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Articles 1 - 23 of 23
Full-Text Articles in Law
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger
A Comparative Study Of British Barristers And American Legal Practice And Education, Marilyn Berger
Faculty Articles
The conduct of a trial in England is undeniably an impressive undertaking. Costume alone transports the viewer to Elizabethan times. Counsel and judges, bewigged and gowned, appear in a cloistered, regal setting, strewn with leather-bound books. Brightly colored ribbons of red, green, yellow and white, rather than metal clips and staples fasten the legal papers. After comparison with the volatile atmosphere and often unruly conduct of a trial in a United States courtroom it is natural to assume that the British model of courtroom advocacy provides an instructive model for its American counterpart.
Gentrification And The Law: Combatting Urban Displacement, Henry Mcgee, Donald C. Bryant Jr.
Gentrification And The Law: Combatting Urban Displacement, Henry Mcgee, Donald C. Bryant Jr.
Faculty Articles
This article stresses a "push" perspective in its examination of how these legally structured forces have stimulated the return of the gentry to the central urban areas of the United States.
The Dimensions Of A Journalist's Shield—First Amendment Protection For The Constitutionality Of News Sources Against Requests For Court-Ordered Disclosure In Civil Cases, Frank Van Dusen
Seattle University Law Review
This comment suggests a test in civil cases that enables a court to determine if there is a first amendment interest in protecting a source’s confidentiality. If a journalist can demonstrate this interest, then the burden shifts to the litigant seeking disclosure. This comments suggests three criteria through which the litigant must persuade the court that the state’s interest outweighs the first amendment interest. The test suggested by this comment should increase protection for the first amendment interest by decreasing the number of disclosure orders issued and by giving journalists and their confidential sources a basis for predicting in advance …
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Manifestation: The Least Defensible Insurance Coverage Theory For Asbestos-Related Disease Suits, Pamela J. Layton
Seattle University Law Review
This Note first explains the nature of asbestos diseases, the standard insurance policy language, and the theories of insurance coverage. It then demonstrates the misapplications of medical evidence and contract interpretation principles in Eagle-Picher Industries Inc. v. Liberty Mutual Insurance Company, and concludes with a discussion of the wider implications of the decision and the better theory suggested by Judge Wald. Because the facts and issues involved in Insurance Company of North America v. Forty-Eight Insulations, Keene Corp. v. Insurance Company of North America, and Eagle-Picher are essentially the same, the conclusions drawn from Eagle-Picher apply equally …
Potential Legal Facilitation Or Impediment Of Wind Energy Conversion System Siting, Richard L. Settle
Potential Legal Facilitation Or Impediment Of Wind Energy Conversion System Siting, Richard L. Settle
Faculty Articles
The use of wind to produce energy has ancient roots. Prior to World War II over six million small windmills had been in operation in the United States. Then, during the post-war industrial boom, wind generation of energy was largely abandoned in favor of cheaper, more convenient fossil fuels. In recent years, the rapidly escalating price of imported oil and consequent search for alternative domestic energy sources has generated renewed interest in the utilization of wind energy. Most recently, perhaps most importantly, Congress has mandated that renewable energy sources be given first priority in planning the future of the Pacific …
The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing
The Impact Of Reagan-Era Politics On The Federal Medicaid Program, Ken Wing
Faculty Articles
The political future may be difficult to predict with specificity, but surely the level of publicly-sponsored medical care for the poor will be severely reduced in the coming years, leaving millions of poor Americans to rely on the charitable capacity of the nation's health care providers-or simply to go without. What follows is an attempt to support this characterization of Medicaid and its political future. Section I of this article is a description of Medicaid, its structure prior to 1981, and the legal and political history of its development and implementation. In addition to providing the basis for understanding the …
Glass V. Stahl Specialty Company: Reconciling Third Party's Contribution Rights With Employer's Immunity Under Workers' Compensation, Karin Nyrop
Seattle University Law Review
This note argues that the correct resolution of the tension between the employer’s immunity and the third party’s right of contribution requires balancing the interests of all parties. The employer has an interest in retaining the workers’ compensation law’s exclusive no-fault recovery system; the third party tortfeasor seeks to avoid shouldering the entire liability of another at-fault tortfeasor capable of contribution. At the same time, the employee has a right to full and speedy compensation, and the state has an interest in maintaining the financial stability of its accident fund. This note explores the policies and legal arguments supporting the …
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Seattle University Law Review
This article examines the scientific basis of hypnosis and concludes that previously hypnotized witnesses are incompetent to testify concerning matters discussed under hypnosis. Unbiased examination of scientific literature discloses that persons under hypnosis are highly motivated to please the hypnotist and therefore are likely to fantasize rather than accurately recall lost memories. After hypnosis these false impressions are fixed as true and the witness is unshakable on cross-examination. Therefore, the McCormick relevancy test is inadequate, and hypnosis tainted testimony, like other scientific evidence, must meet the stricter Frye standard before being presented to the finder of fact. Hypnosis presently does …
Everybody's Doing It—But Who Should Be? Standing To Make A Disqualification Motion Based On An Attorney's Representation Of A Client With Interests Adverse To Those Of A Former Client, Andra Barmash Greene
Everybody's Doing It—But Who Should Be? Standing To Make A Disqualification Motion Based On An Attorney's Representation Of A Client With Interests Adverse To Those Of A Former Client, Andra Barmash Greene
Seattle University Law Review
This article examines the issue of standing for disqualification motions based on an attorney’s representation of a client with interest adverse to those of a former client of the attorney. The article focuses on the appropriateness of granting standing to nonclients to make disqualification motions, particularly when the former client has not objected to the attorney’s alleged conflict of interest. First, the article examines the Model Code of Professional Responsibility provisions implicated when an attorney is charged with a conflict of interest between present and former clients to discern what rights the Code wanted to safeguard. Second, this article considers …
The Case For Liberalizing The Use Of Deadly Force In Self-Defense, John Q. La Fond
The Case For Liberalizing The Use Of Deadly Force In Self-Defense, John Q. La Fond
Seattle University Law Review
This article sets forth the primary theories which might underlie the right of self-defense: necessity, duress, and personal autonomy. The article then examines the common law and the law of Washington governing the use of force in self-defense and demonstrates that both are grounded primarily in the utilitarian theory of necessity, which has as its primary objective the minimization of social loss even at the cost of harm to individual innocent victims. The article then analyzes the inadequate manner in which Washington courts are resolving difficult cases involving the use of deadly force in self-defense. Finally, the article argues that …
Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton
Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton
Seattle University Law Review
This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.
Successor Liability In Washington: When A Successor Should Be Liable For A Predecessor's Products Liability—Meisel V. M & N Modern Hydraulic Press Company, Robert C. Manlowe
Successor Liability In Washington: When A Successor Should Be Liable For A Predecessor's Products Liability—Meisel V. M & N Modern Hydraulic Press Company, Robert C. Manlowe
Seattle University Law Review
This note examines the problem of products liability in the context of modern corporate practice. First, this note addresses products liability doctrine and its underlying rationale. Next, the note focuses on the conflict between the policies underlying the products liability doctrine and the traditional successor liability rules. Finally, this note examines the manner in which the modern rule resolves this inherent conflict and Meisel’s effect on that rule, concluding that the Washington courts should adopt the modern rule without limitations.
Book Review: Backyard Wilderness, John C. Bjorkman
Book Review: Backyard Wilderness, John C. Bjorkman
Seattle University Law Review
This book review examines David Knibb's Backyard Wilderness.
Memorial For Thomas G. Neville, Seattle University Law Review
Memorial For Thomas G. Neville, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Errata, Seattle University Law Review
Errata, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil
Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil
Seattle University Law Review
The weakness of the Broad Special Fund Doctrine becomes evident when viewed in light of its application to an enormous debt such as construction of a multi-billion dollar power plant. Furthermore, the doctrine is directly at odds with the purposes underlying constitutional and statutory debt limitations. This Article presents a brief history of debt limitation provisions. Next, it discusses the history of the Special Fund Doctrine and sets forth criticisms of the Broad Special Fund Doctrine. The Article concludes by recommending a concept for a Narrow Special Fund Doctrine and applies it to the construction of two nuclear power plants …
Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis
Does The Agency Die When The Principal Becomes Mentally Incapacitated?, W. Alfred Mukatis
Seattle University Law Review
This Article explores the status of an agency when a competent principal enters into an agency relationship and thereafter becomes mentally incapacitated. On the one hand, does the status of the agency depend on factors relating to the principal such as type, length, or permanence of the incapacity? For instance, is the status of the agency the same when a principal lapses into a coma as it is when a conscious principal is incapacitated because of a mental disease such as schizophrenia? If in a coma, how does the length of the coma affect the status of the agency? Is …
Foundations For Military Intervention In The United States, David E. Engdahl
Foundations For Military Intervention In The United States, David E. Engdahl
Seattle University Law Review
Notwithstanding the statements from the judiciary, within little more than a decade the executive branch of the United States government consolidated the old, and added several new, foundations for military intervention in the United States. It would be idle for a legal scholar to speculate whether any edifice of oppression is likely to be built upon these foundations, whether soon or later in time. A sufficient task for the legal scholar is to disclose that the foundations, although faulty, indeed are there; to explain how those foundations came to be laid; and, to show that they have no footing on …
Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney
Sex Stereotyping And Statistics—Equality In An Insurance Context, Cheryl Bleakney
Seattle University Law Review
This Comment first outlines a few basic insurance concepts and distinguishes employer-provided plans from individually purchased policies. It then examines discrimination criteria and City of Los Angeles, Department of Water and Power v. Manhart's application of Title VII and applies those principles to Supreme Court cases. The Comment also suggests that FIPA be revised to extend its gender-neutral requirements only to employer provided group plans.
Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner
Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner
Seattle University Law Review
The Rowley Court had the opportunity to reverse state erosions of the EHA. Unfortunately, the Court ratified and encouraged such attacks. The Court's educational benefit standard demands as little as Washington's "suitable education" standard. The Rowley Court suggested a way to sidestep the IEP process which is similar to Washington's avoidance method. Finally, the Court eliminated judicial review of state administrative decisions regarding educational standards and the educational programs of handicapped children. The Rowley Court justified this elimination by claiming that parental ardor and participation in the IEP process were sufficient remaining safeguards for handicapped children. However, effective exclusion of …
A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran
A Free Press: The Forgotten Issue In Home Placement V. Providence Journal, Robert J. Curran
Seattle University Law Review
This Note demonstrates that the court's decision in Home Placement did infringe upon protected first amendment activity. Since free speech and free press guarantees were threatened by the government's action, the court should have balanced the competing interests and held in favor of Home Placement only upon a showing of a compelling state interest. After examining the interests of the advertiser, the reader, the government, and the newspaper, this Note concludes that the newspaper's right to control its message and to make editorial decisions free from the threat of governmental interference overbalance the antitrust claim made in this case. A …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.