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Articles 1 - 30 of 60
Full-Text Articles in Law
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, South Asian Bar Association Of Washington, And Washington Women Lawyers, Lorraine K. Bannai, Counsel For Amici Curiae
Brief Of Amici Curiae Fred T. Korematsu Center For Law And Equality, Asian Bar Association Of Washington, South Asian Bar Association Of Washington, And Washington Women Lawyers, Lorraine K. Bannai, Counsel For Amici Curiae
Fred T. Korematsu Center for Law and Equality
Civil Rights Amicus Brief Project
Half-Full, Half-Empty? Asian American Electoral ‘Presence’ In 2008, Robert S. Chang, Keith Aoki
Half-Full, Half-Empty? Asian American Electoral ‘Presence’ In 2008, Robert S. Chang, Keith Aoki
Faculty Articles
The article discusses the role of Asian Americans in the election of the U.S. President Barack Obama in 2008. It notes that the influence of Asian American in national politics may not significantly affect the next cycles of presidential elections in the U.S. It notes the importance of patience and optimism in envisioning and constructing Asian American electorate.
Brief Of Amici Curiae Alameda County Bar Association, Bar Association Of San Francisco, Los Angeles County Bar Association, Marin County Bar Association, Santa Clara County Bar Association, Et Al. Supporting Petitioners, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Brief Of Amici Curiae Alameda County Bar Association, Bar Association Of San Francisco, Los Angeles County Bar Association, Marin County Bar Association, Santa Clara County Bar Association, Et Al. Supporting Petitioners, Attorneys For Amicus Curiae, Fred T. Korematsu Center For Law And Equality
Fred T. Korematsu Center for Law and Equality
Strauss et al. v. Horton et al.
State Regulation Of Franchising: The Washington Experience Revisited, Douglas C. Berry, David M. Byers, Daniel J. Oates
State Regulation Of Franchising: The Washington Experience Revisited, Douglas C. Berry, David M. Byers, Daniel J. Oates
Seattle University Law Review
Thirty-six years ago, and one year after Washington became the second state in the nation to enact a statute regulating franchise relationships, Professor Donald S. Chisum wrote the seminal article on franchising in Washington, State Regulation of Franchising: The Washington Experience. Professor Chisum's article has been one of the few reference sources for Washington franchise law, and it has been the primary source relied on by courts addressing claims under Washington's Franchise Investment Protection Act (FIPA). Since Professor Chisum originally published his article, the Federal Trade Commission (FTC) has promulgated and amended regulations governing the sale of franchises nationally, …
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau
Catholic Social Teaching And Global Migration: Bridging The Paradox Of Universal Human Rights And Territorial Self-Determination, Vincent D. Rougeau
Seattle University Law Review
In this essay, I will consider how law, religion, and democratic pluralism revolve around a particular issue: global migration. My essay is organized around three major themes. First, I explore the ways in which Catholic social teaching addresses human dignity, the plight of the poor, and the promotion of global justice. I argue that this theme provides an important bridge between secular and religious conceptions of human rights. Second, I argue that pluralism, particularly that which results from religious diversity and multi-ethnic, diasporic identities, is now a fundamental part of political and cultural life in the wealthy democracies of Europe …
Voice, Self, And Persona In Legal Writing, Chris Rideout
Voice, Self, And Persona In Legal Writing, Chris Rideout
Faculty Articles
From the author's view, sorting out the complexity of voice—and discussing voice in legal prose—requires a rethinking of who the writer is in legal discourse and, importantly, how that writer is represented in legal prose. It becomes a question not of self expression, but of self-representation and persona. This article will first look at discussions of voice in writing—beginning with what we might mean by voice, then with discussion of personal voice, and then of professional voice. The article then offers another model for looking at voice — a discoursal model — and use that model to reconstruct the idea …
The Path To Profitability: Reinvigorating The Neglected Phase Of Merger Analysis, Jack Kirkwood
The Path To Profitability: Reinvigorating The Neglected Phase Of Merger Analysis, Jack Kirkwood
Faculty Articles
This article reviews every litigated federal merger case since 1992, when the federal enforcement agencies revised the entry section of their merger guidelines. This review, unprecedented in the literature, shows that courts continue to neglect the entry phase of merger analysis, the phase that addresses whether, if the merged firm raised prices, new firms would enter the market and restore competition. In determining whether new entry is likely, most courts do not ask whether it would be profitable, but whether the market is protected by entry barriers. This “yes or no” approach is flawed, for all markets have some barriers …
Documenting Gender, Dean Spade
Documenting Gender, Dean Spade
Faculty Articles
This article analyzes gender reclassification policies, which determine when an administrative agency will record a change to an individual's gender marker. It’s analysis takes place in three policy contexts: placement in gender-segregated facilities, changing gender marker on IDs, state provision of healthcare that prohibit gender discrimination on the record for those seeking care. It looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification. The article also asks whether the assumed usefulness of gender for identity tracking in the variety of state programs reviewed is well-founded, and it …
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Seattle University Law Review
Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.
During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich
During And In Relation To: How The Ninth Circuit Rewrote A Statute In The Case Of The Millennium Bomber, Peter A. Talevich
Seattle University Law Review
This Note analyzes the facts of the Ressam case and the legal analysis applied to it by both the Ninth Circuit and the Supreme Court. Part II discusses the intriguing history of the Ressam case. Part III examines the Ninth Circuit's reasoning in Ressam and shows why the Supreme Court was correct in reversing the improperly decided case. Part IV discusses the possible scope of the explosives statute under each interpretation--without or with a relational element. Finally, Part V concludes by commenting on the future of the explosives statute in light of the Supreme Court's decision, as well as the …
Volume Index, Seattle University Law Review
Volume Index, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson
Faculty Articles
Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings as Constitutional Facts raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of …
International Judicial Affairs, Robert Alsdorf
International Judicial Affairs, Robert Alsdorf
Faculty Articles
The article reports on training programs launched by several countries for their judges. It is reported that the International Judicial Affairs (IJA) Committee was established in the U.S. in the year 2007 to develop opportunities for judges to work with fellow judges in other jurisdictions in mutually beneficial ways. Sierra Leone, as reported, has also carried out reforms in their legal system through their Justice Sector Reform Programme (JSRP).
Calling Your Bluff: How Prosecutors And Defense Attorneys Adapt Pleas Bargaining Strategies To Increased Formalization, Deirdre Bowen
Calling Your Bluff: How Prosecutors And Defense Attorneys Adapt Pleas Bargaining Strategies To Increased Formalization, Deirdre Bowen
Faculty Articles
This ethnographic work examines the inner workings of a highly formalized plea bargaining unit in a large urban prosecutor's office from the lawyers' point of view. Observations of forty-two plea negotiations between prosecutors and defense attorneys along with both formal and informal interviews reveal how the legal actors adapt to institutional rules in the pursuit of both efficiency and justice. In the face of ever increasing prosecutorial power, defense attorneys find ways to equalize the balance when cases do not fit the "normal crimes" model. Examination of negotiating strategy and discourse give further insight into whether prosecutors and defense attorneys …
Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman
Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman
Faculty Articles
Access to the justice system, which is broadly defined in the article as the opportunity to resolve the merits of a legal claim, is declining. One source of this decline is the Civil Rules. This article examines how the institutional failings of the civil rulemaking process have allowed for the production of rules that diminish access. Rule 1 of the Federal Rules of Civil Procedure provides that the Civil Rules should facilitate the "just, speedy, and inexpensive resolution" of legal claims. While the Civil Rules Committee considers this timeworn mandate when drafting the rules, there is no agreement about how …
The Classic Rule Of Faith And Credit, David Engdahl
The Classic Rule Of Faith And Credit, David Engdahl
Faculty Articles
Since the late nineteenth century, orthodox doctrine under the Constitution's Full Faith and Credit Clause has presumed that the interpretation of that Clause set forth in Justice Joseph Story's 1833 Commentaries on the Constitution of the United States was essentially sound. This article argues, however, that Justice Story's view had been endorsed by almost no one before him and actually contradicted the "classic rule" of faith and credit, which Justice Story had articulated in 1813. The Supreme Court, moreover, consistently reiterated the "classic rule" despite Justice Story's change of mind, continuing to do so even after his death. By the …
Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan
Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan
Faculty Articles
This article examines the literature about our newest generation of law students, the Millennials, and offers suggestions to help externship faculty work with supervisors and students to avoid potential problems that may arise from generational differences. After reviewing the literature, the article discusses both positive and negative Millennial generation traits and explains how identified generational problems might arise in externship field placements. The article then offers suggestions from psychologists, managerial literature, and the author's experience to help externship directors and faculty work with field supervisors and students to avoid or resolve issues. The article concludes that members of the Millennial …
Trans Law Reform Strategies, Co-Optation, And The Potential For Transformative Change, Dean Spade
Trans Law Reform Strategies, Co-Optation, And The Potential For Transformative Change, Dean Spade
Faculty Articles
This paper considers two critiques of how law and rights struggles co-opt social movements and applies them to the example of the emergent law reforms in the area of transgender rights. First, it considers the limitations of the discrimination principle. Second, it looks at the emergent critique of "nonprofitization." Examining how the focus on formal legal equality and the growth of non-profit formations that centralize the concerns and experiences of white and upper class people have impacted gay and lesbian rights work, the paper suggests that these avenues present dangers to creating meaningful transformation of conditions facing trans population, including …
Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Proposed Expansion Of The Panama Canal, Carmen Gonzalez
Environmental Impact Assessment In Post-Colonial Societies: Reflections On The Proposed Expansion Of The Panama Canal, Carmen Gonzalez
Faculty Articles
Post-colonial societies endowed with abundant natural resources often under-perform economically when these resources are exploited as economic enclaves lacking significant linkages to other sectors of the economy. The Panama Canal, a symbol of Panamanian identity and a reminder of Panama's lengthy colonial history, has historically functioned as an economic enclave akin to the mineral extraction and industrial agriculture enclaves prevalent throughout the developing world. Based on a case study of the contentious decision to expand the Panama Canal, this article examines the ways in which the colonial legacy distorts the development planning process, and discusses strategies that might be deployed …
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Seattle University Law Review
This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …
Can The Accommodationist Achieve Pluralism?, Lisa Shaw Roy
Can The Accommodationist Achieve Pluralism?, Lisa Shaw Roy
Seattle University Law Review
This paper is based on my brief remarks on a panel dedicated to “reimagining the relationship between religion and law” and focuses on the U.S. Supreme Court's church and state jurisprudence. In particular, I ask whether an approach to the Establishment Clause known as accommodation is consonant with the larger concept of pluralism, particularly in the context of public religious symbols and displays, and offer some proposals and tentative conclusions. I propose two alternatives, signs and disclaimers, and tentatively conclude that the use of either might relieve the perceived tension between accommodation and pluralism.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Asymmetric World Jurisprudence, Caprice L. Roberts
Asymmetric World Jurisprudence, Caprice L. Roberts
Seattle University Law Review
This article argues that the Supreme Court should reconsider its prudential justiciability doctrines and their underlying assumptions. As a global theory, this Article offers a judicial dynamism model. It then articulates the relevance of the political question doctrine and the need to view the doctrine as prudential rather than constitutional. First, I discuss the Supreme Court's increased use of judicial minimalism and the political question doctrine to avoid important cases and reduce its docket. Second, I describe my model, in which the court takes a dynamic approach to such issues, dependent upon the political climate, to maintain its appropriate stature …
Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys
Property 101: Is Property A Thing Or A Bundle?, Eric R. Claeys
Seattle University Law Review
This Review Essay has two aims. My more immediate aim is to assess where Merrill and Smith's contribution fits in the market for first-year Property casebooks. In short, Property: Principles and Policies represents an important advance in property pedagogy. By focusing thematically on exclusion's efficiency, Merrill and Smith have captured many important features of property overlooked by other casebooks. My longer-range aim is to advance the reclamation project Merrill and Smith have begun, by clarifying further the work that exclusivity does in property law. Property: Principles and Policies brings contemporary scholarship a long way toward appreciating the virtues of exclusivity, …
Putting Children Last: How Washington Has Failed To Protect The Dependent Child's Best Interest In Visitation, Jennifer K. Smith
Putting Children Last: How Washington Has Failed To Protect The Dependent Child's Best Interest In Visitation, Jennifer K. Smith
Seattle University Law Review
This Comment proposes three amendments to the Washington Visitation Statute that would ensure juvenile courts properly focus on the long-term best interests of children and reduce children's exposure to abuse in the visitation setting. To analyze the existing tension between the rights of parents and the rights of children, Part II of this Comment traces the development of family rights and state intervention under Roman, constitutional, and Washington law. In particular, this Part focuses on the origins of parental rights, the parens patriae right of states, and the rights of children. Part III addresses the dependency process in Washington by …
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Protecting Cultural Property Through Provenance, Christopher D. Cutting
Seattle University Law Review
This Comment recommends that Congress take action to bring consistency to the treatment of cultural property in two ways. First, ownership disputes should be settled based on the quality of provenance between competing claimants, a system similar to land title registration. Provenance is the history of a piece of cultural property that shows where it came from and where it has been. Second, to ensure provenance is a complete guide to title all cultural objects, both illegally exported and stolen cultural property should receive the same treatment. Part II of this Comment discusses the history of cultural property regulation. Next, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
A Missed Opportunity: How Pakootas V. Teck Cominco Metals, Ltd. Could Have Clarified The Extraterritoriality Doctrine, Jennifer S. Addis
A Missed Opportunity: How Pakootas V. Teck Cominco Metals, Ltd. Could Have Clarified The Extraterritoriality Doctrine, Jennifer S. Addis
Seattle University Law Review
Part II of this Note relays the facts surrounding Pakootas v. Teck Cominco, Ltd.,gives a brief history of CERCLA and its liability requirements, and then summarizes the reasoning of both the district court and the Ninth Circuit. Part II also includes an overview of the presumption against extraterritoriality and the possible means of rebutting it. Part III addresses the question of whether the application of CERCLA in Pakootas was in fact extraterritorial and discusses some of the flaws in the Ninth Circuit's reasoning. After concluding that this was an extraterritorial application of CERCLA, this Part III then examines the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.