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Land Use Law Commons

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Seattle University School of Law

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Articles 301 - 330 of 352

Full-Text Articles in Land Use Law

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan Nov 2013

Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan

Seattle Journal for Social Justice

No abstract provided.


Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young Nov 2013

Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young

Seattle Journal for Social Justice

No abstract provided.


Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber Nov 2013

Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber

Seattle Journal for Social Justice

No abstract provided.


Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi Nov 2013

Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi

Seattle Journal for Social Justice

No abstract provided.


About The Authors Nov 2013

About The Authors

Seattle Journal for Social Justice

No abstract provided.


Table Of Contents Nov 2013

Table Of Contents

Seattle Journal for Social Justice

No abstract provided.


Introduction, Jacqueline Mcmurtrie Nov 2013

Introduction, Jacqueline Mcmurtrie

Seattle Journal for Social Justice

No abstract provided.


Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson Nov 2013

Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson

Seattle Journal for Social Justice

No abstract provided.


Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz Nov 2013

Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz

Seattle Journal for Social Justice

No abstract provided.


Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman Nov 2013

Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman

Seattle Journal for Social Justice

No abstract provided.


Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns Nov 2013

Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns

Seattle Journal for Social Justice

No abstract provided.


Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins Nov 2013

Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins

Seattle Journal for Social Justice

No abstract provided.


Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee Nov 2013

Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee

Seattle Journal for Social Justice

No abstract provided.


Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd Nov 2013

Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd

Seattle Journal for Social Justice

No abstract provided.


Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee Jul 2013

Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee

Seattle University Law Review

Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …


Supra Synopses, Ryan W. Dumm, Laura Turczanski Jan 2013

Supra Synopses, Ryan W. Dumm, Laura Turczanski

Seattle University Law Review Online

No abstract provided.


Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens Mar 2012

Of Justice Sotomayor And The Jicarilla Apache Nation: Slouching Toward Intellectual Honesty And The Canons Of Construction, Jeremy Stevens

American Indian Law Journal

No abstract provided.


The Public Nature Of Indian Reservation Roads, M. Brent Leonard Mar 2012

The Public Nature Of Indian Reservation Roads, M. Brent Leonard

American Indian Law Journal

No abstract provided.


Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith Mar 2012

Enhancing Tribal Sovereignty By Protecting Indian Civil Rights: A Win-Win For Indian Tribes And Tribal Members, Rob Roy Smith

American Indian Law Journal

No abstract provided.


Gas Tax Agreements In Indian Country, Jonathan White Mar 2012

Gas Tax Agreements In Indian Country, Jonathan White

American Indian Law Journal

No abstract provided.


Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott Mar 2012

Justice Rehnquist’S Theory Of Indian Law: The Evolution From Mazurie To Atkinson – Where Did He Leave The Court?, Brenna Willott

American Indian Law Journal

No abstract provided.


Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin Jun 2011

Order For The Courts: Reforming The Nollan/Dolan Threshold Inquiry For Exactions, Winfield B. Martin

Seattle University Law Review

For decades prior to 2005, Fifth Amendment regulatory takings jurisprudence languished in a state of confused neglect. Rather than articulating a clearly discernable standard for determining whether a violation of the Takings Clause had occurred, Justices rebuffed government action that seemed to amount to “an out-and-out plan of extortion” and nodded in approval when they deemed the government to have “acted diligently and in good faith” or in furtherance of a “compelling interest.” In trying to parse this imprecise thicket, scholars have characterized the Court’s approach to regulatory takings as a “muddle,” in “disarray,” and “incoherent.” Professor Kent even noted …


Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin Jan 2009

Responsible Development? The Need For Revision To Seattle's Inclusionary Housing Plan, Jay A. Riffkin

Seattle University Law Review

This Comment explores how Seattle's enactment of a limited inclusionary housing plan can effectively meet the challenges of responsible development, both satisfying the city's need for density and affordability and maintaining an economic environment conducive to developer profitability. Although Seattle's current inclusionary housing plan may give adequate incentives to developers, the city needs to move away from its current voluntary plan and toward a mandatory plan that balances increasing developer incentives with a demand for affordable onsite development to serve a broader spectrum of income levels. Part II of this Comment lays out the background of exclusionary and inclusionary zoning …


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller Jan 2003

Property Rights, Federalism, And The Public Rights-Of-Way, Frederick E. Ellrod Iii, Nicholas P. Miller

Seattle University Law Review

This introductory section describes how section 253 works, and notes that the importance of local right-of-way management has increased since September 2001. Section II of the Article identifies the fundamental property rights at issue, their implications for compensation requirements, and their relationship to constitutional federalism. Section III then looks briefly at the characteristic mistake made by many analysts: construing local communities' control of their public rights-of-way as purely regulatory and ignoring the property aspect. Section IV explores in more depth the way in which section 253 fits into the structure of property rights, regulation, and federalism, by detailing the legislative …


Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve Jan 2002

Religious Land Use Jurisprudence: The Negative Ramifications For Religious Activities In Washington After Open Door Baptist Church V. Clark County, Beth Prieve

Seattle University Law Review

Part II of this Note provides a history of religious land use jurisprudence in Washington. This part addresses growth management laws generally, and where these laws cross paths with constitutional guarantees of the free exercise of religion. Part III focuses on the Washington Supreme Court's Open Door decision, separately addressing both the majority opinion and the dissent. Part IV illustrates how the Washington Supreme Court misapplied Washington's religious freedom test in Open Door and significantly shifted religious land use jurisprudence. Part IV further discusses how this shift may include Washington's adoption of the lower federal standard and elaborates upon the …


Washington's Vested Rights Doctrine: How We Have Muddled A Simple Concept And How We Can Reclaim It, Roger D. Wynne Jan 2001

Washington's Vested Rights Doctrine: How We Have Muddled A Simple Concept And How We Can Reclaim It, Roger D. Wynne

Seattle University Law Review

The article explores many of the problems with the details of the vested rights doctrine and outlines a statutory solution to them.' Part I examines the inconsistent rationales that underlie the various manifestations of the doctrine. The differences between the "mandamus" and "fairness/certainty" rationales help explain some of the confusion that has become a fixture of the doctrine. Part II discusses a host of issues that the doctrine fails to resolve adequately. It groups these issues into four fundamental questions, the divergent answers to which often form the key dispute in any vested rights case: (1) to which types of …


Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann Jan 1999

Legal Mechanisms Of Public-Private Partnerships: Promoting Economic Development Or Benefiting Corporate Welfare?, Nick Beermann

Seattle University Law Review

This Comment argues that while the public may ultimately benefit economically from public-private partnership development, the legal mechanisms used in public-private partnerships to skirt the constitution violate the public trust by (1) precluding the public from obtaining information regarding these projects; (2) denying the taxpaying public their right to participate in public choices and spending decisions that affect them; and (3) severely impinging on the public's state constitutional right to the referendum process. Furthermore, by allowing these mechanisms to exist, the Washington Supreme Court only furthers the violation of the public's trust, while simultaneously weakening the role of the judiciary …


Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim Jan 1999

Introduction: The Gma Comes Of Age In Washington, Diana Kirchheim

Seattle University Law Review

The Law Review thought it was time to conduct a progress report on the GMA, especially in light of the revolutionary changes it has created for land use law in Washington, including the development of a much more comprehensive approach to land use and resource management. We thought it might be helpful to provide a short history explaining what led to the adoption of the GMA in order to better understand its significance for land use in Washington.


Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz Jan 1999

Road Map To The Revolution: A Practical Guide To Procedural Issues Before The Growth Management Hearings Boards, Samuel W. Plauché, Amy L. Kosterlitz

Seattle University Law Review

The adoption of the Washington Growth Management Act (GMA or "the Act") marked a major change in local government land use decision-making in the State of Washington. The Act's requirement that local governments adopt a comprehensive land use plan (Plan) to guide development consistent with goals adopted by the state legislature and then implement that Plan with consistent regulations was a revolutionary step toward statewide land use planning. Much has been written about the "GMA revolution." These writings primarily focus on the GMA's procedural and substantive requirements for adoption of Plans and how these mandates have changed the face of …