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Articles 1 - 6 of 6
Full-Text Articles in Law
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Seattle University Law Review
This Article proceeds in three Parts. Part II considers the historical and social context that led to the ultimate successful strategy in Brown. Although times may have changed, my ultimate argument is that contexts matters; as such, to fully understand Brown, we must understand the strategy behind it and the road that takes us from Plessy to Brown<,/em>. Part III considers the trends that led to Brown's undoing. While Brown I offers no remedy and Brown II provides that schools should be desegregated “with all deliberate speed,” one must understand the societal shifts that occurred, fundamentally changing the …
Solving The Parents Involved Paradox, Lino A. Graglia
Solving The Parents Involved Paradox, Lino A. Graglia
Seattle University Law Review
The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District No. 1 (Parents Involved) presents the seeming paradox that the Constitution can on one day require a school district to take drastic measures, including busing students across a giant school district to increase racial integration in schools, and then prohibit school districts from taking even the mildest measures, such as using race as a tie-breaker in making student assignments, on the next. How, a rational observer must wonder, can this be possible? The answer is that, as usual in the making of “constitutional law,” the Constitution …
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Seattle University Law Review
This Article argues that the Fourth Amendment protects confidential attorney-client communications from unreasonable government intrusion, including unreasonable court orders compelling production of attorney-client communications. The Article begins by focusing on the elements of a claim under the Fourth Amendment. Part II identifies the elements and subsequent sections address each element in the context of attorney-client communications. Part III considers the legitimate expectation of privacy in confidential attorney-client communications. Part IV addresses the search and seizure requirement, explores authority distinguishing between "actual" and "constructive" searches, and concludes that, in addition to searches, court-ordered production of attorney-client communications (a "constructive" search and …
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Seattle University Law Review
The full extent of what the Court decided in Grutter and Parents Involved remains in some dispute. What is far more certain is that both cases continue to stir deeply held passions that help frame public and legal debates about the Court and its role in affirmative action and school desegregation disputes. Amid these increasingly raucous debates, this Article expressly side steps the many questions (and controversies) about what the Court decided in those cases and seeks to escape from the frequently politically charged and volatile context of governmental uses of race. This Article instead focuses on how the Court …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …
"Virtual" Schools: Real Discrimination, Edward Lin
"Virtual" Schools: Real Discrimination, Edward Lin
Seattle University Law Review
Jurisdictions should protect privileged communications that are voluntarily shared between insureds and insurers. They should recognize this protection to prevent unwanted and unintended disclosure to third parties while continuing to encourage honest communication between insurance companies and their insureds. To achieve this result, jurisdictions need to adopt an approach that views the insurance company as the insured's ally, rather than adversary, even when the insured is defending a lawsuit that the insurer might later exclude from coverage. Part II of this Comment describes how and why D&O policies differ from general liability policies, which also involve litigation concerning privileged information. …