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Articles 1 - 29 of 29
Full-Text Articles in Law
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Twist And Shout And Truth Will Out: An Argument For The Adoption Of A "Safety-Valve" Exception To The Washington Hearsay Rule, George R. Nock
Seattle University Law Review
This Article will focus on two decisions of the Washington Supreme Court illustrating the unfortunate expansion of certain hearsay exceptions in order to accommodate truth, show that the expansion could have been avoided had Washington adopted a "general" exception comparable to that found in the Federal Rules of Evidence, and propose the adoption of an exception shorn of the defects of the rejected federal version.
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler
Seattle University Law Review
This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …
Memorial To Professor Andrew Walkover, Seattle University Law Review
Memorial To Professor Andrew Walkover, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Seattle University Law Review
This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …
Back To The Future: Use Of Percentage Fee Arrangements In Common Fund Litigation, Bennet A. Mcconaughy
Back To The Future: Use Of Percentage Fee Arrangements In Common Fund Litigation, Bennet A. Mcconaughy
Seattle University Law Review
The premise of this Article is that common fund litigation will be most efficiently and beneficially prosecuted if attorney fees are awarded under a methodology that makes parallel the interests of counsel in the fee award and of the class in the recovery. The Article examines the historical uses of the percentage fee, the development of and problems with, hourly based methods of computing fees, and the renewed trend toward the use of percentage fee awards. It concludes that, unlike hourly based methodologies, percentage fee arrangements align the interests of counsel with the interests of both the class and the …
An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell
An Economic Analysis Of Liability For Aids-Contaminated Blood Products, George Ferrell
Seattle University Law Review
The purpose of this Comment is to develop an economic analysis of possible blood products liability rules in order to determine what the effects of such rules are on blood users and providers. To the extent that current liability rules fail to promote an efficient allocation of risks and resources, this Comment will propose changes designed to correct such deficiencies.
Cumulative Index, Seattle University Law Review
Cumulative Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Constitutionality Of The Solicitation Or Control Of Third-Country Funds For Foreign Policy Purposes By United States Officials Without Congressional Approval, George Van Cleve
The Constitutionality Of The Solicitation Or Control Of Third-Country Funds For Foreign Policy Purposes By United States Officials Without Congressional Approval, George Van Cleve
Faculty Articles
This transcription of a speech covers the personal views of Professor Van Cleve regarding constitutionality of solicitation or control of third-country funds for foreign policy purposes. Specifically, he discusses the constitutional issue of the Iran-Contra affair, in which the Reagan administration decided to seek funding for the Contras from third countries.
Tribute To Andrew Walkover, John Mitchell
Tribute To Andrew Walkover, John Mitchell
Faculty Articles
Tribute to Professor Andrew Walkover 1949-1988.
Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia For The Next Century, David Skover
Reconstituting 'Original Intent:' A Constitutional Law Encyclopedia For The Next Century, David Skover
Faculty Articles
In this article Professor Skover reviews the Encyclopedia of the American Constitution. The Encyclopedia describes, in a fairly balanced and accurate manner, the contemporary understanding of the American constitutional heritage. The Encyclopedia exhibits the important functions that an encyclopedic work may serve in the legal culture of the twenty-first century. This review essay explores this thought. Part I describes the Encyclopedia's organizational structure, the interdisciplinary nature of its commentaries, and the divergent characters of its contributors. Part II considers the potential for its use and explores its role as the record of "original intent" for this century's constitutional "founders."
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Seattle University Law Review
In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute antagonists." …
Recovery Of Pure Economic Loss In Product Liability Actions: An Economic Comparison Of Three Legal Rules, Heidi A. Irvin, Mark S. Carlson
Recovery Of Pure Economic Loss In Product Liability Actions: An Economic Comparison Of Three Legal Rules, Heidi A. Irvin, Mark S. Carlson
Seattle University Law Review
This Comment argues that in the allocation of pure economic loss caused by product failure, the negligence rule is generally more efficient than a strict liability rule and that a contract rule is almost always more efficient than a negligence rule. Part II presents a general discussion of the attributes of an economically efficient remedy. In Part III, three legal rules used to allocate pure economic loss are scrutinized under the standards set forth in Part II.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Seattle University Law Review
This Comment will discuss the effect of applying Washington's felony-murder statute where assault is the underlying felony. The case law interpreting section 9A.32.050(1)(b) of the Revised Code of Washington [hereinafter section (1)(b)] and the legislative intent behind that statute will be discussed, as will the effects of allowing assault to support a section (1)(b) charge. The thesis of this Comment is that interpretation of Washington's criminal code as a whole leads to the conclusion that the legislature never intended assault to be capable of supporting a section (1)(b) charge. It is recommended that the Washington Supreme Court reconsider its position …
Monopsony And Backward Integration: Section 2 Violations In The Buyer's Market, Susan E. Foster, C.P.A.
Monopsony And Backward Integration: Section 2 Violations In The Buyer's Market, Susan E. Foster, C.P.A.
Seattle University Law Review
This Comment will focus on the application of section 2 of the Sherman Antitrust Act to actions in the buyer's market. After briefly reviewing general antitrust law, this Comment will explore the status of antitrust claims in the buyer's market under both section 1 and section 2. The necessary elements of a section 2 monopsony claim will then be reviewed with particular emphasis on the types of buyer activities that might support a seller's claim under this section. As will be shown, the anticompetitive effect of these activities provides the major distinction between actions in the buyer's and seller's market. …
Survey Of Washington Search And Seizure Law: 1988 Update, Justice Robert F. Utter
Survey Of Washington Search And Seizure Law: 1988 Update, Justice Robert F. Utter
Seattle University Law Review
This is a revision of the original Search and Seizure Survey published in The University of Puget Sound Law Review volume 9, number 1 (Fall 1985). This Survey, as did the first Survey, summarizes the predominant treatment of search and seizure issues under the fourth amendment and under article I, section 7 to the extent that this state provision is interpreted differently from the federal. The Survey focuses primarily on substantive search and seizure law in the criminal context; it omits discussion of many procedural issues such as retroactivity.
Tribute To Andrew Walkover, James E. Bond
Tribute To Andrew Walkover, James E. Bond
Faculty Articles
In a tribute to Andrew Walkover, Dean James Bond revisits the first meeting he had with Professor Walkover. Dean Bond’s impression of Professor Walkover, with whom he worked for six months, was that he had a marvelous sense of humor, a shrewd insight into other people's motivations, and a detached sense of compassion. He delighted in personalities and politics, and his colleagues delighted in him.
Memorial To Professor Andrew Walkover, Paula Lustbader
Memorial To Professor Andrew Walkover, Paula Lustbader
Faculty Articles
Tribute to Professor Andrew Walkover 1949-1988.
Tribute To Andrew Walkover, Christopher Rideout
Tribute To Andrew Walkover, Christopher Rideout
Faculty Articles
Tribute to Professor Andrew Walkover 1949-1988.
The Future Of Liberal Legal Scholarship, David Skover, Ronald Collins
The Future Of Liberal Legal Scholarship, David Skover, Ronald Collins
Faculty Articles
Earl Warren is dead. A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed. The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." The author’s present their views as a commentary to emphasize their preliminary character; they represent thier current assessment of where liberals stand and where they might redirect their energies. In Part I, they outline the reasons for believing that there …
Direct Broadcast Satellite: A Proposal For A Global/Regional System, Bryan Adamson, James Hsuing
Direct Broadcast Satellite: A Proposal For A Global/Regional System, Bryan Adamson, James Hsuing
Faculty Articles
The purpose of this article is to discuss the possibility of establishing a global/regional direct broadcast satellite (DBS) system. Albeit, in the past, there have been a number of initiatives aimed at forging a unified global DBS system, such initiatives have not been successful. The most significant barriers (political, rather than technical in nature) existing in the international negotiating arenas were spillover, equal access, privacy, national sovereignty, the free flow of information, prior consent, and cultural invasion. Although not all of these issues have been fully resolved, the time has come again for seriously considering the implementation of an international …
Automatic Consumer Protection Recovery Act For Lack Of Informed Consent: Quimby V. Fine, Dr. Carroll Rusk, Jr.
Automatic Consumer Protection Recovery Act For Lack Of Informed Consent: Quimby V. Fine, Dr. Carroll Rusk, Jr.
Seattle University Law Review
This Note will demonstrate the need to refine the entrepreneurial aspects test as it applies to medical professionals and suggest a rationale for identifying those lack-of-informed-consent actions to which the Consumer Protection Act rightfully applies. Specifically, this Note seeks to: 1) demonstrate that satisfaction of the statutory elements of a lack-of-informed-consent claim necessarily satisfies the five prongs of the Hangman private dispute test; 2) show that the additional requirement that the lack of informed consent "relate to the entrepreneurial aspects of the medical practice" has not been definitively interpreted, and that it may be unintelligible in context; 3) identify the …
Book Review: Zechariah Chafee, Jr., Defender Of Liberty And Law By Donald L. Smith, Lynne Wilson
Book Review: Zechariah Chafee, Jr., Defender Of Liberty And Law By Donald L. Smith, Lynne Wilson
Seattle University Law Review
This review's purpose is to fill the void in Professor Smith's book by proposing that the central problem with Chafee's free speech ideas, and perhaps one problem with the "clear and present danger" test itself, lies in Chafee's reliance on common law and equity balancing concepts, rather than political theory.
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph
Seattle University Law Review
The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability …
A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman
A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman
Seattle University Law Review
This Comment addresses the questions that the nonsettling defendant's attorney must answer. Section I sets out the function of reasonableness hearings in light of the policies the hearings are intended to further-avoiding collusion between settling defendants and plaintiffs and equitably apportioning the financial burden among tortfeasors. Section II examines the form of reasonableness hearings, including what evidence should be presented, what standards must be met, and the need for reviewable findings and conclusions. Section III analyzes, in terms of constitutional due process, the notice required by the statute. Section IV considers what remedy should follow a finding that a settlement …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
Seattle University Law Review
This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.
The Psychiatrist's Dilemma: Protect The Public Or Safeguard Individual Liberty?, Fay Anne Freedman
The Psychiatrist's Dilemma: Protect The Public Or Safeguard Individual Liberty?, Fay Anne Freedman
Seattle University Law Review
Part I of this Article traces the development and expansion of tort rules governing psychiatric liability and the mental health field. Part II briefly examines the concept of involuntary civil commitment, generally, and in Washington. Part III presents a factual overview and analysis of Petersen v. State, followed by a criticism of the court's decision and legislative response.