Law Commons^™

The Crimes Of Fashion: The Effects Of Trademark And Copyright Infringement In The Fashion Industry, Carolyn Marcelo

Senior Honors Theses

Counterfeits of designer merchandise continue to be made and sold throughout the world causing drastic social and economic outcomes everywhere.  Despite the illegality of manufacturing and distributing counterfeit goods, this business has far-reaching effects that society is not generally aware of.  The evils of counterfeiting luxury goods include forced child labor, drug trafficking, and international terrorism as well as loss of billions of dollars in revenue to legitimate businesses and governments.  The ancient Latin phrase “Caveat emptor” “Let the buyer beware” is still relevant today.  Being made aware and being warned, society may be motivated to shut down this illicit …

Standing On Quicksand: Why Law Students Need New Survival Skills For An Evolving Legal Landscape, Allen Moye

College of Law Faculty

While most disciplines and professions have adapted varying uses of technology in their everyday functions and tasks; legal education still remains one of the last holdouts. Much of what has become standard to legal education pedagogy over the past 140 years has been subject to a growing criticism and calls for a new and different approach. This is particularly true when it comes to teaching practical lawyering skills, which include a working knowledge of the form and function of legal resources. The technology age has considerably altered both aspects of these resources, and undoubtedly more changes will come. These changes …

April 24, 2011: Why The Resurrection Changes Everything, Bruce Ledewitz

Hallowed Secularism

Blog post, “Why the Resurrection Changes Everything“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Shaping Water Policy: Political Influences In The European Union And United States, Christopher Young

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

April 22, 2011: Conservative Christians Discover The Separation Of Church And State, Bruce Ledewitz

Hallowed Secularism

Blog post, “Conservative Christians Discover the Separation of Church and State“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Let My People Go!, Kenneth Lasson

All Faculty Scholarship

This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.

Facebook And The Police: Communication In The Social Networking Era, Mari Sakiyama, Deborah K. Shaffer, Joel D. Lieberman

Graduate Research Symposium (2010 - 2017)

An increasing number of police departments are using Facebook to communicate with the public. As with any emerging communications technology, there is considerable variation in the usage of this medium. This study reports the results of a content analysis designed to determine how police departments are using Facebook.

Clark County Family Mediation Center: A Time Efficient Solution To Child Custody Dispute Resolution, Danielle Puentedura

Graduate Research Symposium (2010 - 2017)

To reduce court dockets and streamline child custody resolutions, a growing number of US states are implementing mandatory mediation sessions for divorce cases where child custody is in dispute. Clark County Eighth District Court, Family Division implements such mandatory mediation through the Family Mediation Center.

During 2008, approximately 6,295 divorce cases were filed, and of those 2100 were ordered to attempt mandatory mediation.

Driving Forces: Police Fatalities, Carol Servino

Graduate Research Symposium (2010 - 2017)

Law enforcement is an inherently risky occupation. The number of traffic-related fatalities for law enforcement officers in the U.S. during the past 13 years has been increasing; however, the number of fatalities for the general population in motor vehicle traffic incidents declined during the same time period.

The federal government reports that federal motor vehicle safety standards aswell as behavioral and vehicle safety programs implemented by state and local law-enforcement agencies contributed to the downward trend for the general public.

What accounts for the pattern and problem with police driving-related deaths?

Introduction, Hon. Steven C. Gonzàlez

Seattle University Law Review

At Seattle University School of Law’s Symposium on Racial Bias and the Criminal Justice System, students, faculty, judges, scholars, lawyers, and community members gathered to address racial disparity in the criminal justice system and to explore ways to keep the promise of our democracy that we all are equal before the law. Race, ethnicity, skin color, and national origin profoundly influence our legal structure and our liberty. The way that race influences perceptions and actions is critically important in the context of our criminal justice system—a system that changes lives, disrupts and protects communities, and represents a key part of …

Protect Me From Myself: Determining Competency To Waive The Right To Counsel During Civil-Commitment Proceedings In Washington State, Jacob J. Stender

Seattle University Law Review

This Comment argues that an unarticulated, heightened standard of competency to waive counsel, under which Washington currently operates, is the ideal standard to address the unique concerns that exist in civil- commitment proceedings. This Comment clarifies the existing law governing the determination of a party’s right to waive counsel, as well as the determination of the validity of such a waiver. This Comment also articulates a comprehensive inquiry standard for trial courts, both within and outside of Washington, to apply when determining the competency of a party and the validity of a waiver. The goal of this express determination standard …

“Like Wolves In Sheep’S Clothing”: Combating Racial Bias In Washington State’S Criminal Justice System, Krista L. Nelson, Jacob J. Stender

Seattle University Law Review

Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III …

Methodological Issues In Biased Policing Research With Applications To The Washington State Patrol, Clayton Mosher, J. Mitchell Pickerill

Seattle University Law Review

Racial profiling violates the United States Constitution’s premise that all people are equal under the law, as well as the Fourth Amendment’s guarantee that people should be free from unreasonable searches and seizures. Racial profiling has been found to result from individual officer racism or stereotyping, from institutionalized biases, and from the organizational culture of law enforcement agencies. We begin this Article by discussing the history of racial profiling before proceeding to consider various studies from a select number of American jurisdictions. We then examine important methodological and theoretical issues in conducting research on racial profiling and racially biased policing, …

Actual Versus Perceived Performance Of Judges, Theodore Eisenberg, Talia Fisher, Issi Rosen-Zvi

Seattle University Law Review

Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate …

O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence For All, Lenese C. Herbert

Seattle University Law Review

This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in …

The Impact Of Implicit Racial Bias On The Exercise Of Prosecutorial Discretion, Robert J. Smith, Justin D. Levinson

Seattle University Law Review

The Article is organized as follows: Part II provides an introduction to implicit bias research, orienting readers to the important aspects of implicit bias most relevant to prosecutorial discretion. Part III begins the examination of implicit bias in the daily decisions of prosecutors. The Part presents key prosecutorial discretion points and specifically connects each of them to implicit bias. Part IV recognizes that, despite compelling proof of implicit bias in a range of domains, there is no direct empirical proof of implicit bias in prosecutorial decision-making. It thus calls for an implicit bias research agenda designed to further examine how …

Analyzing Stops, Citations, And Searches In Washington And Beyond, Mario L. Barnes, Robert S. Chang

Seattle University Law Review

Racial disproportionality in the criminal justice system is a fact. But the fact of racial disproportionality is the beginning and not the end of the conversation. The fact that blacks are overrepresented in stop, arrest, charge, pretrial detention, conviction, and incarceration statistics demonstrates only correlation and not causation. A number of commentators caution that disproportionality and the overrepresentation of blacks, Native-Americans, and Hispanics in Washington State’s prisons do not prove racial discrimination. Further, the fact of disproportionality at each stage of criminal justice processing does not prove that racial discrimination occurs at each particular stage. For example, the observed disproportionality …

Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon

Seattle University Law Review

This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.

“If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, And The Right To A Fair Trial In State V. Monday, Michael Callahan

Seattle University Law Review

This Note argues that of the three opinions from Monday, Washington state courts should follow Chief Justice Madsen’s concurring opinion. The Monday decision also raises three questions that none of the opinions adequately answer: who does Monday apply to, what conduct does Monday forbid, and what is the legal source of the rules from Monday? The court will have to answer these questions in the future to determine the scope of its new rules. Part II of this Note discusses how Washington courts previously addressed the issue of prosecutorial misconduct and appeals to racial bias in trials. Part …

Slavery Revisited In Penal Plantation Labor, Andrea C. Armstrong

Seattle University Law Review

This Article argues that society must critically examine the types of labor we require our inmates to perform and prohibit the imposition of slavery, even when the enslaved is an inmate. Part II focuses on the text and history of Section 1 of the Thirteenth Amendment11 and argues that the Amendment’s exception allowing forced inmate labor is not as broad as it first appears. Part III examines the Eighth Amendment and how the imposition of slave status on inmates should be considered cruel and unusual punishment. Lastly, Part IV applies these concepts to the history and operation of one such …

Dead Wrong: Why Washington’S Deadly Weapon Criminal Sentencing Enhancement Needs “Enhancement”, James Harlan Corning

Seattle University Law Review

This Comment confronts the difficult question of how to reformulate the deadly weapon sentencing enhancement to better align it with the policy goals of deterring and punishing armed crime. Part II explores the constitutional and practical defects in each of the three formulations of the sentencing enhancement’s armed requirement by delving into the enhancement’s legislative history and the judicial struggle to interpret it. Part III analyzes the need for a more nuanced approach to the weapon enhancement by exploring key criticisms about the enhancement’s scope and application. Part IV argues that the Washington legislature must provide courts with more rigid …

Domestic Violence And The Budget Crisis: The Use Of A Risk Assessment Tool To Manage Cases In Prosecutors’ Offices, Carrie M. Hobbs

Seattle University Law Review

This Comment addresses the growing concern that the incompatible forces of shrinking budgets and increased caseloads are leading to ineffective domestic violence case management, particularly in prosecutors’ offices. With so many cases and so few resources, prosecutors need tools to discern which cases should have priority. Recognizing that risk assessment tools have many drawbacks, this Comment advocates for development of a risk assessment tool that can help prosecutors determine which cases to pursue and assist them in making other pretrial determinations. Part II of this Comment provides a background on domestic violence research and isolates the issues that arise in …

Is Justice Available To All? Indigent Defense In Michigan, Barbara K. Lanning

Honors Theses

Does Michigan’s public defense system operate in accordance with the decisions made by the Supreme Court in cases like Gideon v. Wainwright, Powell v. Alabama, and Argersinger v. Hamlin? If not, how can we reform the system? The right to counsel for those accused of a crime in the United States is a constitutional right. After the decision issued in Gideon v. Wainwright (1963) the federal government mandated that all states were responsible for providing representation for indigent defendants. The states provide these services either through public defender programs, appointment of court cases to private attorneys, or through contracts with …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Preliminary Report On Race And Washington's Criminal Justice System, Task Force On Race And The Criminal Justice System

Seattle University Law Review

For this Report, the Research Working Group reviewed evidence on disproportionality in Washington’s criminal justice system and considered whether crime commission rates accounted for this disproportionality. We found that crime commission rates by race and ethnicity are largely unknown and perhaps unknowable, but that some researchers simply take arrest rates as good proxies for underlying commission rates for all crimes.We found that use of arrest rates likely overstates black crime commission rates for several reasons.68 But even if arrest rates are used as a proxy for underlying crime commission rates, the extent of racial disproportionality is not explained by commission …

Greenup, Christopher, 1750-1818 (Sc 218), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 218. Document signed by Christopher Greenup, clerk of the Mercer County court, 17 December 1788, to the sheriff of Madison County, related to damages awarded Thomas Upshaw against Patrick Joyes. At this time, Mercer and Madison Counties were part of the District of Kentucky of the Commonwealth of Virginia.

Highlights From The Aba Techshow Expo, Debbie Ginsberg

Presentations

The ABA Tech Show Expo is a great place to learn about the latest trends in legal technology. In this Brown Bag, Debbie Ginsberg shared some favorite new technologies from the 2011 Expo, including tablet apps for trial presentations.

April 18, 2011: Church, State, And The Crisis In American Secularism Video Comes To Youtube, Bruce Ledewitz

Hallowed Secularism

Blog post, “Church, State, and the Crisis in American Secularism Video Comes to YouTube“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Determinants Of Domestic Minor Sex Trafficking And The Urgent Need For A Global Cultural Shift, Karen M. Hoover

Senior Honors Theses

In the United States, an overtly selfish and sexual culture contributes to the spread of human trafficking, thereby requiring a complete culture shift in order to diminish this modern day slavery initiated by the aberrant culture. Sex trafficking of minors in the United States encompasses a variety of factors that facilitate the bondage and brutal enslavement of American children. These children are bought and sold hundreds of times, with no regard for their personal well-being. Major factors such as demand, vulnerability, and America’s induced culture of sex serve to increase the environment that trap children and youth in commercial sexual …

Vol. 40, No. 13 (April 18, 2011)

Indiana Law Annotated

No abstract provided.