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Articles 1 - 7 of 7
Full-Text Articles in Law
Family Law's Coldest War: The Battle For Frozen Embryos And The Need For A Statutory White Flag, Mary Joy Dingler
Family Law's Coldest War: The Battle For Frozen Embryos And The Need For A Statutory White Flag, Mary Joy Dingler
Seattle University Law Review
Without concrete legislative guidance, courts are left to a variety of unsatisfactory methods of determining the disposition of frozen embryos in dissolutions and custody disputes. Beginning in 1992, courts have been issuing problematic rulings that are reached through the application of three approaches: (1) the balancing-interests test; (2) the contemporaneous mutual consent approach; and (3) the contractual approach. These approaches are examined in this Comment through the lens of selected cases and the largely inequitable outcomes for parties are critiqued. Courts even lament the lack of statutory guidance in deciding these disputes but are resigned to employing these largely flawed, …
Even President Obama Makes Mistakes: Why Expansion Of The Cascade–Siskiyou National Monument Was Improper, Leila Javanshir
Even President Obama Makes Mistakes: Why Expansion Of The Cascade–Siskiyou National Monument Was Improper, Leila Javanshir
Seattle University Law Review
In 2000, President Clinton created the Cascade–Siskiyou National Monument to protect the Klamath and Siskiyou ecoregions that are home to a variety of rare and endemic plant and animal species. Later, on January 12, 2017, President Obama expanded the Cascade–Siskiyou National Monument, but timber industry representatives and Oregon counties have challenged this expansion because approximately forty thousand of the additional acres were previously reserved for permanent forest production under the Oregon and California Lands Act of 1937. This Note discusses the creation and expansion of this Monument, elaborating on its history and the purposes behind it, and sets forth the …
Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo
Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo
Markus Gunneflo
No abstract provided.
Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange
Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange
College of Law Faculty Publications
I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get them written satisfactorily. I could tell the student was frustrated and I could also tell that, for the moment, at least, I was the target of that frustration. Essentially, the student was telling me that he had changed things in accordance with my comments, but I still was not happy. Having been teaching for fifteen years, the frustration …
Originalism And Structural Argument, Thomas B. Colby
Originalism And Structural Argument, Thomas B. Colby
Northwestern University Law Review
The “new originalism” is all about the text of the Constitution. Originalists insist that the whole point of originalism is to respect and follow the original meaning of the text, and that originalism derives its legitimacy from its unwavering focus on the text alone as the sole basis of higher law. And yet, many leading Supreme Court decisions in matters of great importance to conservatives—in opinions authored and joined by originalist judges, and often praised by originalist scholars—are seemingly not grounded in the constitutional text at all. They rest instead on abstract structural argument: on freestanding principles of federalism and …
The Limits Of Legal Evolution: Knowledge And Normativity In Theories Of Legal Change, Liam Mchugh-Russell
The Limits Of Legal Evolution: Knowledge And Normativity In Theories Of Legal Change, Liam Mchugh-Russell
PhD Dissertations
Over the last forty years, legal theory and policy advice have come to draw heavily from an ‘evolutionary’ jurisprudence that explains legal transformation by drawing inspiration from the theoretical successes of Darwinian natural selection. This project seeks to enrich and critique this tradition using an analytical perspective that emphasizes the material consequences of concepts and ideas. Existing theories of legal evolution depend on a positivist epistemology that strictly distinguishes the objects of social life — interests, institutions, systems — from knowledge about those objects. My dissertation explores how knowledge, and especially non-legal expertise, acts as an independent site and locus …
No More Chances For Lost Chances: A Weinribian Response To Weinrib, Nayha Acharya
No More Chances For Lost Chances: A Weinribian Response To Weinrib, Nayha Acharya
Articles, Book Chapters, & Popular Press
Sometimes, patients who were negligently misdiagnosed by their doctors are unable to receive any compensation through tort litigation. This has led to a perception of unfairness, igniting arguments in favour of what is known as the “loss of chance” doctrine. Under this doctrine, patients would be able to claim damages for the lost chances of recovery that they suffered due to negligent misdiagnoses. British and Canadian courts have rejected this doctrine in the medical negligence context on the basis that it does not cohere with tort law principles of injury compensation. Professor Ernest Weinrib, in “Causal Uncertainty” (2016) 36:1 Oxford …