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Articles 211 - 235 of 235
Full-Text Articles in Family Law
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin
Seattle University Law Review
Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Getting Ahead With Washington's Workfirst Program: Are Battered Women Left Behind?, Wendy Davis
Seattle University Law Review
This Comment will suggest that although the structure of Washington's WorkFirst Act could help victims become self-sufficient, the current implementation of the Act does not adequately address the particular needs of victims. As a result, a victim's chances of achieving financial independence from either the state or her abuser are minimal. Part II of this Comment will give a brief summary of the federal guidelines under which Washington's WorkFirst Act was developed. Part III will outline the requirements of the WorkFirst Act, and in particular, the Act's provisions that address or affect domestic violence victims. Included in this section will …
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
The Morality Of Choice: Estate Planning And The Client Who Chooses Not To Choose, Janet L. Dolgin
Seattle University Law Review
The Symposium focuses around two hypotheticals. The question posed about each-whether it is ethical for an estate lawyer to represent spouses, one of whom chooses subservience to the interests of the other-provokes discussion of a broad set of concerns about the scope and meaning of the contemporary family, and about the appropriate parameters of legal representation of family members.
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Foreword To Symposium On "Should The Family Be Represented As An Entity?": Reexamining The Family Values Of Legal Ethics, Russell G. Pearce
Seattle University Law Review
This symposium on whether the family should be represented as an entity marks another milestone in the development of legal ethics as a field central to understanding the operation of law in our society, and not merely as a set of dry, largely irrelevant rules. It does so by acknowledging that ethical rules of lawyers who represent families have very real consequences for those families. Building on earlier efforts to address this topic, this symposium's authors confront what some commentators have described as the individualist impulse of the ethics codes and whether this impulse is beneficial or harmful to families.
The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman
The Power Of Narrative: Listening To The Initial Client Interview, Raven Lidman
Seattle University Law Review
As I thought about the hypothetical situations posed for consideration by this symposium, I envisioned distinct individuals in context, speaking particular words. I decided to write the initial consultation out as a dialogue to see what happened to the ideas and the interactions as these three, the lawyer, husband, and wife, explored them. I, thus, chose to turn a hypothetical into a real situation. By selecting this format, I was only able to focus on the first hypothetical. This one was perhaps the most challenging for me personally. As a feminist and a family law lawyer, I have struggled and …
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Love Among The Ruins: The Ethics Of Counseling Happily Married Couples, Teresa Stanton Collett
Seattle University Law Review
This Article explores the professional tension experienced by lawyers when clients embrace an ideal of marriage as "the two shall become as one," in a legal system that has repudiated this understanding in favor of the "reality" of marriage as an association dedicated to the individual fulfillment of the man and woman involved. Part II describes the three purposes of estate planning that define the parameters of any proposed representation. Estate planning lawyers assist clients in minimizing taxes, directing gifts to particular beneficiaries, and insuring the continuing care of loved ones. The decision to accept or reject proposed representation often …
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Family Matters: Nonwaivable Conflicts Of Interest In Family Law, Steven H. Hobbs
Seattle University Law Review
The hypotheticals prepared for this special symposium issue ask if a lawyer can provide legal services to a family when one family member yields major decision-making authority to another family member. At stake is the disposition of significant individual and family assets. The traditional model of legal representation would require each family member to have an advocate protecting and promoting his or her individual interests while negotiating a reasonable accommodation of the other family members' interests. The challenge presented by the hypotheticals is whether an attorney can simultaneously represent apparent multiple interests without violating ethical provisions.
Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle
Dependency And Delegation: The Ethics Of Marital Representation, Naomi Cahn, Robert Tuttle
Seattle University Law Review
The two hypotheticals for this symposium concern a lawyer who is asked to represent a married couple in which one spouse would like to cede decision-making authority to the other. As we have examined the lawyer's ethical responsibilities, we have identified two distinct, but conceptually related, issues of legal ethics. The first, a threshold question, deals with the nature of marital representation: May a lawyer simultaneously represent both husband and wife? And if so, how should the representation be structured? The second adds an additional layer of complexity: If a lawyer represents both husband and wife, may the lawyer accept …
Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson
Approval Of Ru-486 As A Postcoital Contraceptive, Kari Hanson
Seattle University Law Review
This Comment argues that if RU-486 were approved as a postcoital contraceptive rather than as an abortifacient, the drug would be of greater overall benefit to women seeking to control their fertility. To support the argument that RU-486 should be approved as a postcoital contraceptive, Part II of this Comment examines the background and development of the drug, the controversy it has engendered, and the drug's recently discovered contraceptive potential. Part III provides a short look at the process by which the FDA approves new drugs and discusses how RU-486 would likely progress through this process. Part IV begins by …
When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle
When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle
Seattle University Law Review
Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …
Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe
Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe
Seattle University Law Review
This Note will argue that the Babcock court's application of this immunity fails to serve the traditional goals of judicial immunity and undermines the factors that should protect dependent children. This argument will develop by first considering the development of judicial immunity and the significance of the concept of functional comparability. The Note will then begin the discussion of the Babcock case with an explanation of the nature of a dependency proceeding and the duties performed by a caseworker during initiation of a dependency proceeding and during placement in foster-care. The Note will then consider the caseworker's actions in the …
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
Seattle University Law Review
This Article will assess the effect of living separate and apart in a defunct marriage on the typical community property agreement, including both inter-vivos and at-death elements. First, as background, this Article will explain and analyze the Washington law status of the concept of living separate and apart. Second, this Article will then review the facts and the holding of In re Estate of Lyman, an appeals court case illustrating the typical fact situation and setting forth the approach of the Washington Supreme Court in this area. It remains the best and most instructive example to date of this …
Protecting Children In Nontraditional Families: Second Parent Adoptions In Washington, Carrie Bashaw
Protecting Children In Nontraditional Families: Second Parent Adoptions In Washington, Carrie Bashaw
Seattle University Law Review
Most adults take for granted their right, through marriage and adoption, to legally protect their relationship with children. A substantial segment of adults, however, cannot take this right for granted. In some states these individuals are denied the right to have a legal relationship with their partners' children because they are lesbians. The rights and needs of children in these nontraditional families could be recognized through second parent adoptions. In essence, a second parent adoption is the adoption of a child by the partner of the child's natural or legal parent. For example, suppose a lesbian couple, Emily and Lynn, …
In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef
In Re Grant: Where Does Washington Stand On Artificial Nutrition And Hydration?, Stephen P. Vanderhoef
Seattle University Law Review
The Washington Supreme Court in In re Grantsought to determine whether life sustaining treatment could be legally withheld from a terminally ill, non-comatose, incompetent individual. In its December 1987 slip opinion, a majority of the court expanded on its previous decisions empowering third parties, including guardians, families, and physicians, to withhold and withdraw life sustaining treatment from incompetent individuals. This was accomplished by characterizing artificial nutrition and hydration as removable, life sustaining medical treatment. The court also gave third parties the power to remove artificial nutrition and hydration before the incompetent individual in question slips into a coma or …
Paternity Determinations In Washington: Balancing The Interests Of All Parties, Carol Denardo Spoor
Paternity Determinations In Washington: Balancing The Interests Of All Parties, Carol Denardo Spoor
Seattle University Law Review
The state and all parties in a paternity proceeding may benefit from a more efficient, administrative approach to paternity adjudication if certain procedural safeguards are assured the defendant. Section II of this Comment sketches the development of common-law and statutory rights of paternity actions in Washington. Section III examines the interests of each party in a paternity action. Section IV discusses the advantages of an administrative hearing. Section V suggests procedural safeguards for the defendant and proposes a framework for administrative determinations of paternity that is consistent with the interests of all parties. Administrative hearings in such circumstances are preferable …
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Public Policy Over Metaphysics: Wrongful Birth And Wrongful Life In Harbeson V. Parke-Davis, Inc., Eric B. Schmidt
Seattle University Law Review
The recognition of the wrongful birth and wrongful life causes of action by the Washington State Supreme Court is supported by both policy rationales and legal theories. Wrongful birth and wrongful life causes of action receive support from traditional tort principles and, more important, further public policy by deterring negligent genetic counseling and negligent preconception medical treatment. This Note describes the legal history of these claims and analyzes several issues not addressed by the Washington court. In addition, this Note criticizes a more recent decision by the court, which limits wrongful conception causes of action, because that decision conflicts with …
Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank
Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank
Seattle University Law Review
This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.
Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow
Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow
Seattle University Law Review
The purpose of this Article is to consider the tax consequences of divorce, particularly those problems relating to property settlements. The tax consequences of alimony and child support are also considered. These problems have a long history that must be reviewed in order to understand both the present law and the current proposals which were considered by the House Ways and Means Committee during the last session of Congress. Unfortunately, the narrowness of the legislative proposals permits many of the problems to continue; the proposals change only the timing of the problem.
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds
Seattle University Law Review
This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Deelche V. Jacobsen: Recovering From Community Property For A Separate Tort Judgment, Joseph R. Mcfaul
Seattle University Law Review
This note critically analyzes deElche against the historical background of community property statutes and evaluates its effect on previous case law that subverted community property principles, resulting in injustice to either the victim or the tortfeasor’s spouse. While deElche does not explicitly overrule these cases, it casts doubt on their current vitality. This note also responds to the dissent’s criticisms, and discusses the scope of the deElche decision.
Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson
Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson
Seattle University Law Review
This article examines the federal regulations' interaction with Washington community property law to determine when a creditor can require the signature of a Washington applicant's spouse on either a loan instrument or security agreement in five common situations: (1) a married applicant's request for credit secured by community property, (2) a married applicant's request for credit secured by separate property, (3) a married applicant's request for general unsecured credit, (4) a married applicant's request for unsecured credit in specific reliance upon his or her income flow, and (5) a married applicant's request for unsecured credit in specific reliance upon the …
The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence
The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence
Seattle University Law Review
After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Shepard V. Superior Court—Recovery For Mental Distress In A Products Liability Action, G. Scott Greenburg
Seattle University Law Review
In Shepard v. Superior Court, the California Court of Appeals held that a party directly witnessing injury to a close relative could recover damages for resulting mental distress in a strict products liability action. By recognizing a duty to avoid infliction of emotional distress in a products liability case, Shepard elevated a manufacturer's duty in strict liability to the level recently recognized in a negligence action. The court correctly reasoned that a cause of action for mental distress in products liability was consistent with economic realities of modern society and the purposes behind products liability.
Termination Of Parental Rights In Washington, Sandy D. Mcdade
Termination Of Parental Rights In Washington, Sandy D. Mcdade
Seattle University Law Review
Prior to 1978, Washington allowed trial judges broad discretion to decide, on a case by case basis, the necessity of terminating parental rights. The recently adopted Juvenile Court Act in Cases Relating to Dependency of A Child and the Termination of a Parent and Child Relationship represents a legislative attempt to nurture the family unit by severely limiting trial court discretion. The new law provides standards making judicial termination of parental rights difficult in all cases. The Institute of Judicial Administration and the American Bar Association also have jointly proposed standards limiting trial court discretion in termination proceedings. The ABA …
Post-Majority Child Support In Washington, George T. Cowan
Post-Majority Child Support In Washington, George T. Cowan
Seattle University Law Review
Simply stated, the purpose of child support is to provide necessary elements of support to those typically incapable of self-support. The definition of "necessary elements" constantly changes to meet the demands of an increasingly complex society. And although child support is limited to necessities, what is necessary also depends upon the social status and financial resources of the parents and is not limited to bare essentials unless those criteria so dictate. Accordingly, courts retain continuing jurisdiction to modify support decrees as the ability of the parents to provide support and the needs of the children change. In light of the …