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Full-Text Articles in Law
When A Tent Is Your Castle: Constitutional Protection Against Unreasonable Searches Of Makeshift Dwellings Of Unhoused Persons, Evanie Parr
Seattle University Law Review
This Note will argue that all jurisdictions should follow the Washington State Court of Appeals, Division II in validating makeshift dwellings used by people experiencing homelessness as spaces protected from unwarranted police intrusions by shifting evaluations of “reasonable expectations of privacy” to a more equitable standard that appreciates the realities of economic disparity. This approach to constitutional protections against unreasonable searches and seizures is imperative to protect the rights of people experiencing homelessness, given that such individuals are regularly subjected to invasions of privacy and heightened exposure to the criminal justice system.
Racially Restrictive Covenants In The State Of Washington: A Primer For Practitioners, Rajeev Majumdar
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 …
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
First Comes Love, Then Comes Marriage? Applying Washington's Community Property Marriage Statutes To Cohabitational Relationships, Jennifer L. King
Seattle University Law Review
The “Creasman presumption” held that, absent any evidence to the contrary, the way property was titled at the end of a cohabitational relationship was presumed to be the way the parties intended. The “exceptions” to the Creasman presumption should be the rule to ensure the flexibility required by equity in these types of cases, while keeping distinct the lines between marriage and cohabitation. To promote this thesis, Part II discusses the facts of Creasman and then dispels the myth of importance surrounding its presumption. Part III reviews the facts of In re Marriage of Lindsey, looks at whether cohabitation …
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
The Public Duty Doctrine And Municipal Liability For Negligent Administration Of Zoning Codes, Shelly K. Speir
Seattle University Law Review
This Comment first provides a brief background of the development of the public duty doctrine. Part II discusses the two major types of zoning cases: those involving negligent misstatements and those involving negligent issuance of permits or inspections. The use of the public duty doctrine in both types of cases is then analyzed under relevant Washington case law. Part III argues for the abolition of the public duty doctrine and Part IV concludes.
Present And Future Interests: A Graphic Explanation, Roger W. Andersen
Present And Future Interests: A Graphic Explanation, Roger W. Andersen
Seattle University Law Review
Few topics bedevil more law students than the law of present and future interests. With the goal of eliminating some of the confusion, this Article highlights the basic doctrine with a new set of diagrams to represent graphically how various interests behave. This Article opens with a question many students ask and then proceeds to the core concepts in the law of present and future interests.
Civil Forfeiture And The Eighth Amendment After Austin, James E. Beaver, Kit G. Narodick, Joseph M. Wallin
Civil Forfeiture And The Eighth Amendment After Austin, James E. Beaver, Kit G. Narodick, Joseph M. Wallin
Seattle University Law Review
Imagine owning an expensive piece of property, a piece of real estate perhaps, or maybe a car or boat. Now imagine having your property forcefully taken away from you because someone suspects, or pretends to suspect, that you are using the property in the commission of criminal acts. Then, imagine having to hire a lawyer and start a lawsuit to recover your property. After spending a small fortune in legal fees to recover your own property, imagine you lose your lawsuit, not because you could not prove your rightful ownership before its forceful seizure, but because you could not prove …
The Public Trust Doctrine In Washington, A. Reid Allison Iii
The Public Trust Doctrine In Washington, A. Reid Allison Iii
Seattle University Law Review
This Article addresses questions of resource allocation and property rights, first, by presenting a brief description of the historical and legal foundation of coastal resource allocation in the United States: the “public trust doctrine.” Second, a survey of the Washington experience demonstrates, surprisingly, that a state whose 2,337 miles of marine coastline approximately equals the length of the entire remaining coastline of the contiguous western United States, has managed to establish a viable and responsive regulatory regime governing coastal resource use with scarcely a mention in its laws of the “public trust doctrine.”
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Seattle University Law Review
A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …
Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume
Real Estate Contracts And The Doctrine Of Equitable Conversion In Washington: Dispelling The Ashford Cloud, Linda S. Hume
Seattle University Law Review
The principal thesis of this Article is that property and contract questions should not be solved independently and are most usefully approached in a distinct order. Because the installment contract divides the incidents of property ownership usually associated with legal title between the parties to the contract, it should be treated differently than the earnest money contract in which the incidents of ownership are not divided. In addition, it is important to first answer some remedial questions before proceeding to make decisions about the property interest of each party to the contract. To support this thesis, this Article explains in …