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Articles 324061 - 324090 of 545343

Full-Text Articles in Law

The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller Jan 1998

The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller

Faculty Scholarship

No abstract provided.


Toward A Reconstructive Feminism: Reconstructing The Relationship Of Market Work And Family Work, Joan C. Williams Jan 1998

Toward A Reconstructive Feminism: Reconstructing The Relationship Of Market Work And Family Work, Joan C. Williams

Faculty Scholarship

No abstract provided.


Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May Jan 1998

Legal Education Then And Now: Changing Patterns In Legal Training And In The Relationship Of Law Schools To The World Around Them, Joan C. Williams, Bob Gordon, Jack Schlegel, James May

Faculty Scholarship

No abstract provided.


The Rhetoric Of Property, Joan C. Williams Jan 1998

The Rhetoric Of Property, Joan C. Williams

Faculty Scholarship

No abstract provided.


Do Women Need Special Treatment? Do Feminists Need Equality?, Joan C. Williams Jan 1998

Do Women Need Special Treatment? Do Feminists Need Equality?, Joan C. Williams

Faculty Scholarship

No abstract provided.


Truth, With A Small "T", David L. Faigman Jan 1998

Truth, With A Small "T", David L. Faigman

Faculty Scholarship

No abstract provided.


On The Interface Between Labor And Employment Law, Joseph R. Grodin Jan 1998

On The Interface Between Labor And Employment Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle Jan 1998

An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard Jr., John L. Gedid, Stephen Sowle

Faculty Scholarship

No abstract provided.


Foreword: Cities On The Cutting Edge, David Jung Jan 1998

Foreword: Cities On The Cutting Edge, David Jung

Faculty Scholarship

No abstract provided.


Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane Jan 1998

Original Sin And The Transaction In Federal Civil Procedure, Mary Kay Kane

Faculty Scholarship

No abstract provided.


The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat Jan 1998

The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims In Capital Sentencing, Evan Tsen Lee, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.


Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp Jan 1998

Rescuing Reliance: The Perils Of Promissory Estoppel, Charles L. Knapp

Faculty Scholarship

No abstract provided.


Path Dependent Inefficiency In The Corporate Contract: The Uncertain Case With Less Certain Implications, Frederick Lambert Jan 1998

Path Dependent Inefficiency In The Corporate Contract: The Uncertain Case With Less Certain Implications, Frederick Lambert

Faculty Scholarship

No abstract provided.


Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee Jan 1998

Section 2254(D) Of The New Habeas Statute: An (Opinionated) User's Manual, Evan Tsen Lee

Faculty Scholarship

No abstract provided.


Once More Into The Breach: More Reforms For The Federal Discovery Rules, Richard L. Marcus Jan 1998

Once More Into The Breach: More Reforms For The Federal Discovery Rules, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Discovery Containment Redux, Richard L. Marcus Jan 1998

Discovery Containment Redux, Richard L. Marcus

Faculty Scholarship

No abstract provided.


The Puzzling Persistence Of Pleading Practice, Richard L. Marcus Jan 1998

The Puzzling Persistence Of Pleading Practice, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews Jan 1998

Survivability Of Noneconomic Damages For Tortious Death In Washington, Steve Andrews

Seattle University Law Review

The focus of this Comment will be the 1993 amendment to Washington's general survival statute. In particular, the goal is to interpret how noneconomic damages for tortious death are to be treated under the new survival statute and to answer the question of what noneconomic damages are available to the victim's survivors. Because of Washington's complex statutory scheme, each of five potentially applicable statutes will be examined for available noneconomic damages, the survivability of these damages, the beneficiaries of the action, and possible duplication of damages. In answering these questions, this comment will also address the issue of survivability of …


Introduction, Maja Dagny Chaffe Jan 1998

Introduction, Maja Dagny Chaffe

Seattle University Law Review

Introduction to the annual Casebook Review issue.


A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young Jan 1998

A Casebook For All Seasons?—Another Casebook Review, E. Allan Farnsworth, W.F. Young

Seattle University Law Review

This Essay responds to a casebook review published in the previous annual Casebook Review issue.


Casebooks And Constitutional Competency, David E. Engdahl Jan 1998

Casebooks And Constitutional Competency, David E. Engdahl

Seattle University Law Review

Today's casebooks are far better adapted for fostering constitutional competency among lawyers than were their earlier counterparts. Part 1 of this Article traces the evolution of the constitutional law casebook from James Bradley Thayer's massive compilation of raw data in the Dean Langdell tradition, to the modern style of extensively edited cases with comments and questions to help students identify, anticipate, and assess potential avenues of analysis and development. Part 2 examines some basic concepts of federalism law still afforded too little attention by casebook editors. The classic analysis of enumerated powers (including Congress's power under the necessary and proper …


Politics, Doctrinal Coherence, And The Art Of Treatise Writing, Edward Rubin Jan 1998

Politics, Doctrinal Coherence, And The Art Of Treatise Writing, Edward Rubin

Seattle University Law Review

Writing a treatise on constitutional law is both necessary and impossible. It is necessary because constitutional law, at least in the United States, is a common law subject. To be sure, it possesses a positive law basis, but that basis is very thin and the decisional law that has flowed from it is luxuriant and complex. Treatises organize and summarize bodies of decisional law, creating a coherent structure from the welter of incremental decisions, overlapping doctrines, and particularized holdings and dicta. Yet it is impossible to write a treatise about constitutional law. All treatises depend, for their effectiveness, upon a …


Cases Versus Theory, Richard B. Collins Jan 1998

Cases Versus Theory, Richard B. Collins

Seattle University Law Review

Past reviewers have noted that the large modern market for American constitutional law casebooks was not served by much diversity in approaches to the subject. More recently there has been some divergence, and teachers have more choices. Cohen & Varat’s <em>Constitutional Law: Cases and Materials</em> has changed least in the intervening years and continues to serve its part of the market very well. Case editing is excellent, and selection is good. So if you liked the former standard, it remains a sound choice, and if you did not, you will have moved on. Notable differences among constitutional law casebooks fall …


Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin Jan 1998

Problem Solving And Storytelling In Constitutional Law Courses, William A. Kaplin

Seattle University Law Review

The author’s primary methods to teach Constitutional Law are problem solving and storytelling. He selected Farber, Eskridge, and Frickey’s Constitutional Law: Themes for the Constitution's Third Century and continues to use it in part because it includes both stories and problems. The author also selected this particular casebook because it places the individual rights materials before the materials on federal powers. He wanted to experiment with this reversed order and thus far has been satisfied – largely because the rights materials engage student interest better than the powers materials. They also set a more contemporary and practical tone for the …


Mastering Modern Constitutional Law, Thomas E. Baker Jan 1998

Mastering Modern Constitutional Law, Thomas E. Baker

Seattle University Law Review

Constitutional Law is “tough law.” It is tough to master – tough to teach and tough to learn. There are several reasons for this thorough difficulty. First, it is not an exaggeration to say that the fate of the nation is often at stake in constitutional cases and controversies, and constitutional decisions have shaped our history as a people. Second, we Americans can lay claim to inventing the field, and we have been continuously preoccupied with reinventing it for more than two centuries of applied political philosophy. Third, the Supreme Court is one of the most fascinating institutions inside or …


The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander Jan 1998

The Quest To Find The Meaning Of The First Amendment, Mark C. Alexander

Seattle University Law Review

Professor William Van Alstyne has been a prolific and influential scholar, discussing First Amendment questions throughout his career. He has authored dozens of law review articles that are frequently cited in varying contexts, including at least twenty cites in U.S. Supreme Court opinions. He also has done what few others have done with his scholarly agenda by writing consistently and powerfully on the major aspects of the First Amendment – Free Speech, Press, and Religion – and their interrelation. He has added to his numerous contributions by providing a thorough and insightful casebook, First Amendment Cases and Materials, which …


Theme And Variations, Hugh D. Spitzer, Charles W. Johnson Jan 1998

Theme And Variations, Hugh D. Spitzer, Charles W. Johnson

Seattle University Law Review

State constitutions are worth the attention. They are, and have always been, different from the United States Constitution. Because state constitutions are typically easier to replace or amend than the United States Constitution, they reflect the political movements that have swept the country from time to time. As Professor Tarr has observed, provisions based in Jacksonian Democracy, Populism, and the Progressive movement have caused a "layering" in many state documents, which has affected both substance and interpretation." This makes the study of state constitutions interesting, and important too, because the themes might be similar from state to state, but the …


Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell Jan 1998

Constitutional Conflicts: The Perils And Rewards Of Pioneering In The Law School Classroom, Derrick Bell

Seattle University Law Review

The challenge in teaching Constitutional Law is to teach the doctrine while puncturing the myths. It is not an easy task. Americans treat the Constitution as a hallowed document created by men so divinely inspired that the document they produced in 1787 has been amended less than three dozen times. They might add that because of a number of factors, including those amendments, there are now only about 300 operative words in the Constitution, and that most litigation has centered about the meaning of a dozen or so terms: "due process," "cruel and unusual punishment," "commerce," "free exercise," "commander- in-chief," …


The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos Jan 1998

The Violence Against Women Act Of 1994: Connecting Gender-Motivated Violence To Interstate Commerce, Judi L. Lemos

Seattle University Law Review

This Comment explores whether the Supreme Court will grant certiorari in the Brzonkala v. Virginia Polytech and State University, and whether the Court will uphold the Violence Against Women Act (VAWA) as a constitutional use of the commerce power. Part I explains the provisions of VAWA. Part II scrutinizes the development of Commerce Clause jurisprudence, which culminated in the Lopez decision. Part III analyzes the panel's Fourth Circuit ruling in Brzonkala. Part IV reviews the Supreme Court's handling of post-Lopez Commerce Clause cases and discusses whether the Court will grant certiorari to a challenge of VAWA's constitutionality. …


Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter Jan 1998

Speak No Evil: Negligent Employment Referral And The Employer's Duty To Warn (Or, How Employers Can Have Their Cake And Eat It Too), J. Bradley Buckhalter

Seattle University Law Review

This article begins by surveying the evolution of tort doctrine and the "no duty to act" rule. It then proceeds to examine current theories of employer liability in the referral and hiring context and moves on to trace the history of the negligent employment referral claim. Next, this section scrutinizes the Muroc decision and ends with a brief discussion of the future of negligent employment referral. Section III begins by exploring the implications of nondisclosure of reference information for both tort policy and tort doctrine. It then proposes an affirmative duty of disclosure as a solution by amalgamating the reasoning …