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Articles 1 - 30 of 39
Full-Text Articles in Law
Prosecuting Pregnant Women: Should Washington Take The Next Step?, Amanda E. Vedrich
Prosecuting Pregnant Women: Should Washington Take The Next Step?, Amanda E. Vedrich
Seattle University Law Review
The first section of this Comment will analyze the case against Deborah Zimmerman and the court's reasons for refusing to dismiss the charges against her. The second section will examine current Washington law and why similar charges could not be brought in this state. The third section will look at the policy rationales for changing Washington law to allow charges to be filed against women for attempting to intentionally endanger the life of a viable fetus. This Comment argues that Washington law should be so amended in order to achieve these policy goals.
The Railway Labor Act Of 1926 And Modern-Day Airline Labor Strife: Progress Toward Labor Peace Begins With Overruling Williams V. Jacksonville Terminal Co., Mark A. Schuler
Seattle University Law Review
This Comment argues that Williams v. Jacksonville Terminal Co. either should be overruled, or should be appropriately limited to the fact-specific setting under which it was decided. To develop this thesis, Part II of this Comment will discuss both the history of labor unrest which drove Congress to pass the RLA and the design features of the RLA legislation which facilitate an atmosphere of cooperative bargaining through which the RLA dispute resolution system operates. Part III will discuss the first impression Williams case, wherein the Supreme Court gave an overly restrictive interpretation to the RLA, and will also discuss the …
Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy
Intention In Tension Contracts, Cases And Doctrine By Randy E. Barnett, Kellye Y. Testy
Seattle University Law Review
In discussing the choice of Barnett's casebook, this Review focuses on two central pedagogical goals, and describe how Barnett's casebook has either helped or hindered the reviewer's ability to accomplish those goals. Those goals are to actively assist students in (1) learning basic (accepted) contract doctrines and methods of analyzing contract issues; and (2) developing a critical stance toward law in general, and contract law in particular.
Introduction, Margaret Chon
Preface: Law In (Case)Books, Law (School) In Action: The Case For Casebook Reviews, Janet Ainsworth
Preface: Law In (Case)Books, Law (School) In Action: The Case For Casebook Reviews, Janet Ainsworth
Seattle University Law Review
In the aggregate, these casebook reviews demonstrate the significance of the casebook, with its strengths and weaknesses, not just in shaping the temporary experience of students and teachers in the law school classroom but more profoundly for the longer-term development of the legal profession. Because casebooks still maintain the center of gravity in legal education, they serve as the vehicle through which each succeeding generation of lawyers is socialized into patterns of thinking about law and legal practice. Ironically, any single popular casebook probably has a more direct and profound influence on the legal culture than all of the other …
A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson
A Casebook For All Seasons? Cases And Materials On Contracts, 5th Edition By E. Allan Farnsworth & William F. Young, Geoffrey R. Watson
Seattle University Law Review
By any measure, Farnsworth & Young's <em>Cases and Materials on Contracts</em> is one of the leading American casebooks on contracts, perhaps the leading casebook. Part I of this Review considers the book's merits as a tool for teaching contract doctrine. In this respect the book excels. Part II considers it as a tool for introducing students to broader perspectives on contract law. In this respect the book's success is somewhat less complete.
A Clinical Textbook?, John B. Mitchell
A Clinical Textbook?, John B. Mitchell
Seattle University Law Review
A clinical perspective (i.e., centered on practicing attorneys and clients) should be embedded throughout the law school curriculum. Do you need a clinical textbook to impart this clinical perspective? No. There are a number of other alternatives. Many professors are creating their own problems and exercises. Also, standard texts have increasingly begun to include problems and exercises which you can use. And there are companion or supplementary materials--casefiles, exercises, and even novels which professors can assign to add a lawyering perspective to a doctrinal course.
Teaching Electronically: The Chicago-Kent Experiment, Richard Warner
Teaching Electronically: The Chicago-Kent Experiment, Richard Warner
Seattle University Law Review
Certain basic goals are widely shared, relatively uncontroversial, and sufficiently important that it makes sense to ask whether computer technology can improve our ability to achieve those goals. Consider the following four goals. This Review will focus primarily on the second goal (understanding the rationales behind the rules). Of course, to improve students' abilities to achieve this goal may also improve their abilities to achieve the first goal (knowledge of black letter rules) as a knowledge of a rule is obviously a precondition of understanding its purpose. Improving students' abilities to understand the rationale behind a rule may also improve …
Protecting Child Sex-Crime Victims: How Public Opinion And Political Expediency Threaten Civil Liberties, Michelle Johnson
Protecting Child Sex-Crime Victims: How Public Opinion And Political Expediency Threaten Civil Liberties, Michelle Johnson
Seattle University Law Review
This Article looks at the enactment and subsequent nullification of a 1992 Washington law that state legislators intended to protect the privacy of child sex-crime victims. The Article uses this statute to illustrate that through the enactment of such statutes, politicians may sacrifice constitutional rights, such as freedom of the press and access to government proceedings, in order to achieve short-term political gains. Therefore, because it is somewhat less affected by elections and the political process, the judiciary is often the only branch of government responsible for protecting civil liberties. In the case of Washington's law on access to child …
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Experimental Medical Treatments: Who Should Decide Coverage?, Jody C. Collins
Seattle University Law Review
To illustrate the controversy surrounding experimental treatment provisions in general, this Comment examines the case law and resulting legislation pertaining to HDC-ABMT as a treatment for breast cancer. Part I presents background information on autologous bone marrow transplants generally, and how the treatment relates specifically to breast cancer patients. Part II presents a survey of current law regarding coverage of HDC-ABMT for breast cancer. Part III explores the merits and limits of judicial and legislative determinations of whether a particular treatment is covered under an insurance policy. Part III then concludes that while judicial and legislative intervention may be appropriate, …
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
Seattle University Law Review
The “Creasman presumption” held that, absent any evidence to the contrary, the way property was titled at the end of a cohabitational relationship was presumed to be the way the parties intended. The “exceptions” to the Creasman presumption should be the rule to ensure the flexibility required by equity in these types of cases, while keeping distinct the lines between marriage and cohabitation. To promote this thesis, Part II discusses the facts of Creasman and then dispels the myth of importance surrounding its presumption. Part III reviews the facts of In re Marriage of Lindsey, looks at whether cohabitation …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike
Learning Disabilities In The Workplace: A Guide To Ada Compliance, Hilary Greer Fike
Seattle University Law Review
This Comment is a guide for both employers and employees in successfully complying with the ADA's provisions, as they relate to persons with learning disabilities. Part II of this paper examines the types of employment discrimination that individuals with learning disabilities encounter in the application, daily work, and promotion processes. Part III provides an overview of the employment discrimination provisions of the ADA and how those provisions apply to people with learning disabilities. To illustrate how different people with learning disabilities fare in the workforce, Part IV includes narratives of two learning disabled people attempting to find equal employment and …
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Who Should Make Medical Decisions For Incompetent Adults? A Critique Of Rcw 7.70.065, Adrienne E. Quinn
Seattle University Law Review
To show why the Revised Code of Washington (RCW) 7.70.065, Washington's medical decision-making statute should be rewritten, this Comment discusses: (1) the importance of autonomy and self-determination in medical decision-making; (2) the purpose of proxy medical decision-making statutes; (3) Washington's proxy *574 decision-making statute; and, (4) current family demographics. This Comment concludes by proposing a new medical decision-making statute for Washington.
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Keynote Colloquy: Finding Justice In The Internet Dimension, Hon. Alex Kozinski
Seattle University Law Review
The Internet community—just like all other speech communities—ought to be afforded First Amendment protections. I don't see any reason why Internet speech should be treated any less favorably than other kinds of speech. But the vastly overblown claim that the communications medium somehow deserves to be put outside normal legal constraints--because it's so global, or because it's so different—is self-defeating. It substitutes generalities and sentiments for real thinking. The kind of analysis we've seen at this conference—the kind of debate we've had here—is very useful, because we're talking about the specifics of what legal constraints should be allowed. Not whether …
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
Seattle University Law Review
This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
The Internet And Its Legal Ramifications In Taiwan, George C.C. Chen
Seattle University Law Review
Part I of this Article briefly introduces the five main legal issues related to Internet use in Taiwan. Part II discusses network-related copyright issues, including the doctrine of fair use, personal and corporate use of the Internet, and one of the first court cases in Taiwan on this issue. Part III discusses issues arising from commercial activity on the Internet, including the validity of on-line contracts, the use of digital signatures for authentication, and the applicability of Taiwan's Broadcasting and Television Law, Cable Television Law, and Fair Trade Law to regulating commercial advertising on the Internet. Part IV discusses the …
Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green
Bridging The Analogy Gap: The Internet, The Printing Press And Freedom Of Speech, Jonathan Wallace, Michael Green
Seattle University Law Review
The Supreme Court will bring the highest degree of clarity to the Internet freedom of speech debate if, in ACLU v. Reno, it sets forth the operative metaphor for freedom of speech and applies the metaphor in conjunction with an appropriate analogy for the technology.Part I of this Article discusses judicial decision-making tools with an emphasis on the use of analogy and the importance of applying legal precedents in a manner which is consistent and logical. Part I also discusses the use of metaphor in judicial decisionmaking and illustrates how operative metaphors for free speech have served to provide …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
Seattle University Law Review
This Comment first provides a brief background of the development of the public duty doctrine. Part II discusses the two major types of zoning cases: those involving negligent misstatements and those involving negligent issuance of permits or inspections. The use of the public duty doctrine in both types of cases is then analyzed under relevant Washington case law. Part III argues for the abolition of the public duty doctrine and Part IV concludes.
Diogenes Wanders The Superhighway: A Proposal For Authentication Of Publicly Disseminated Documents On The Internet, Kelly Kunsch
Diogenes Wanders The Superhighway: A Proposal For Authentication Of Publicly Disseminated Documents On The Internet, Kelly Kunsch
Seattle University Law Review
On the national level, there are proposals to make the Internet the primary, and even the exclusive, means of disseminating certain government information. Concurrently, corporations and other private organizations may adopt a similar approach for their reports and other documents. Intertwined with these official and quasi-official documents are innumerable others created by individuals around the world. With so many documents, there is potential for dissemination of false, biased, and even fraudulent information. This is the source of the authentication problem.
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Seattle University Law Review
This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …
Leaving Well Enough Alone—Why The "Would Have" Standard Works Well For Determining Pretext Stops In Washington State: A Critical Analysis Of The Whren Decision, Kelly Montgomery
Leaving Well Enough Alone—Why The "Would Have" Standard Works Well For Determining Pretext Stops In Washington State: A Critical Analysis Of The Whren Decision, Kelly Montgomery
Seattle University Law Review
This Note argues that the "could have" standard makes a mockery of the probable cause protections provided by the Fourth Amendment and that the Washington courts should not adopt that standard. Instead, because Washington courts have traditionally held that Article 1, Section 7, of the Washington Constitution provides broader protection than the Fourth Amendment of the Federal Constitution, the Washington courts should continue to use the "would have" standard to determine whether a stop is pretextual under Article 1, Section 7.11. Part II of this Note briefly describes the applicable search and seizure doctrine and tracks the split in the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Who's Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine Plasencia
Who's Afraid Of Humpty Dumpty: Deconstructionist References In Judicial Opinions, Madeleine Plasencia
Seattle University Law Review
The question of why judges are concerned with justifying or defending their decisions from the followers of Derrida?, is posed in this Article both generally, as a matter of legal interpretation, and specifically, within the context of the issue(s) presented in the examined cases. By examining the concerns articulated by the judges in these cases and then referring back to the writings of Derrida, this Article describes the likely outcome if Derrida's views of (legal) interpretation are in fact applied in judicial opinion-making. In Parts II and III, this Article introduces the reader to important concepts in Derridean deconstruction. These …
Assisted Suicide: The State Versus The People, John P. Safranek, Stephen J. Safranek
Assisted Suicide: The State Versus The People, John P. Safranek, Stephen J. Safranek
Seattle University Law Review
This Article will examine the Ninth Circuit's appeal to personal dignity and autonomy to justify a constitutional right of assisted suicide in the face of pluralist opposition, that is, a law duly enacted by a majority of elected representatives in a state or by the people directly. Scrutiny of the Ninth Circuit's decision will reveal the formidable jurisprudential obstacles to basing a right to assisted suicide on dignity and autonomy, obstacles the Supreme Court refused to overcome in revoking Compassion in Dying. This examination is divided into three parts: the first analyzes attempts to justify rights on the principle …
Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden
Affirmative Action California Style—Proposition 209: The Right Message While Avoiding A Fatal Constitutional Attraction Because Of Race And Sex, L. Darnell Weeden
Seattle University Law Review
This Article will analyze the Equal Protection Clause in relation to the government's ability to classify and will discuss whether race is a prohibited classification. The author will closely critique the case of Coalition For Economic Equity v. Wilson, which challenges the constitutionality of Proposition 209 because of its political burdens on interests important to racial minorities and women. The author will argue that Proposition 209's Equal Protection standard should be illicit state action rather than political burdens. Finally, the author will critique the Wilson court's understanding of violations of the Equal Protection Clause. This understanding is rejected here …
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Seattle University Law Review
This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …
Congress's Amendment To Section 104 Of The Tax Code Will Not Clarify The Tax Treatment Of Damages And Will Lead To Arbitrary Distinctions, Sharon E. Stedman
Congress's Amendment To Section 104 Of The Tax Code Will Not Clarify The Tax Treatment Of Damages And Will Lead To Arbitrary Distinctions, Sharon E. Stedman
Seattle University Law Review
This Note examines the recent amendment of I.R.C. § 104 and argues that the amendment will not clarify the tax treatment of damages but will instead lead to inequitable results and arbitrary distinctions. Part I explores the policy justifications for the exclusion of damage awards from gross income and provides a brief overview of section 104. Next, in Part II, the article reflects upon the tax treatment of damages prior to the recent amendment. In doing so, Part II focuses on the relevant case law and revenue rulings. Turning toward the tax treatment of damages under the new amendment, Part …
Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen
Genetic Privacy In Washington State: Policy Considerations And A Model Genetic Privacy Act, Karen Ann Jensen
Seattle University Law Review
This Comment presents background information concerning genetic information and genetic testing. Section III then argues that privacy and autonomy are significant policy issues in connection with genetic information. As a result, the decision to have genetic testing performed should be an individual's choice, and genetic testing should never be compelled. Section IV argues that the failure to give genetic information special protection in the law has potentially harmful consequences. Section V surveys current efforts to protect genetic privacy, both by the federal government and states other than Washington. Section V also analyzes the current state of medical records privacy protection …