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- United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000)) (6)
- Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999)) (6)
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Articles 1 - 30 of 97
Full-Text Articles in Law
Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn
Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn
Articles
This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …
Wanted Posters, Bulletproof Vests, And The First Amendment: Distinguishing True Threats From Coercive Political Advocacy, Leigh Noffsinger
Wanted Posters, Bulletproof Vests, And The First Amendment: Distinguishing True Threats From Coercive Political Advocacy, Leigh Noffsinger
Washington Law Review
In February 1999, an Oregon jury returned a $107 million verdict for doctors who successfully argued that antiabortion activists' propaganda, in the form of posters and a web site, constituted true threats in violation of federal law. The judge rejected the activists' argument that the First Amendment protected their speech and instructed that if a reasonable person would have foreseen that the communication would be interpreted as threatening, the jury must find in favor of the plaintiffs. This Comment argues that the dichotomy of analysis under two leading U.S. Supreme Court cases has led to conflicting standards that provide insufficient …
Interest Or Principles?: The Legal Challenge To Iolta In Washington State, Jay Carlson
Interest Or Principles?: The Legal Challenge To Iolta In Washington State, Jay Carlson
Washington Law Review
Interest on Lawyer Trust Accounts (IOLTA) programs exist in all fifty states and raise significant funding for legal services for the poor. A recent series of federal court lawsuits seeks to eliminate IOLTA programs on the grounds that they violate the Fifth and First Amendments to the U.S. Constitution. Washington Legal Foundation v. Legal Foundation of Washington, currently on appeal to the Court of Appeals for the Ninth Circuit, is one such lawsuit challenging Washington State's IOLTA program. In Phillips v. Washington Legal Foundation, a similar case from Texas, the U.S. Supreme Court recently ruled that funds raised …
How Many People Does It Take To Save A Drowning Baby?: A Good Samaritan Statute In Washington State, Sungeeta Jain
How Many People Does It Take To Save A Drowning Baby?: A Good Samaritan Statute In Washington State, Sungeeta Jain
Washington Law Review
For the past three years, the Washington legislature has considered a Good Samaritan bill, nicknamed the "Joey Levick Bill," that would impose a duty to summon assistance for those known to be substantially injured. This Comment argues that the bill is minimally intrusive and should be acceptable to autonomous individuals, because it requires a bystander merely to notify the appropriate authorities is if the bystander sees someone who is substantially injured. The bill also addresses the concerns about sinister abuse of the law by criminals feigning injury, by not requiring an individual to attempt a physical rescue. In addition, the …
What Is A "Meretricious Relationship"?: An Analysis Of Cohabitant Property Rights Under Connell V. Francisco, Gavin M. Parr
What Is A "Meretricious Relationship"?: An Analysis Of Cohabitant Property Rights Under Connell V. Francisco, Gavin M. Parr
Washington Law Review
In the 1995 case Connell v. Francisco, the Supreme Court of Washington adopted an innovative and groundbreaking rule to resolve the property rights of cohabitants upon separation. After Connell, upon termination of a "meretricious relationship," a trial court must perform a just and equitable distribution of the property acquired during the relationship that would have been community property had the parties been married. In adopting this rule, the supreme court sought to resolve property rights arising out of cohabitation in a predictable and equitable manner while maintaining the distinction between marriage and cohabitation. Unfortunately, the meretricious relationship fiction the …
Malone V. Brincat: The Fiduciary Disclosure Duty Of Corporate Directors Under Delaware Law, Nicole M. Kim
Malone V. Brincat: The Fiduciary Disclosure Duty Of Corporate Directors Under Delaware Law, Nicole M. Kim
Washington Law Review
In Malone v. Brincat, the Supreme Court of Delaware significantly broadened the fiduciary disclosure duty of corporate directors under Delaware law. Malone allows shareholders to bring either a direct or a derivative action against directors for the public release of misleading financial statements reported to the Securities Exchange Commission, regardless of whether the alleged misstatements were made in connection with a request for shareholder action. The court also held that a federal preemption statute, the Securities Litigation Uniform Standards Act of 1998, did not preempt the shareholders' action in Delaware state court. This Note argues that the Supreme Court …
Unconscious Bias And Self-Critical Analysis: The Case For A Qualified Evidentiary Equal Employment Opportunity Privilege, Deana A. Pollard
Unconscious Bias And Self-Critical Analysis: The Case For A Qualified Evidentiary Equal Employment Opportunity Privilege, Deana A. Pollard
Washington Law Review
Recent breakthroughs in social psychology have resulted in the ability to measure unconscious bias scientifically. Studies indicate that prejudiced responses are largely unconscious, the result of normal cognitive processing and stereotypical associations of which the prejudiced subject may be completely unaware. The studies also indicate that a subject's awareness of the discrepancy between her conscious, egalitarian value system and her unconscious prejudice is a critical step towards the convergence of her cognitive functioning and her egalitarian viewpoints. Antidiscrimination legislation requires a showing of intent to discriminate to obtain relief in all but a small percent of circumstances. The result is …
Opting In, Outing Out, Or No Options At All: The Fight For Control Of Personal Information, Jeff Sovern
Opting In, Outing Out, Or No Options At All: The Fight For Control Of Personal Information, Jeff Sovern
Washington Law Review
Businesses routinely buy and sell personal information about consumers. Many consumers find this objectionable, but relatively few of them opt out of that trade. This Article argues that businesses have both the incentive and the ability to increase consumers' transaction costs in protecting their privacy and that some marketers do in fact inflate those costs. Faced with this and other constraints, many consumers ultimately decide not to protect their privacy. This Article proposes several ways by which consumers' transaction costs can be reduced or eliminated.
Profile, Summer 1999, Vol. 9, No. 1
Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo
Chinese Real Estate Mortgage Law, Patrick A. Randolph Jr., Lou Jianbo
Washington International Law Journal
This Article reviews the developing Chinese law pertaining to real estate mortgage loans with a focus on the questions that an American practitioner might have about the Chinese system. It identifies those areas of difference between the American and Chinese systems that might raise concerns for an American practitioner. Attention is given to issues of concern both to parties functioning as lenders and to parties functioning as borrowers or investors in mortgaged property. Although Chinese lawmakers have made major steps in recent years to provide clarity and predictability in the laws pertaining to mortgages, some of these laws have minor …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
The Dumping Of The New Carissa: An Analysis Of The Emergency Provisions Of The London Convention, Jill S. Murakami
Washington International Law Journal
The London Convention prohibits the dumping of hazardous materials into the ocean. This prohibition may, however, be suspended in emergencies. The bow of the M/V New Carissa ("New Carissa "), which contained approximately 135,000 gallons of oil, was dumped into the Pacific Ocean under the emergency provisions of the London Convention. An analysis of the dumping of the New Carissa illustrates the weaknesses of these provisions. As written, the provisions are ambiguous and open to varying interpretations. As a result, nations may use the emergency provisions as loopholes to dump substances that they would otherwise be prohibited from dumping, thereby …
Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel
Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel
Washington International Law Journal
The United Nations has decreed that access to a variety of methods of birth control is a basic human right, that prevention of pregnancy, not termination, is the goal of birth control, and that abortion is an unacceptable method of birth control. Until recently, condoms and the rhythm method were the only legal forms of contraception in Japan. The high failure rates of these methods, coupled with access to abortion on demand, made abortion the de facto primary method of birth control in Japan. The Japanese government's recent decision to end the ban on oral contraceptives will reduce the number …
Criminalizing Money Laundering As A Method And Means Of Curbing Corruption, Organized Crime, And Capital Flight In Russia, Sam Chung
Washington International Law Journal
In the wake of the post-Soviet privatization in the Russian Federation, corruption and organized crime have flourished, contributing to capital flight, economic instability, and the collapse of Russia's financial system. Over the same period, Russian legislators have worked to reform the legal system in order to facilitate their country's transition to democracy and the rule of law. In 1997, legislative efforts led to the enactment of a new criminal code that emphasizes the rights of the individual as opposed to the power of the government. More recently, several draft bills targeting money laundering activities and banking reform have been introduced …
Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo
Law And Discretion In The Contemporary Chinese Courts, Margaret Y.K. Woo
Washington International Law Journal
The last twenty years of Chinese legal reforms have been particularly interesting to scholars and activists alike. During this period, Chinese legal reforms have moved from purely substantive changes in economic laws to the realm of domestic structural reforms of the court system. Today, legal reformers are discussing the use of open trials, adversarial advocacy, and even judicial independence. This Article explores how far some of these reforms may go by considering the path of structural and procedural changes adopted by the Chinese courts in the past twenty years. It includes an analysis of the tension faced by all legal …
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
The Erorsion Of Refugee Rights In Australia: Two Proposed Amendments To The Migration Act, Andrew N. Langham
Washington International Law Journal
The Australian government has proposed two amendments to the Migration Act. The first excludes judicial review of administrative determinations in the immigration context. The second severely limits how and when detained refugees can access information regarding their rights as asylum seekers. Refugees arrive in Australia vulnerable and wholly ignorant of the legal system, and must make their claims for asylum in a politically hostile atmosphere. Current immigration laws protect the integrity of the system by making judicial review of immigration determinations possible in some cases and by giving refugees access to information on the refugee determination process. The proposed amendments …
Appellant State Of Washington's Reply Brief
Appellant State Of Washington's Reply Brief
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief
Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
Answering Brief Of Appellee Quinault Indian Nation
Answering Brief Of Appellee Quinault Indian Nation
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
What A Salmon Czar Might Hope For, William H. Rodgers Jr.
Washington Law Review
Senate Bill 5595 is denominated "Salmon Recovery Funding." It is a structural and planning law. It authorizes establishment of a Salmon Recovery Funding Board that will fix criteria and allocate funds for "salmon habitat projects" and "salmon recovery activities." The projects include habitat restoration and protection; the activities include preparation of stream corridor guidelines and programmatic permitting endeavors. The Board will work from a "habitat project list" that is to be developed by a "critical pathways methodology." This approach is defined as "a project scheduling and management process for examining interactions between habitat projects and salmonid species prioritizing habitat projects, …
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
The Take And Give Of Esa Administration: The Need For Creative Solutions In The Face Of Expanding Regulatory Proscriptions, Christine O. Gregoire, Robert K. Costello
Washington Law Review
Salmon play a significant role in the culture, economy, and ecology of Washington State. Their threatened extinctions have led to a string of listings under the federal Endangered Species Act. This Article considers our response to these listings and the relationship of that response to federal oversight. Part I discusses how the ESA will affect the actions and activities of state and local governments and the citizens they serve. Part II discusses the need for latitude on the part of the federal agencies in assessing the value of state conservation and recovery efforts. This Article concludes that the plight of …
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Truce In The Salmon War: Alternatives For The Pacific Salmon Treaty, Karol De Zwager Brown
Washington Law Review
The 1985 Pacific Salmon Treaty was heralded as an end to the ongoing international dispute between the United States and Canada over Pacific salmon fishing rights. The Treaty, however, failed to define adequately the principles and processes for allocating salmon harvests between the two countries. The parties to the Treaty have been unable to reach consensus on annual salmon harvests since 1992, fueling a growing conflict which has threatened to spill over to issues beyond the fishery dispute. This Article examines the historical context of the "salmon war," highlighting changes in international law and domestic politics that affected the formation …
Past, Present And Future Constitutional Challenges To Transferable Development Rights, Jennifer Frankel
Past, Present And Future Constitutional Challenges To Transferable Development Rights, Jennifer Frankel
Washington Law Review
Seattle's transfer of development rights (TDR) system, an innovative land use device, has so far avoided many of the problems that have plagued other TDR systems. Although the system's voluntary participation avoids a takings challenge, it is still vulnerable to attack on due process grounds. In addition, two U.S. Supreme Court cases held that conditions in land use regulations must closely mirror the harms sought to be prevented, suggesting new constitutional problems for Seattle's TDR system. This Comment describes Seattle's current TDR system and examines its vulnerability to constitutional challenges. This paper concludes that while Seattle's TDR system will probably …
Superwill To The Rescue? How Washington's Statute Falls Short Of Being A Hero In The Field Of Trust And Probate Law, Cynthia J. Artura
Superwill To The Rescue? How Washington's Statute Falls Short Of Being A Hero In The Field Of Trust And Probate Law, Cynthia J. Artura
Washington Law Review
During the 1998 session, the Washington legislature added a provision to Title 11 of the Revised Code of Washington that allows for testamentary disposition of certain nonprobate assets. Although Washington's superwill provision is a pioneer in the field of probate and trust law, it is too limited in its scope to achieve filly its stated purpose. One of the statute's stated purposes is to enhance the testator's control over the disposition of nonprobate property. However, the provision limits the definition of "nonprobate asset" to include only joint tenant bank accounts with right of survivorship and revocable living trusts. This Comment …
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
How Do You Learn From A River? Managing Uncertainty In Species Conservation Policy, John M. Volkman
Washington Law Review
As the Puget Sound region embarks on a new chapter in the story of the Endangered Species Act, experiences with fish and wildlife restoration efforts in other locations can be instructive. This Article reviews conservation efforts in the Columbia River Basin, and it explains the major role that scientific uncertainty plays in salmon conservation efforts. This discussion describes the debate between traditional fish and wildlife management, which focuses more on individual populations and mitigation technologies, and recent scientific reports, which urge more reliance on naturally functioning rivers and watersheds. The Article also describes a variety of learning tools that have …
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Salmon And The Endangered Species Act: Lessons From The Columbia Basin, Michael C. Blumm, Greg D. Corbin
Washington Law Review
Within the last decade, the Columbia Basin, once home to the world's largest salmon runs, has witnessed numerous listings of its signature natural resource under the Endangered Species Act (ESA). These listings have propelled the ESA into the forefront of land and water use decisionmaking across a vast landscape of the Pacific Northwest This Article examines the Columbia Basin salmon listings and their aftermath. Specifically, it considers the effect of the ESA's consultation requirements on hydroelectric, hatchery, harvest, and habitat decisionmaking. The Article draws several lessons from this examination, many of them surprising, including the assertion that the listings have …
Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins
Challenging Land Use Actions Under Section 1983: Washington Law After Mission Springs, Inc. V. City Of Spokane, Eric Jenkins
Washington Law Review
Federal law, 42 U.S.C. § 1983, provides a cause of action against persons who use state or local law to deprive individuals of constitutional rights. Federal circuit courts have been reluctant to apply § 1983 to commonplace land use grievances because of the local character of land use planning and a belief that only the most egregious misuse of zoning power can implicate a party's substantive due process rights. To limit the number of claims that can be brought under § 1983, the federal circuits have narrowly defined what property rights are protected by the Fourteenth Amendment and have held …
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
The Role Of Rights In Benefit Cost Methodology: The Example Of Salmon And Hydroelectric Dams, Richard O. Zerbe Jr., Linda J. Graham
Washington Law Review
Benefit cost analysis is a well-established technique for assessing the impacts of proposed actions. Accurate benefit cost analysis is essential to making informed decisions through an understanding of the trade-offs involved in alternative actions. This Article presents a methodology for improving current benefit cost techniques and hence the usefulness of benefit cost analysis to decisionmakers. The proposed methodology is based on recognition of the roles of legal rights and psychological expectations in benefit cost analysis. Proper consideration of these rights and expectations is critical to an accurate determination of how benefits and costs are measured and whose interests are included …
A Proposed Test For Applying The Doctrine Of Equivalents To Biotechnology Inventions: The Nonobviousness Test, Qing Lin
Washington Law Review
In patent law, the doctrine of equivalents allows courts to find infringement if one makes or uses a device or process without substantial change from a patented invention. A test that clearly defines the appropriate scope of patent protection is crucial to development in various industries, especially in biotechnology, an industry that requires significant long-term investment. However, the most commonly applied test for determining equivalents is vague and fails to provide practical guidance. The "all elements" limitation to the test causes additional confusion. A more appropriate test for defining the scope of patent protection would be the "nonobviousness test," a …
Appellant State Of Washington's Opening Brief
Appellant State Of Washington's Opening Brief
United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))
No abstract provided.