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Articles 11401 - 11430 of 12795
Full-Text Articles in Law
The Irs Tea Party Controversy And Administrative Discretion, Lily Kahng
The Irs Tea Party Controversy And Administrative Discretion, Lily Kahng
Faculty Articles
The IRS Tea Party controversy erupted when the Treasury Inspector General issued a report finding that IRS employees in the Cincinnati office had targeted certain organizations’ applications for tax exempt status for heightened scrutiny, in particular singling out groups with “Tea Party” or “Patriot” in their names. A media firestorm ensued, with fevered speculation about a hidden political agenda extending all the way to the White House. A complete picture of the controversy has yet to emerge, but as of the writing of this Essay, it appears that the worst suspicions about political bias are unfounded. Nonetheless, the IRS has …
A Twice-Told Tale: Plausibility And Narrative Coherence In Judicial Storytelling, Chris Rideout
A Twice-Told Tale: Plausibility And Narrative Coherence In Judicial Storytelling, Chris Rideout
Faculty Articles
What makes the stories told in court believable, and thus convincing? Part of the answer, this article suggests, lies in narrative coherence. Stories “make sense” and are plausible, not because they necessarily correspond in a direct way to “what really happened,” but rather because they seem structurally whole, consistent, and complete. They have achieved narrative coherence. After considering the role of narrative coherence in the plausibility of narratives, the article presents a typology for narrative coherence, breaking it down into external and internal coherence, with further component parts to each one. The article then turns to the Supreme Court case …
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
We Have A Dream: Integrating Skills Courses And Public Interest Work In The First Year Of Law School (And Beyond), Sara Rankin, Lisa Brodoff, Mary Bowman
Faculty Articles
The clinical and legal writing faculty at the Seattle University School of Law are experimenting with collaborative teaching projects that bring real clients and real legal problems into the first year curriculum. These “integrated skills projects” engage first year students with legal writing faculty, clinical faculty, and public interest work. These projects provide first year students with exceptional training in practical skills, generate remarkable student satisfaction, and re-ignite student passion for the practice of law. This essay (1) introduces a “continuum” of integrated legal skills projects, featuring applied examples of activities that range from discrete to more ambitious; (2) surveys …
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Casual Ostracism: Jury Exclusion On The Basis Of Criminal Convictions, Anna Roberts
Faculty Articles
Statutes in forty-eight states permit the exclusion of those with felony convictions from criminal juries; thirteen states permit the exclusion of those with misdemeanor convictions. The reasons given for these exclusions, which include the assumption that those with convictions are embittered against the state, do not justify their costs. Procedural justice theories indicate that embitterment of those with criminal convictions need not – and should not – be assumed. Rather, policymakers should do what they can to avoid such embitterment. This article therefore proposes that automatic statutory exclusions on the basis of criminal convictions should be abandoned. If a juror …
Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon
Slow Logo: Brand Citizenship In Global Value Networks, Margaret Chon
Faculty Articles
This article makes a case for a theoretical departure from dominant approaches to trademark law. It explains and then connects information capitalism to new governance through the heuristic of brand citizenship. Through these suggested analytical lenses, it examines a case study of ‘Big Fashion,’ which has become a highly concentrated industry focused almost solely on maximizing shareholder profit without regard to consumer, environment, or labor impact. It then concludes with some suggestions regarding the functions of brand citizenship in increasingly globalized markets where downward pressure on prices translates into greater global public “bads” often imposed upon the most vulnerable. For …
Full Disclosure: Cognitive Bias, Informants, And Search Warrant Scrutiny, Mary Bowman
Full Disclosure: Cognitive Bias, Informants, And Search Warrant Scrutiny, Mary Bowman
Faculty Articles
This article posits that cognitive biases play a significant role in the gap between the rhetoric regarding Fourth Amendment protection and actual practices regarding search warrant scrutiny, particularly for search warrants based on informants’ tips. Specifically, this article examines the ways in which implicit bias, tunnel vision, priming, and hindsight bias can affect search warrants. These biases can affect each stage of the search warrant process, including targeting decisions, the drafting process, the magistrate’s decision whether to grant the warrant, and post-search review by trial and appellate courts. These biases create room for informant falsehoods to go unchecked, with a …
Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno
Can Law Schools Prepare Students To Be Practice Ready?, Sara Rankin, Susanna K. Ripken, R. Michael Cassidy, James E. Moliterno
Faculty Articles
The transcription of 2013 Chapman Law Review Symposium: “The Future of Law, Business, and Legal Education: How to Prepare Students to Meet Corporate Needs”. Professor Rankin, along with James E. Moliterno, R. Michael Cassidy, and Susan B. Myers, answer the first panel question, "Can law schools prepare to students to be practice ready?" Professor Rankin discusses the importance of innovations in legal education, and explains how she is actually changing the first year to focus on real-client and real-world experiences. She explains the innovations taking place at Seattle University in her first year lawyering skills classes, where her first-year students …
Under The Cover Of Gay Rights, Dean Spade
Under The Cover Of Gay Rights, Dean Spade
Faculty Articles
The article presents a U.S. Supreme Court case Perry v. Brown wherein the status of marriage is considered as unique and same sex couples are denied of marriage but granted the same rights and responsibilities as married one. It mentions the views of Stephen Reinhardt, a circuit judge on the United States Court of Appeals for the Ninth Circuit, that a granting rights and responsibilities is not sufficient substitute and mystique of marriage is the central issue related LGBT people.
Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade
Review Of Colin Dayan’S The Law Is A White Dog: How Legal Rituals Make And Unmake Persons, Dean Spade
Faculty Articles
Professor Dean Spade reviews Colin Dayan’s The Law Is a White Dog: How Legal Rituals Make and Unmake Persons.
The Invention Of Asian Americans, Robert S. Chang
The Invention Of Asian Americans, Robert S. Chang
Faculty Articles
The essay begins by examining amicus briefs submitted in Fisher v. Texas by Asian American organizations in support of and in opposition to affirmative action. What does it mean when groups that purportedly protect, advance, and represent the interests of Asian Americans invoke the historical treatment of Asian Americans and present facts about Asian Americans but end up advocating for opposite outcomes? This Essay starts with the competing Asian American perspectives and assertions of authority expressed in these briefs to explore the theme of a Symposium at the UC Irvine School of Law, provocatively entitled, Reigniting Community: Strengthening the APA …
Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett
Embracing The Queen Of Hearts: Deference To Retroactive Tax Rules, James Puckett
Faculty Articles
The Supreme Court's decision in Mayo Foundation for Medical Education and Research v. United States underscored the importance of a uniform approach to judicial review of administrative action; accordingly, the Court clarified that tax administration is generally subject to the same review as other kinds of administrative action by other federal agencies. Tax guidance from the IRS and Treasury Department serves an important role in clarifying the tax law so that taxpayers may report their tax liability accurately and plan their affairs. Meanwhile, aggressive attempts by a relatively small number of taxpayers to avoid tax liability by exploiting arguable ambiguities …
The Essence Of Antitrust: Protecting Consumers And Small Suppliers From Anticompetitive Conduct, John B. Kirkwood
The Essence Of Antitrust: Protecting Consumers And Small Suppliers From Anticompetitive Conduct, John B. Kirkwood
Faculty Articles
The goals of antitrust law continue to be debated because there is no single goal that is unambiguously correct. There is one goal, however, that now commands wider support than any other: protecting consumers and small suppliers from anticompetitive conduct – conduct that creates market power, transfers wealth from consumers or small suppliers, and fails to provide them with compensating benefits. This goal is the predominant objective in the legislative histories, it is broadly supported by the American people, it is easier to administer than total welfare, and it is now espoused by the majority of courts. Proponents of total …
"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong
"So Closely Intertwined": Labor Interests And Racial Solidarity, Charlotte Garden, Nancy Leong
Faculty Articles
Conventional wisdom states that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups’ interests as fundamentally opposed and their relationship as rightfully fraught with tension. Like much conventional wisdom, the narrative that unions and people of color are rivals is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests; this work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions improve the lives of both members and non-members of …
Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Lily Kahng, Mary Louise Fellows
Costly Mistakes: Undertaxed Business Owners And Overtaxed Workers, Lily Kahng, Mary Louise Fellows
Faculty Articles
This Article advocates fundamental changes in the federal income tax base by systematically challenging conventional understandings of consumption and investment. As signaled by its title, "Costly Mistakes," this Article's thesis has to do with the disparate treatment of expenditures incurred by business owners and workers. Where the current tax law treats a business owner's expenditure as investment, the Article sometimes finds consumption and questions why the law should allow the expenditure to be deducted. Where the tax law treats a worker's expenditure as consumption, the Article sometimes finds investment and questions why the law does not allow at least a …
Transforming Domestic Violence Representation, Jane Stoever
Transforming Domestic Violence Representation, Jane Stoever
Faculty Articles
The dominant theories used in the law to explain domestic violence, namely, the Power and Control Wheel and the Cycle of Violence, provide only limited insight into intimate partner abuse. Both theories focus exclusively on the abusive partner' wrongful actions, consistent with recent decades' concentration on criminalization, but fail to educate about the survivor's needs and efforts to end violence. The Stages of Change Model, conversely, reveals that domestic abuse survivors seek an end to relationship violence through a five-stage cyclical sequence and identifies the survivor's needs and actions at each stage. This critical information should inform the representation of …
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman
Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh Rathod, Deborah Weissman
Faculty Articles
Since the 1960s, the United States government has paid increasing attention to the rights of language minorities and to the need for greater civic and political integration of these groups. With the passage of the Civil Rights Act of 1964, the issuance of Executive Orders, and intervention by the federal judiciary, progress has been made in the realm of language access. State and local courts have likewise taken steps (albeit imperfectly) to provide interpretation and translation assistance to Limited English Proficient persons. Most recently, responding to both lack of services and inconsistent practices, the American Bar Association has set out …
Postscript To A Deanship, Annette E. Clark
Postscript To A Deanship, Annette E. Clark
Faculty Articles
The author reflects on her experiences as the dean of the Saint Louis University School of Law and tries to discern lessons that might be useful to other deans.
Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud
Cheaper Than A Slave: Indentured Labor, Colonialism And Capitalism, Tayyab Mahmud
Faculty Articles
The construct of free wage-labor, envisaged as consensual sale of labor-power by an autonomous and unencumbered individual in a market of juridical equals governed strictly by economic laws of supply and demand, is the bedrock of the purportedly universal category of labor under capitalism. However, this conceptual ensemble is an instance, yet again, of a particular masquerading as the universal – Europe’s autobiography passing for world history. It also underscores the divergence between mythologies and historical operations of capitalism. This article takes up the deployment of indentured labor from colonial India in plantation colonies across the globe for over a …
Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens
Drug Panics In The Twenty-First Century: Ecstasy, Prescription Drugs, And The Reframing Of The War On Drugs, Deborah Ahrens
Faculty Articles
The Supreme Court has failed to clarify this important procedural exception to the clear error standard. More than this, the Court has failed to explain why it refuses to apply independent judgment to all constitutional facts. The results of the differential treatment of these two legal concepts are: 1) Rule 52, and the Supreme Court’s approach to its constitutional fact exception is another type of denial of structural due process, preventing the legal norming of intentional discrimination jurisprudence; 2) institutional interests of doctrinal coherence and decisional accuracy are minimized in favor of reducing direct costs to the judicial system; 3) …
Derrick Bell: Oregon Trailblazer, Steve Bender
Derrick Bell: Oregon Trailblazer, Steve Bender
Faculty Articles
Tribute to Professor Derrick Bell
Derrick A. Bell, Jr.: Serving Two Masters Elegantly, Margaret Chon
Derrick A. Bell, Jr.: Serving Two Masters Elegantly, Margaret Chon
Faculty Articles
Tribute to Professor Derrick Bell
Bell Labs: Derrick Bell’S Inspirational Pedagogy, Charlotte Garden
Bell Labs: Derrick Bell’S Inspirational Pedagogy, Charlotte Garden
Faculty Articles
Tribute to Professor Derrick Bell
Derrick Bell: Ethical Ambition And Law Teaching, Natasha Martin
Derrick Bell: Ethical Ambition And Law Teaching, Natasha Martin
Faculty Articles
Tribute to Professor Derrick Bell
A Tribute To Derrick Bell, Henry W. Mcgee
A Tribute To Derrick Bell, Henry W. Mcgee
Faculty Articles
Tribute to Professor Derrick Bell
What Changed When The Gay Adoption Ban Was Lifted?: Perspectives Of Lesbian And Gay Parents In Florida, Julie Shapiro, Abbie E. Goldberg, April M. Moyer, Elizabeth R. Weber
What Changed When The Gay Adoption Ban Was Lifted?: Perspectives Of Lesbian And Gay Parents In Florida, Julie Shapiro, Abbie E. Goldberg, April M. Moyer, Elizabeth R. Weber
Faculty Articles
This exploratory, qualitative study examined the perspectives of 22 lesbian and gay parents (15 female and seven male) who were residents of Florida while the state’s gay adoption ban was in effect and who had adopted or were in the process of adopting a child. Participants were interviewed about their experiences before and after the lifting of the gay adoption ban, which occurred in 2010. Participants described numerous negative consequences of the ban, including the inability to adopt foster children and the legal invisibility of one partner’s parental status (e.g.,among lesbian couples who had become parents via donor insemination). Parents …
Inspection And Seizure Of Seizure Of "Armed And Equipped" Somali Pirates: Lessons From The British And American Anti-Slavery Squadrons (1808-1860), John I. Winn
Seattle University Law Review Online
No abstract provided.
Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon
Nineteenth-Century Women's Rights Advocates On Abortion, Linda Gordon
Seattle University Law Review Online
No abstract provided.
Autonomous Vehicle Liability—Application Of Common Carrier Liability, Dylan Levalley
Autonomous Vehicle Liability—Application Of Common Carrier Liability, Dylan Levalley
Seattle University Law Review Online
No abstract provided.
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Supra Synopses, Ryan W. Dumm, Laura Turczanski
Seattle University Law Review Online
No abstract provided.
The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol
The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol
GW Law Faculty Publications & Other Works
This essay is the introduction to the recently published book, The Long, Lingering Shadow: Slavery, Race , and Law in the American Hemisphere (University of Georgia Press, 2013). Students of American history know of the law’s critical role in developing a system of racial hierarchy in the United States. The Long, Lingering Shadow shows that this history is best appreciated in a comparative perspective. The volume looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. It takes the reader on a journey that begins with the origins of New World slavery in …