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Articles 1 - 19 of 19
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.
Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff
Insurance Anti-Rebate Statutes And Dade County Consumer Advocates V. Department Of Insurance: Can A 19th Century Idea Protect Modern Consumers?, John S. Conniff
Seattle University Law Review
In 1984, a Florida court of appeals held that the Florida statutes prohibiting insurance agents from rebating part of their commissions to customers violated the due process clause of the Florida Constitution. The court concluded that no rational relationship exists between the anti-rebate statutes and the legitimate state purpose of protecting the public. The Florida decision is noteworthy because every state prohibits insurance agents and brokers from rebating to their customers a part of the commission earned from the sale of an insurance policy. In addition, every state prohibits unfair discrimination in pricing insurance policies and prohibits agreements between agents …
Book Review: The Goldmark Case By William L. Dwyer, John N. Rupp
Book Review: The Goldmark Case By William L. Dwyer, John N. Rupp
Seattle University Law Review
The book is about a libel case tried to a jury in the Superior Court for Okanogan County, Washington. You will not find it in the law reports, for it was not appealed. It ended twenty-one years ago, so it is an old case. Yet in the author's mind it is as fresh as the dawn breeze; and, as the wine people say, it has cellared well. The author is a good man and good lawyer who was lead counsel for the plaintiff. He takes us through the background facts and through the fascinating detail of the many tough decisions …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Tribute To Fredric Tausend, Philip M. Phibbs
Tribute To Fredric Tausend, Philip M. Phibbs
Seattle University Law Review
No abstract provided.
Tribute To Fred Tausend, Thomas Holdych
Tribute To Fred Tausend, Thomas Holdych
Seattle University Law Review
No abstract provided.
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Dismantling The Exclusionary Rule: United States V. Leon And The Courts Of Washington—Should Good Faith Excuse Bad Acts?, Catherine Cruikshank
Seattle University Law Review
This Note will review briefly the history of the exclusionary rule under fourth amendment jurisprudence, with special emphasis given to the purposes the rule has traditionally been thought to serve. The significance of the Leon decision then will be examined in light of the emergence in Washington of an interpretation of article I, section 7 that diverges from the Supreme Court's interpretations of the fourth amendment. This Note will conclude by discussing how article I, section 7 continues to embody the several purposes traditionally served by the exclusionary rule.
Tribute To Fredric Tausend, Alfred J. Schweppe
Tribute To Fredric Tausend, Alfred J. Schweppe
Seattle University Law Review
No abstract provided.
Six Years Of A Deanship: A Tribute, Eugene A. Wright
Six Years Of A Deanship: A Tribute, Eugene A. Wright
Seattle University Law Review
No abstract provided.
The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill
The First Amendment, Commercial Speech, And The Advertising Lawyer, Justice Vernon R. Pearson, Michael O'Neill
Seattle University Law Review
The Supreme Court, in a few cases scattered over several decades, has implied the existence of a public right to a free flow of information as one facet of the freedom of speech; yet the Court has refrained from specifically basing a decision on any such right. But with the recent line of commercial speech decisions, the concept-of a public right to a free flow of information has become firmly established and merits detailed examination. That right, and the rationale of the Court in its commercial speech cases, may have far ranging implications. This Article explores these implications in three …
Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman
Substantive Decision-Making Under The Washington Shoreline Management Act, William H. Chapman
Seattle University Law Review
The specific purposes of this Article are twofold: first, an analysis of the SMA is set forth and then used in simple statistical comparisons to evaluate decisions rendered by local governments, superior courts, and the Shorelines Hearings Board (SHB) during the period 1974-1983; second, to present a numerical model that represents the verbal interpretation of the SMA with a simple arithmetical equation using weighted variables. These variables correspond to objectives identified in interpretations of the SMA. Decisions of the SHB and appellate courts during this period are explained in a statistical manner through use of the model. Neither computer7 nor …
Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster
Appellate Review Of Unclear State Law In The Ninth Circuit After In Re Mclinn, Daniel L. Brewster
Seattle University Law Review
In McLinn, the Ninth Circuit significantly departed from the practice of the other circuits, and from its own prior practice, when it rejected the deferential standard of review normally applied to a federal district court's interpretation of state law. This Note discusses the Ninth Circuit's decision in McLinn and examines the deferential standard employed in the other circuits and in the United States Supreme Court. The Note takes the position that McLinn was correct in rejecting the former practice of accepting a district court's interpretations of state law unless clearly wrong, but that McLinn went too far in holding …
My Greatest Benefactions, George L. Priest
My Greatest Benefactions, George L. Priest
Seattle University Law Review
No abstract provided.
Tribute For Dean Tausend, Jean Braucher
Tribute For Dean Tausend, Jean Braucher
Seattle University Law Review
No abstract provided.
Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer
Should Representation Elections Be Governed By Principles Or Expediency?, Mary Ellen Krug, Michele Gammer
Seattle University Law Review
Should the National Labor Relations Board' set aside representation elections because one or more parties has tried to influence the voting with misrepresentation of facts or law? Although the Board is responsible for ensuring fair elections, in Midland National Life Insurance Co. it embraced a rule inconsistent with this statutory responsibility, rejecting the Hollywood Ceramics Co. rule and narrowly limiting Board review of campaign misrepresentations. This Article examines the Midland standard in light of the Board's statutory duty to protect the right of employees to a free and fair choice of collective bargaining representatives. The Article reviews the historical development …
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Seattle University Law Review
A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …
The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress
The U.C.C. And Franchise Act Remedies: Coast To Coast Stores, Inc. V. Gruschus, Misty Ellen Mondress
Seattle University Law Review
Coast to Coast Stores, Inc. v. Gruschus was the first Washington case to deal with the potential conflict between the Uniform Commercial Code (U.C.C.) and the Franchise Investment Protection Act (FIPA), arising when a franchisor repossesses goods after a franchisee defaults under a security agreement. The Washington Supreme Court avoided the conflict, however, by holding that because the franchisor never terminated the franchise, the FIPA protections were not triggered. The U.C.C. remedies therefore applied: the franchisor could collect the proceeds of a liquidation sale of the secured goods-in this case the franchisee's inventory and supplies-in reduction of the franchisee's indebtedness; …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
An Observation About Comparable Worth, George Schatzki
An Observation About Comparable Worth, George Schatzki
Seattle University Law Review
The ultimate legal question is: Does Title VII incorporate the comparable worth doctrine? The courts are saying, "No." Their reasoning is, at best, unpersuasive. Indeed, often their reasoning is nothing more than mere conclusion. Given what I have described briefly as the legal arguments pro and con, one can easily understand that so long as Griggs remains a part of the Title VII scene, there is a rational but not compelling argument to incorporate comparable worth into the Act. How, then, does a court decide? The following discussion is offered not as an example of desirable or undesirable judicial analysis. …