Law Commons^™

Hipaa Hypocrisy And The Case For Enforcing Federal Privacy Standards Under State Law, Daniel J. Oates

Seattle University Law Review

Part II of this Comment summarizes the background of the HIPAA statute as an attempted solution to the privacy problem described above, including its legislative history and HHS promulgation of administrative rules. Next, Part III addresses the agency-imposed limitations on the scope of the statute. The Secretary's decision to rely solely on an administrative complaint process, combined with the government's narrow interpretation of the statute granting third parties immunity from penalties, has undermined enforcement of the privacy provision. Accordingly, Part IV discusses previous attempts to circumvent the administrative limitations by creating a private right of action and the reasons these …

Beyond Chevron'S Domain: Agency Interpretations Of Statutory Procedural Provisions, Melissa M. Berry

Seattle University Law Review

Part II of the Article outlines the procedures required by the APA for agency adjudications. Part III discusses the three primary approaches that courts have followed to determine what triggers formal adjudicatory procedures and introduces the Chevron doctrine. Part IV examines how courts review agency interpretations of statutory provisions under Chevron and its progeny and explores two issues on the fringes of Chevron's domain-interpretations of agency jurisdiction and judicial review provisions-and the concerns that they raise. Next, using lessons from these analogous issues, Part V analyzes similar concerns about congressional intent, institutional competency, agency self-interest, and fairness in the …

Racially Restrictive Covenants In The State Of Washington: A Primer For Practitioners, Rajeev Majumdar

Seattle University Law Review

Part II of this Comment will begin by examining the history of racially restrictive covenants, specifically the nature of covenants and the role of the federal government in both spreading and hindering the usage of such covenants. Part III will discuss the legal underpinnings of what makes such covenants unenforceable in Washington, and the best processes an attorney can use to remove them. Part IV will discuss a recent case that has significantly altered the collateral consequences of attempting to destroy racially restrictive covenants upon other associated covenants. As a result, those seeking to retain the benefits of other covenants …

Rescuing The Rescued: Stemming The Tide Of Foreclosure Rescue Scams In Washington, Zachary E. Davies

Seattle University Law Review

While foreclosure rescue scam (FRS) victims have many remedies under existing statutes, remedies are inadequate because they fail to holistically address the FRS problem. A successful statutory approach to combating the spread of this insidious scam must rest on three legs: education, enforcement, and litigation. First, homeowners facing foreclosure need timely warnings regarding the existence and prevalence of the FRS before the onslaught of FRSA solicitations begins. Next, in addition to education,homeowners need effective enforcement of the statutes that are supposed to protect them. Finally, homeowners wronged by FRSAs need to be able to seek civil relief that both adequately …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Restorative Justice: An Empirically Grounded Movement Facing Many Opportunities And Pitfalls, Mark S. Umbreit, Betty Vos, Robert B. Coates, Elizabeth Lightfoot

Cardozo Journal of Conflict Resolution

This article provides an overview of the restorative justice movement in the twenty-first century. In Section II we offer a summary of the movement's distinguishing characteristics, its history and development, and what it looks like in practice. Section III is focused on restorative justice dialogue, the most widely practiced and extensively researched modality of the restorative justice movement. We present a review of current restorative justice dialogue research and an examination of public policy support for such dialogue across the United States. In Section IV we turn to continuing issues, including pitfalls, opportunities, and questions for the future.

The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel

Cardozo Journal of Conflict Resolution

In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …

Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis

Cardozo Journal of Conflict Resolution

This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …

News Media As Mediators, Carol Pauli

Cardozo Journal of Conflict Resolution

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.

Restorative Justice And The Pre-Conditions For Grace: Taking Victim's Needs Seriously, Ellen Waldman

Cardozo Journal of Conflict Resolution

This essay surveys the question of victim need from a different vantage point. It takes as its starting point the voices of actual victims as recorded by researchers in the field. It reports on three studies and the linkage they uncover between victim distress and attitudes toward justice and reconciliation. What they reveal belies a simple notion of victim need and suggests that restorativists should move warily as they seek to reshape the criminal justice system into more harmony-producing forms. Victim-offender encounters, truth-telling, and moves toward apology and reconciliation are appealing in the abstract; but data suggests that victims whose …

Strike Three - You're Out! Revamping The New York State Taylor Law In Response To Three Transport Workers' Strikes, Erin Audra Russ

Cardozo Journal of Conflict Resolution

For almost three days in late December 2005, millions of New York City commuters braved frigid temperatures as they trekked to work. Armed with their iPods and winter coats appropriate for an arctic expedition, the public walked, rode their bikes, and scooted on Segways to get where they needed to go. Some New Yorkers even did the unthinkable-they shared cabs and cars with complete strangers. These commuters did not abandon their usual overcrowded, rickety bus or subway to enjoy a very blistery winter wonderland just days before Christmas. They changed their routine because they had no choice: The Transit Workers …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 9 (2007-08), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

The Religion Clauses And The “Really New” Federalism, Martin H. Belsky

Akron Law Faculty Publications

It had been a principle of contemporary constitutional law that once a provision of the Bill of Rights was “fully” incorporated, such as with the First Amendment, it established a constitutional minimum. A state could provide, either by constitutional or statutory provision, additional protections to its citizens, so long as this did not create a conflict with other federal law. Another principle, until recently, was that the federal government had the ability by legislation to provide additional or enhanced rights to Americans, and that these rights applied uniformly to residents of all states.

The application of these two principles?at least …

Deposit Account Financing Under Revised Article 9, Willa E. Gibson

Akron Law Faculty Publications

No abstract provided.

The Devil In The Details: On Intelligent Design, Racial Conspiracy Theories, And The Theology Of Whiteness, Brant T. Lee

Akron Law Faculty Publications

It is a central problem in the great American conversation about race to explain persistent racial inequality. The dominant narrative tells us that, historically, racial inequality was caused directly and simply, by explicit and intentional racial discrimination based on unreasoning race hatred. The paradigmatic examples are slavery and segregation; the icon is Bull Connor. Together, the Civil War and the civil rights movement comprise America's delivery from this original sin. In law, this redemption is reflected in the Emancipation Proclamation and in the fulfillment of the Civil War-era constitutional amendments [FN6] through Brown v. Board of Education and the antidiscrimination …

Design Patents: An Alternative When The Low Standards Of Copyright Are Too High?, Ryan G. Vacca

Akron Law Faculty Publications

The standard for copyright protection is notoriously low the work must be independently created by the author and possess a minimal degree of creativity. Even with this low standard, blank forms, and other forms which do not convey information, are categorically denied copyright protection. In contrast, the standard for design patent protection is much more burdensome. Design patents protect news, original, ornamental, and non-obvious designs. Even though there is a higher standard, the Patent and Trademark Office has issued design patents for blank forms.

This article explores the blank forms doctrine in copyright law, articulated in Baker v. Selden. Later …

Economic Theory And The Road To Sustainable Development, Charles Pouncy

Intercultural Human Rights Law Review

Remarks by Charles Pouncy, Florida International University College of Law Associate Professor, entitled "Economic Theory and the Road to Sustainable Development".

Nunavut: The Road To Indigenous Sovereignty, Paul Okalik

Intercultural Human Rights Law Review

Remarks by The Honorable Paul Okalik, Premier of Nunavut entitled "Nunavut: The Road to Indigenous Sovereignty".

Economic Development: A Real-Life Assessment, Keller George

Intercultural Human Rights Law Review

Remarks by The Honorable Keller George, President of the United South & Eastern Tribes and Chairman of the Oneida Nation Gaming Commission, entitled "Economic Development: A Real-Life Assessment".

Regional Human Rights Courts And Internal Armed Conflicts, Michele D'Avolio

Intercultural Human Rights Law Review

This article explores the role of regional human rights courts in internal armed conflicts and asks the question: How have regional human rights courts contributed to the development of and interplay between, international humanitarian and international human rights law in internal armed conflicts? In order to address this question, I have first set forth a brief discussion of the laws of war ("LOW") as they pertain to internal armed conflict. This discussion will establish the framework for a discussion of the interplay between International Humanitarian Law ("IHL") and International Human Rights ("IHR") and, more specifically, why issues of convergence arise …

The New North Dakota Slayer Statute: Does It Cause A Criminal Forfeiture?, Bradley Myers

North Dakota Law Review

No abstract provided.

United States V. Lara - Federal Powers Couched In Terms Of Sovereignty And A Relaxation Of Prior Restraints, David P. Weber

North Dakota Law Review

No abstract provided.

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

American Moral Rights And Fixing The Dastar Gap, Justin Hughes

Articles

When the United States acceded to the Berne Convention in 1988, Congress concluded that a compendium of causes of action under American law, including Lanham Act claims, provided the moral rights protections mandated by Berne Article 6bis. This claim of patchwork protection of moral rights has always been widely criticized, but became more dubious in the wake of the Supreme Court's 2003 decision in Dastar v. Twentieth Century Fox. In Dastar, the Court held that vis-a-vis works in the public domain there is no Lanham section 43(a) obligation to credit the original creator or copyright owner as the origin of …

Reflections On Teaching Equity And Trusts, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Professor Tan Sook Yee taught me Equity and Trusts when I was an undergraduate. I still vividly remember those lectures and tutorials which she conducted with such passion, intellect and wit. Her lectures P on the constructive trust, tracing, knowing receipt and knowing assistance were simply quite inspiring; it was fascinating to see Professor Tan analyse the often conflicting cases and cut through the fog of confusion and distil the essential principles and controversies in these areas of law. My continuing interest in the subject can largely be attributed to her and I thought that it would be apt for …

Of Frivolous Litigation And Runaway Juries: A View From The Bench, Thomas A. Eaton

Scholarly Works

The political case for tort reform is based in large measure on the perception that there are too many frivolous law suits and too many excessive jury awards. Where there is considerable empirical evidence casting doubt on both these propositions, they remain the linchpins of the tort reform movement. Scholars, lobbyists, and legislators all have had a voice in the tort reform debates. The viewpoints of trial judges, however, have been largely absent. This is unfortunate because trial judges are the government officials with the closest view of the tort litigation system. They are the ones who see tort litigation …

Congressional Authority Over Intellectual Property Policy After Eldred V. Ashcroft: Deference, Empty Limitations, And Risks To The Public Domain, David E. Shipley

Scholarly Works

The United States Supreme Court upheld the Copyright Term Extension Act of 1998 (CTEA) in Eldred v. Ashcroft. The Court ruled that Congress had not exceeded its authority under the Copyright Clause by extending the copyright term twenty years and applying this extension retroactively to existing copyrighted works that otherwise would have entered the public domain at the end of their current, nonextended terms. The majority found a rational basis for CTEA and showed great deference to the authority of Congress to set policy that, in its judgment, effectuates the aims of the Copyright Clause. Although this deference to …

Patent Ships Sail An Antitrust Sea, Joseph S. Miller

Scholarly Works

This brief essay arises from my participation in an April 2006 conference at Seattle University Law School, entitled At the Intersection of Antitrust and Intellectual Property Law: Looking Both Ways to Avoid a Collision. This intersection metaphor is a common one for describing antitrust law's relationship with intellectual property law, among both courts and commentators. This essay explores a different metaphor: patent ships sail an antitrust sea, protecting those aboard from competition's harshest dangers - but only for a time. The nautical metaphor evokes three ideas that the crossroads metaphor does not. First, vigorous competition is the pervasive, baseline reality; …

The "Order-Of-Battle" In Constitutional Litigation, Michael Wells

Scholarly Works

This article examines and defends a procedural rule that figures prominently in constitutional tort litigation, has drawn sharp criticism from the federal judiciary, and seems to have lost the support of at least four sitting Supreme Court Justices. In order to recover damages, plaintiffs must not only prove a constitutional violation but also fend off assertions of official immunity. In ruling on motions to dismiss the complaint and motions for summary judgment, a preliminary question is the sequence in which the two issues should be addressed-a problem the Justices call the "order-of-battle." Morse v. Frederick, the "Bong Hits Jesus" case, …