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Articles 1 - 30 of 47
Full-Text Articles in Law
Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark
Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark
Faculty Articles
To celebrate the 25th anniversary of the publication of Gary Bellow's and Bea Moulton's The Lawyering Process, this essay consists of eleven letters and postcards about how The Lawyering Process inspired the writing of the authors’ books - Pretrial Advocacy: Planning, Analysis & Strategy and Trial Advocacy: Planning, Analysis & Strategy. Alas, this correspondence is imaginary because that exchange of ideas did not take place. This method was inspired by the medieval letters of Abelard and Heloise and the modern-day fictional postcards and letters of Griffin and Sabine. Tracing the evolution of their thoughts from first reading the Bellow and …
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
(Racial) Profiles In Courage, Or Can We Be Heroes, Too?, Robert S. Chang
Faculty Articles
This article begins with the controversy over a proposed monument based on a widely disseminated photograph of three firefighters raising the American flag over the ruins of the World Trade Center. The three firefighters were White. The proposed monument would have had one White firefighter, one Black, and one Hispanic. This article argues that the controversy over the proposed monument serves as a microcosm for the larger and more important struggle over racial and gender diversity within fire departments, generally.
Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald
Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald
Faculty Articles
Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.
Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill
Risk Avoidance, Cultural Discrimination, And Environmental Justice For Indigenous Peoples, Catherine O'Neill
Faculty Articles
This article begins with the recognition that environmental justice for Native peoples requires attention to the interrelated cultural, spiritual, social, ecological, economic, and political dimensions of environmental issues. It observes, moreover, that “environmental justice requires an appreciation of each tribe’s particular historical circumstances and contemporary understandings, including each group’s aspirations for the flourishing of its culture.” It contends that some environmental decision makers and commentators have increasingly come to embrace “risk avoidance” – strategies that call upon risk-bearers to alter their practices in order to avoid the risk of environmental harms – in lieu of risk reduction – strategies that …
Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing
Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing
Faculty Articles
This article explores policy choices and model acts related to public health administration in the U.S. This article provides information of the general public or state policymakers concerning important policy choices, variation of the pre-existing legal structure in each state, and the principles of separation of powers in limiting legislature's ability to delegate legislative-type decisions.
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
“Soldiering On In Hope”: United Nations Peacekeeping In Civil Wars, Anna Roberts
Faculty Articles
This note will examine the consequences of the Security Council’s decisions to deploy under-resourced operations to civil war situations and various proposed means by which the Security Council might more effectively fulfill its responsibilities. Part II will look at a number of post-Cold War U.N. operations in civil wars—UNPROFOR in Croatia and Bosnia, United Nations Operation in Somalia I (UNOSOM I), United Nations Assistance Mission for Rwanda II (UNAMIR II), and United Nations Mission in Sierra Leone (UNAMSIL)—and show how, at least partly because of the Security Council’s failure to ensure that the operations it authorized were provided with sufficient …
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Seasons Of Resistance: Sustainable Agriculture And Food Security In Cuba, Carmen G. Gonzalez
Faculty Articles
Beginning in the mid-1990s, Cuba embarked upon a transformation of the agricultural sector that has been hailed by some observers as a model of socially equitable and ecologically sustainable agriculture. Cuba shifted from an export-oriented, chemical-intensive agricultural development strategy to one that promoted organic agriculture and encouraged production for the domestic market. This article places Cuba's agricultural reforms in historical context by examining the evolution of Cuban agriculture from the colonial period until the present through the lens of food security and ecological sustainability. The article argues that Cuba, for most of its history, was food insecure and ecologically compromised …
Evidence Teaching Wisdom: A Survey, Calvin William Sharpe
Evidence Teaching Wisdom: A Survey, Calvin William Sharpe
Seattle University Law Review
This Survey secures data on the methods American law school faculty use to teach the law of evidence. The Survey provides insight into the teaching of evidence and facilitates discourse among evidence faculty on how we teach the course, for the benefit of new or occasional instructors as well as veterans. Specifically, the Survey focuses on the question of which classroom instruction approach predominates among evidence professors.
Public Funding For Theological Training Under The Free Exercise Clause: Pragmatic Implications And Theoretical Questions Posed To The Supreme Court In Locke V. Davey, Katie Axtell
Seattle University Law Review
Part II of this Note presents the factual background and procedural history of Davey v. Locke. Part III discusses the Free Exercise Clause of the First Amendment. Section A provides a basic background on the Supreme Court's free exercise jurisprudence. Section B applies the Court's precedent to Davey, and concludes that the Ninth Circuit sidestepped a true "prohibition" analysis. Sections A, B, and C of Part IV discuss the differing neutrality examinations within free exercise, free speech, and establishment jurisprudence, respectively. Section D discusses the overlapping application of neutrality criteria in establishment and free speech funding cases. Section E concludes …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Call To Restructure Existing International Environmental Law In Light Of Africa's Renaissance: The United Nations Convention To Combat Desertification And The New Partnership For Africa's Development (Nepad), Leslie C. Clark
Seattle University Law Review
This Comment warns that recent, continent-wide economic development strategies have threatened the ability of Africa to combat desertification. Therefore, the existing desertification treaty, UNCCD, must be amended to ensure its ability to effectuate environmental protection.
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
“Forget The Alamo”: Race Courses As A Struggle Over History And Collective Memory, Robert S. Chang
Faculty Articles
This article discusses issues related to the study and teaching of race and ethnicity. Professor Chang explains the way race is taught or not taught in law schools is reflective of the historical and factual predicates we want our students to have. Faculty diversification can have an impact on the courses that are taught. Most, if not all, of the courses on critical race theory are taught by faculty-of-color. Most of the primary courses on Latinas/os and the law are taught by Latinas/os. If more related and primary courses are going to be offered by schools, then it seems that …
Syllabus: Asian Americans And The Law, Robert S. Chang
Syllabus: Asian Americans And The Law, Robert S. Chang
Faculty Articles
This is the accompanying syllabus to the essay by Professor Chang, “Teaching Asian Americans and the Law: Struggling with History, Identity, and Politics.” The article explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate …
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Teaching Asian Americans And The Law: Struggling With History, Identity, And Politics, Robert S. Chang
Faculty Articles
In this brief article, Professor Chang explores the goals and challenges in constructing a course on Asian Americans and the Law. In his course on Asian Americans and the Law, Professor Chang tries to include in the weekly reading packets history, narratives, and cases. Professor Chang includes the narratives because he has found that the students often have a difficult time relating to the history without them. After all, narratives bring life to history, making it easier for students to relate to and/or identify with the historical persons who occupy very different subject positions with regard to race, nationality, immigration …
Resisting Medicine/Remodeling Gender, Dean Spade
Resisting Medicine/Remodeling Gender, Dean Spade
Faculty Articles
In this article, Dean Spade explores the problematic role of medicine in pushing for trans rights. Spade uses a combination of personal narrative of his own interaction with the healthcare system and his experience with legal advocacy on behalf of transgender and gender nonconforming clients. He reveals how the medicalization of trans identity, by categorizing it as a mental health disorder called Gender Identity Disorder, serves to reaffirm that everyone should either be male or female. Spade further asserts this medicalization can be problematic when advocating for the legal rights of gender nonconforming individuals. For example, he points out that …
The Sojourner’S Truth And Other Stories, Robert S. Chang
The Sojourner’S Truth And Other Stories, Robert S. Chang
Faculty Articles
In this introductory essay to a cluster of articles on Migrations, Citizens, and Latinas/os, Professor Chang frames the work of Ruben Garcia, Camille Nelson, and Victor Romero as setting forth what might be described as truths that can be learned from the sojourner/immigrant. This essay argues that the sojourner/immigrant's contributions to U.S. society are often ignored or discounted, which may be due to a willful amnesia because we do not want to think about what we might owe the sojourner/immigrant with regard to her entry into the United States, her stay, and her departure.
Dedication, Hon. Barbara Jacobs Rothstein, Fredric C. Tausend
Dedication, Hon. Barbara Jacobs Rothstein, Fredric C. Tausend
Seattle University Law Review
No abstract provided.
Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant
Recent Changes To Washington's Jury Trials: A Great System Made Even Better, Jeffrey C. Grant
Seattle University Law Review
It was in this spirit that the Board of Judicial Administration created the Washington State Jury Commission in June 1999. The Commission's mandate was to "conduct a broad inquiry into the jury system and examine issues including ... juror responsiveness, citizen satisfaction from jury service, adequacy of juror reimbursement, and improving juror participation in trials." This Article sets forth a brief summary of the Commission's work and examines, in more detail, certain, specific recommendations of the Commission, including those that have been implemented and those that have not. In addition, this Article provides an update on the status of the …
Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour
Reflections On Russia's Revival Of Trial By Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures To Combat Terrorism, And Our Federal Sentencing Regime, Hon. John C. Coughenour
Seattle University Law Review
This Article begins by discussing the nineteenth-century origins of trial by jury in Russia and the changes the system endured until the October 1917 Revolution, focusing particular attention on both the progressive exclusion of political crimes from the jurisdiction of the jury and use of alternative judicial procedures for such crimes. Next, the Article outlines the fundamental principles of the inquisitorial criminal justice system, which defined and dominated Soviet jurisprudence. Part I concludes by addressing Russia's revival of trial by jury in 1993, the specific characteristics of its new jury system, the other monumental criminal justice reforms of the 1990s, …
Foreign Judgments In American And English Courts: A Comparative Analysis, Brian Richard Paige
Foreign Judgments In American And English Courts: A Comparative Analysis, Brian Richard Paige
Seattle University Law Review
Part II of this Comment provides some background on the current American scheme of foreign judgment recognition and enforcement by comparing and contrasting its three major components American common law, the Restatement (Third) of Foreign Relations Law, and the Uniform Foreign Money-Judgments Recognition Act. Part III tracks the English scheme of foreign judgment recognition and enforcement from its common law origin to its more sophisticated and streamlined foreign judgment registration system. Finally, Part IV suggests that the United States could benefit from the implementation of federal legislation that would bring foreign judgment registration procedures to American courts and provide for …
Stacking The Deck Against Suspected Terrorists: The Dwindling Procedural Limits On The Government's Power To Indefinitely Detain United States Citizens As Enemy Combatants, Nickolas A. Kacprowski
Stacking The Deck Against Suspected Terrorists: The Dwindling Procedural Limits On The Government's Power To Indefinitely Detain United States Citizens As Enemy Combatants, Nickolas A. Kacprowski
Seattle University Law Review
This Note examines Padilla v. Bush as an example of the contemporary application of enemy combatant law. This Note argues that in present and future applications of enemy combatant law, courts should treat Padilla as the preferred model of application because Padilla preserves more Constitutional protections, specifically the right to counsel in bringing a habeas petition, than do Hamdi or Quirin. The Padilla decision is preferable to Hamdi because Padilla restricts the movement of enemy combatant law away from the ex- press criminal protections of the Constitution. In contrast, Hamdi greatly accelerates such movement.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Discreet Charm Of The Mixed Jury: The Epistemology Of Jury Selection And The Perils Of Post-Modernism, Peter J. Richards
The Discreet Charm Of The Mixed Jury: The Epistemology Of Jury Selection And The Perils Of Post-Modernism, Peter J. Richards
Seattle University Law Review
The first section of this Article will introduce the dynamics of the relationship between two competing visions of impartiality as it has played out in the opinions of federal and state courts, including secondary sources. I call the two approaches "modernist" and "post- modernist" and examine the arguments that have sought to broaden the scope of the fair cross-section requirement in the name of the latter view, a perspective similar to that motivating the district judge in the Crown Heights case. Part II identifies the Supreme Court's opening gestures in the direction of the "post-modernist" model. Part III carries the …
The Insurability Of Punitive Damages In Washington: Should Insureds Who Engage In Intentional Misconduct Reap The Benefit Of Their "Bargains?", Stephanie L. Grassia
The Insurability Of Punitive Damages In Washington: Should Insureds Who Engage In Intentional Misconduct Reap The Benefit Of Their "Bargains?", Stephanie L. Grassia
Seattle University Law Review
This Note examines the issue of the insurability of punitive damages, concluding that insurance coverage should not be allowed for punitive damages arising from intentional misconduct because such coverage contravenes public policy in the state of Washington. Part I defines and provides background for punitive damages and malicious prosecution. Part II outlines and synthesizes the treatment of the insurability of punitive damages in various states. The facts of the Fluke case, including the Court of Appeals's rationale that insurance coverage for punitive damages is not against public policy in Washington, are detailed in Part III. The next section reveals the …
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller
Seattle University Law Review
This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …
Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie
Linking Low-Income Washingtonians With Health Care Financing Arrangements, Kenneth R. Wing, Michael G. Gordie
Seattle University Law Review
Following this introductory section, Part II presents a comprehensive description of the health financing arrangements available to low-income residents of Washington State, from federally funded Medicaid programs to state-subsidized insurance. The Article concludes in Part III, outlining the interrelationship between these arrangements and the political process, and suggesting that the Washington State Legislature should be aware of how policy actually affects people.
Clicks And Mortar: Taxing Multinational Business Profits In The Digital Age, Aldo Forgione
Clicks And Mortar: Taxing Multinational Business Profits In The Digital Age, Aldo Forgione
Seattle University Law Review
This Article argues that governments should abandon the treaty concept of permanent establishment and adopt international tax reforms that restore the primacy of "market country taxation of multi-national business profits promoted by domestic tax laws. Part I explores several emerging e-commerce issues that demonstrate the tension of introducing traditional tax norms to a digital environment. Part II reviews historical and recent developments in the international taxation of business profits and looks at the underlying trends and sentiments for reform of the existing system of global taxation of business income. Part III canvasses several prominent international tax reform alternatives proposed by …
A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg
A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg
Seattle University Law Review
Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …
Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn
Seattle University Law Review
Part II of this Comment explains why the DMCA was created, beginning with a brief discussion of modern copyright justifications. Part III lays out the mechanics of the notice requirement and the safe harbor protection for ISPs. Part IV focuses on inconsistencies among the courts and the enforcement dilemma posed by the DMCA. Part V proposes a different standard for the initial notice, encouraging ISPs to work cooperatively with independent copyright holders. This part includes a preview of services and software that exist and that are being developed to ease the burden of finding and managing digital content. Finally, Part …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.