae Brief Of The Washington Defender Association, The Washington Association Of Criminal Defense Lawyers, The Northwest Immigrant Rights Project, Oneamerica, Fred T. Korematsu Center For Law And Equality, And The Washington Chapter Of The American Immigration Lawyers Association, In Support Of Appellant's Motion For Reconsideration, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Cervantes
Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Brief Of Amici Curiae, Fred T. Korematsu Center For Law And Equality, Oneamerica, Northwest Immigrant Rights Project, Asian Counseling & Referral Service, Korean American Bar Association Of Washington, Middle Eastern Legal Association Of Washington, And Dr. Daryl Fujii In Support Of Appellant, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
State v. Sisouvanh
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Juvenile Justice And Racial Disproportionality: A Presentation To The Washington State Supreme Court, Fred T. Korematsu Center For Law And Equality, Robert Chang
Fred T. Korematsu Center for Law and Equality
Juvenile Justice and Racial Disproportionality: A Presentation to the Washington State Supreme Court
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Petitioner, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae
Fred T. Korematsu Center for Law and Equality
State v. Allen
The Least Of These: In Praise Of Professor Tom Holdych’S Integrity And Dedication To Justice For The Disadvantaged, Henry Mcgee
The Least Of These: In Praise Of Professor Tom Holdych’S Integrity And Dedication To Justice For The Disadvantaged, Henry Mcgee
Faculty Articles
An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.
Tribute To Professor Tom Holdych, John Weaver
Tribute To Professor Tom Holdych, John Weaver
Faculty Articles
An obituary for Thomas J. Holdych, contracts and commercial law professor at the Seattle University is presented.
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark A. Chinen
Crumbs From The Table: The Syrophoenician Woman And International Law, Mark A. Chinen
Faculty Articles
The article presents information on the Syrophoenician woman with respect to the international law and the international response to global crisis like climatic change. The views of scholars like Bhalakrishna Rajagopal, Amartya Sen and David Boucher are presented on the issue of modern challenges that pose a threat to international justice and international law. Information on the Syrophoenician woman is presented with reference to a passage in the Gospel of Mark.
The Vanishing Plaintiff, Brooke D. Coleman
The Vanishing Plaintiff, Brooke D. Coleman
Faculty Articles
What if restrictive procedural rules kept cases like Bakke v. Regents of the Univ. of Cal., Monell v. Dept. of Soc. Servs., and Hopkins v. Price Waterhouse from making it past a motion to dismiss and on to the Supreme Court? A case like Bakke is well-known for its holding about the use of race in admissions policies. But imagine that Alan Bakke was never able to get his original trial court complaint past a motion to dismiss, through discovery, and on to a final, appealable judgment. While reasonable people can disagree about the merits of Bakke, it …
Location, Location, Location: Using Cost Of Living To Achieve Tax Equity, James Puckett
Location, Location, Location: Using Cost Of Living To Achieve Tax Equity, James Puckett
Faculty Articles
All other things being equal, the federal income tax ignores whether the taxpayer lives in a relatively affordable or expensive location. This approach can lead to unfairness; moreover, special deductions for the taxpayer's actual living expenses, such as home mortgage interest and state and local taxes, do not solve the problem. Tax law scholars have generally been quick to dismiss the equity issues based on assumptions about taxpayer mobility. The existing literature would tax comparable workers equally, regardless of salary and living costs. This approach would unfairly equate differently situated workers. This article questions the assumption of taxpayer mobility, considers …
Saving The Puget Sound Wild Salmon Fishery, George Van Cleve
Saving The Puget Sound Wild Salmon Fishery, George Van Cleve
Faculty Articles
This article focuses on the prevention of future habitat losses. Part I explores flaws in how existing law deals with habitat protection and outlines alternative policies to improve it. Part II charts the decline of the Puget Sound salmon fishery and discusses the scientific support for the conclusion that habitat protection and restoration is a central element in restoring it. Part III considers how effective administrative action and related endangered species litigation are likely to be as means of protecting habitat. Since Native American tribes face very severe harm from the fishery's potential destruction, Part III also explores their distinctive …
A Pragmatic Republic, If You Can Keep It, Bill Sherman
A Pragmatic Republic, If You Can Keep It, Bill Sherman
Faculty Articles
The administrative state has been bedeviled by doubts about its democratic legitimacy and its questionable Constitutional provenance. Courts and scholars attack or shore up this weakness, but almost all proceed on the assumption that the administrative state is a modern leviathan unimaginable to the Founders. Consequently, questions about the role of politics in agency decisions assign a disfavored role to “pure politics” in rulemaking. This Book Review Essay challenges that assumption and its implications for the role of politics in administrative decisionmaking. Centering on a review of Jerry L. Mashaw’s new book, Creating the Administrative Constitution: The Lost One Hundred …
It's Time For An Alternative Dispute Resolution Procedure, James Rosenfield
It's Time For An Alternative Dispute Resolution Procedure, James Rosenfield
Faculty Articles
No abstract provided.
Supercolleague, Margaret Chon
Supercolleague, Margaret Chon
Faculty Articles
This memorial tribute to the late Keith Aoki traces the impact of his overlapping activities as an artist, warrior, and mentor, particularly in the area of Asian-American jurisprudence.
The Romantic Collective Author, Margaret Chon
The Romantic Collective Author, Margaret Chon
Faculty Articles
Although the romantic collective author is a much more elusive creature than its romantic individual counterpart, it can be discerned amidst the proliferation of expression on the Internet. This article first outlines the ways in which the romantic author effect operates through both its genius and its arbiter prongs within collaborative authorship practices in digital networks. It next turns to scientific collaboration, where this author effect is attenuated, to assess whether scientific authorship practices might contribute to a more realistic and less romantic understanding of expressive authorship practices. A subsequent case study of collaborative digital authorship by Wikipedia contributors uncovers …
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Centennial Reflections On The California Law Review'S Scholarship On Race: The Structure Of Civil Rights Thought, Richard Delgado
Faculty Articles
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but are beginning to occupy the same territory. After describing the two paradigms and explaining their origin and operation, he puts forward a prediction for what their convergence may portend for the future of civil rights thought.
Naim V. Naim, Richard Delgado
Naim V. Naim, Richard Delgado
Faculty Articles
Part of a law review symposium on the worst Supreme Court cases, this essay nominates Naim v. Naim, in which the Court declined to review a Virginia antimiscegenation law, postponing action in this area for over a dozen years. This article argues that the Court's reluctance to enter this arena was unfortunate, short-sighted, and cruel; and that we might be a different nation if the Supreme Court had been less concerned about appearances and more about doing the right thing in 1955.
Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce
Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce
Faculty Articles
No abstract provided.
Don’T Blame Crawford Or Bryant: The Confrontation Clause Mess Is All Davis’S Fault, Deborah Ahrens, John Mitchell
Don’T Blame Crawford Or Bryant: The Confrontation Clause Mess Is All Davis’S Fault, Deborah Ahrens, John Mitchell
Faculty Articles
In Michigan v. Bryant, a dying victim lying in a parking lot provided responding officers with the identity of the man who shot him. In determining whether the subsequent use of the deceased declarant’s statement at trial violated the Confrontation Clause, the Bryant Court applied the testimonial versus nontestimonial analysis established in the Court’s previous decision, Crawford v. Washington. Holding that testimonial hearsay covered statements involving past events, while nontestimonial statements were directed at an “ongoing emergency,” the Bryant Court applied a multi-factor, totality of the circumstances analysis and found that the deceased declarant’s identification had been directed …
Gringo Alley, Steven W. Bender
Gringo Alley, Steven W. Bender
Faculty Articles
As a tribute to the late Professor Keith Aoki, this piece engages an uncompleted collaboration with Professor Aoki sketching through art and words a profoundly dystopian immigration nightmare centered in the Southwestern United States. In detailing the plot and themes of the borderlands gauntlet of "Gringo Alley," the article confronts some of the disturbing recent developments in immigration policy that approach or match the horrors imagined in fictional Gringo Alley. Finally, the article draws on science fiction influence and demographic reality to suggest a frightening future for all U.S. residents -- the prospect of economic collapse in a landscape of …
Unbound By Law: Keith Aoki As Our Avatar, Steven W. Bender, Ibrahim J. Gassama
Unbound By Law: Keith Aoki As Our Avatar, Steven W. Bender, Ibrahim J. Gassama
Faculty Articles
Introducing the memorial symposium in the Oregon Law Review for the late Professor Keith Aoki, who taught at Oregon from 1993 to 2006, we frame the contributions of invited scholars who address Keith’s impact on the law and legal academy through his prolific work on diverse areas of law — intellectual property, local government, critical geography, Asian American jurisprudence, immigration and critical Latina/o jurisprudence. Collectively, the pieces evidence a scholar armed with an unwavering commitment to critical analysis and social justice, while wielding a vast array of cultural and intellectual influences from his career as an artist. Given Keith’s legacy …
Many-To-Many Contracts, Heidi S. Bond
Many-To-Many Contracts, Heidi S. Bond
Faculty Articles
In classical contract law the concept of one-to-one negotiations is familiar: contracts where one party negotiates with the other and, eventually, terms are offered and then accepted. More modern times have made us comfortable with the notion of one-to-many contracts: contracts typically drafted by large corporations and then distributed on a take-it-or-leave-it basis to the masses. This Article discusses a third kind of contract: a many-to-many contract which may look like the standard one-to-many contract in that it is composed of nonnegotiable language. But when the arrangements between the parties are further considered we will see that the point of …
Powerful Buyers And Merger Enforcement, John B. Kirkwood
Powerful Buyers And Merger Enforcement, John B. Kirkwood
Faculty Articles
Although large buyers like Walmart and Tyson Foods occupy important positions in the American economy, antitrust law remains focused on the conduct of sellers. Moreover, when mergers of buyers have been challenged, the cases have been based on a single theory – that the merger would create a dominant buyer (or group of buyers) that would exploit small, powerless suppliers. Most powerful buyers, however, face suppliers with power of their own, and in such cases, the buyers exert “countervailing power,” which can also be anticompetitive. Yet buyer mergers that reduce competition through the exercise of countervailing power are not addressed …
Crimes Of Misery And Theories Of Punishment, John B. Mitchell
Crimes Of Misery And Theories Of Punishment, John B. Mitchell
Faculty Articles
Increasingly, one sees the homeless on the streets, alleys, and doorways of commercial, recreational, and living spaces of our cities otherwise populated by the affluent and relatively affluent. At the same time, there has been an increase in the creation and use of so-called “public order laws,” such as forbidding sitting on sidewalks, lying down on benches, and panhandling in certain tourist areas. Together with laws already on the books forbidding public intoxication, open containers of liquor in public and urinating in public, this suite of laws provide police with a means to control the day-to-day lives of the homeless …
Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto
Conducting Research With Tribal Communities: Sovereignty, Ethics, And Data-Sharing Issues, Catherine O’Neill, Anna Harding, Barbara Harper, Dave Stone, Patricia Berger, Stuart Harris, Jamie Donatuto
Faculty Articles
When conducting research with American Indian tribes, informed consent beyond conventional Institutional Review Board (IRB) review is needed because there may be potential for adverse consequences at a community or governmental level that are unrecognized by academic researchers. This paper reviews sovereignty, research ethics, and data-sharing considerations when doing community-based participatory health-related or natural resource-related research with American Indian nations and presents a model material and data-sharing agreement that meets tribal and university requirements. Only tribal nations themselves can identify potential adverse outcomes, and they can do this only if they understand the assumptions and methods of the proposed research. …