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Seattle University Law Review

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Articles 301 - 326 of 326

Full-Text Articles in State and Local Government Law

Where The Reason Stops: Babcock V. State Establishes An Unjustified Immunity For Foster-Care Placement, Christine A. Mccabe Jan 1991

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 …

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Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan Jan 1991

Preserving Rural Gas Stations: State Financial Assistance For Underground Petroleum Storage Tanks, John S. Conniff, Charles G. Gavigan

Seattle University Law Review

This Article briefly reviews environmental regulations requiring the upgrading of Underground Storage Tankss, analyzes the development and implementation of the new financial assistance program, and considers the constitutionality of the program in light of state ing of credit prohibitions.

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Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine Jan 1990

Washington's New Sexual Offender Civil Commitment System: An Unconstitutional Commitment System And Unwise Policy Choice, Brian G. Bodine

Seattle University Law Review

This Comment will discuss the portion of the legislation that established the system of involuntary civil commitment of violent sexual predators [hereinafter Violent Sexual Predator Commitment System]. This Comment will explore whether the Violent Sexual Predator Commitment System could withstand procedural and substantive due process challenges. Additionally, because the system is premised on a mental disorder of the sexually violent person, the commitment scheme will also be compared with the Involuntary Treatment Act's civil commitment system, to determine whether the Violent Sexual Predator Commitment System violates the equal protection clause of the fourteenth amendment to the United States Constitution. After …

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Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer Jan 1988

Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer

Seattle University Law Review

This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.

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Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James Jan 1988

Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James

Seattle University Law Review

This Comment will discuss the effect of applying Washington's felony-murder statute where assault is the underlying felony. The case law interpreting section 9A.32.050(1)(b) of the Revised Code of Washington [hereinafter section (1)(b)] and the legislative intent behind that statute will be discussed, as will the effects of allowing assault to support a section (1)(b) charge. The thesis of this Comment is that interpretation of Washington's criminal code as a whole leads to the conclusion that the legislature never intended assault to be capable of supporting a section (1)(b) charge. It is recommended that the Washington Supreme Court reconsider its position …

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A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman Jan 1988

A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman

Seattle University Law Review

This Comment addresses the questions that the nonsettling defendant's attorney must answer. Section I sets out the function of reasonableness hearings in light of the policies the hearings are intended to further-avoiding collusion between settling defendants and plaintiffs and equitably apportioning the financial burden among tortfeasors. Section II examines the form of reasonableness hearings, including what evidence should be presented, what standards must be met, and the need for reviewable findings and conclusions. Section III analyzes, in terms of constitutional due process, the notice required by the statute. Section IV considers what remedy should follow a finding that a settlement …

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The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin Jan 1987

The Effect Of Tax Foreclosure Sales On Servitudes: Olympia V. Palze, Daniel W. Galvin

Seattle University Law Review

This Note analyzes the historical position taken by Washington courts regarding servitudes and tax sales prior to and subsequent to the 1959 statute dealing with easements. The Note next examines the Palzer holding, the degree to which it aligns Washington's position with that of the majority, and its limited support for future litigation involving other forms of servitudes.

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The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover Jan 1985

The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover

Seattle University Law Review

The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.

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Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock Jan 1985

Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock

Seattle University Law Review

Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.

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A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz Jan 1985

A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz

Seattle University Law Review

The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …

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The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché Jan 1985

The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché

Seattle University Law Review

This Article traces the independent development in the case law interpreting the Washington Constitution and in the drafting of the document itself. It is the position of the authors that the strict approach and consequent rigorous, independent analysis by the Washington court is not a necessary or appropriate method of deciding church-state issues, at least in many contexts. When examining establishment clause issues under the state constitution, the Washington State Supreme Court should therefore modify its previous position and adopt a more common-sense approach in lieu of the doctrinaire rigidity that has characterized prior opinions.

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Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Seattle University Law Review

In this Article, I will present a series of attacks on intentionalism. My efforts are aimed at eroding the high ground that the intentionalist position appears to enjoy in the interpretation of state and federal constitutions. Currently, one almost has to justify departure from the framers intent in advancing a nonconforming constitutional interpretation. This Article is an attempt to reverse this assumed burden of persuasion.

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Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting Jan 1985

Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting

Seattle University Law Review

This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.

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An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer Jan 1985

An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer

Seattle University Law Review

This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.

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The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter Jan 1985

The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter

Seattle University Law Review

This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …

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Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger Jan 1984

Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger

Seattle University Law Review

The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.

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Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade Jan 1984

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …

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Legislative History In Washington, Arthur C. Wang Jan 1984

Legislative History In Washington, Arthur C. Wang

Seattle University Law Review

This Comment begins with an examination of court usage of Washington State legislative history and illustrates the lack of consistent judicial standards for acceptance of evidence of legislative intent. It then describes a systematic process that lawyers may use to identify and obtain relevant legislative history in Washington, and at the same time, points out defects in the record-keeping system. It concludes with recommendations to the Washington State Legislature to improve the accessibility and usefulness of state legislative history. Adoption of these recommendations would not only aid the legal researcher, but also provide the legislature with a better means to …

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Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz Jan 1984

Unbridled Prosecutorial Discretion And Standardless Death Penalty Policies: The Unconstitutionality Of The Washington Capital Punishment Statutory Scheme, James E. Lobsenz

Seattle University Law Review

This Article advances six reasons why Washington's statutory scheme for capital punishment should be deemed unconstitutional. The current death penalty statutes violate the separation of powers doctrine, the grand jury indictment clause of the fifth amendment, the equal protection clauses of the fourteenth amendment and article I, section 12 of the Washington State Constitution, the vagueness doctrine of the due process clause, and the doctrine of unlawful delegation of legislative power. Finally, it promotes an unequal administration of capital punishment in further violation of the guarantee of equal protection of the law.

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Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil Jan 1983

Another Day Older And Deeper In Debt: Debt Limitation, The Broad Special Fund Doctrine, And Wppss 4/5, Dennis J. Heil

Seattle University Law Review

The weakness of the Broad Special Fund Doctrine becomes evident when viewed in light of its application to an enormous debt such as construction of a multi-billion dollar power plant. Furthermore, the doctrine is directly at odds with the purposes underlying constitutional and statutory debt limitations. This Article presents a brief history of debt limitation provisions. Next, it discusses the history of the Special Fund Doctrine and sets forth criticisms of the Broad Special Fund Doctrine. The Article concludes by recommending a concept for a Narrow Special Fund Doctrine and applies it to the construction of two nuclear power plants …

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Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton Jan 1983

Mutual Of Enumclaw Insurance Company V. Wiscomb: Excluding The Family Exclusion Clause, Janice L. Campton

Seattle University Law Review

This note examines Mutual of Enumclaw Insurance Company v. Wiscomb. The note supports the court’s decision to prohibit unbargained for family exclusion clauses, because it furthered the policies exemplified in the Financial Responsibility Law and the Underinsured Motorist Statute and acted consistently with its decision abrogating intrafamily tort immunity. However, the note argues that by suggesting it would uphold truly bargained for family exclusion clauses denying coverage to named insureds, the court ignored its own pronouncement declaring such clauses against this state’s policy of assuring compensation for the protection of innocent victims of negligent motorists.

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Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson Jan 1982

Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson

Seattle University Law Review

In Alderwood Associates v. Washington Environmental Council, the Washington Supreme Court reversed a temporary restraining order forbidding the defendant's solicitation or demonstration on plaintiff's privately owned shopping mall. Although there was no majority opinion because the court split four-one-four, the result of the several opinions is that the Washington constitution now bars private as well as state action that interferes with the gathering of initiative signatures on certain private property. However, four justices also concluded that the free speech sections of the Washington constitution restricts private as well as state action. The Alderwood result is desirable, but could have …

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Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy Jan 1980

Product Liability Reform Proposals In Washington--A Public Policy Analysis, Howard E. Bundy

Seattle University Law Review

The current interest in statutory reform of product liability law presents a unique opportunity for the Washington Legislature to make some principled decisions in furtherance of the policies behind product liability law. The legislature, in deciding the future direction of product liability law in Washington, must look beyond polarized interests to policy considerations for guidance.

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Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley Jan 1980

Washington Title Insurers' Duty To Search And Disclose, Susan M. Stanley

Seattle University Law Review

This comment explores possible non-statutory sources of a title insurer's duty to search and disclose. After reviewing the historical background of title insurance and comparing it with other title assurance methods, this comment examines Washington case law, where the supreme court has failed to impose the duty. It then considers the need to impose and examines the theoretical bases of such a duty to search and disclose: whether it should lie in tort or in contract. Finally, this comment concludes that Washington courts should allow home buyers to sue title insurers for negligence in failing to reasonably search and disclose.

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Seattle School District No. 1 V. State--Demise Of The Pygmy, Warren C. Thompson Iii Jan 1979

Seattle School District No. 1 V. State--Demise Of The Pygmy, Warren C. Thompson Iii

Seattle University Law Review

This Comment discusses how the Washington Supreme Court's holdings regarding the constitutionality of the Washington system of funding grade school education through state funds and local property tax levies.

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Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead Jan 1979

Holland V. Boeing Co.--Extending Protection Against Employment Discrimination To Transfers Of Handicapped Employees, Joanne Whitehead

Seattle University Law Review

In Holland v. Boeing Co., the Washington Supreme Court considered for the first time a handicap discrimination case under the unfair employment practices section of the Washington Law Against Discrimination. In construing the statute, the Holland court emphasized that the handicapped are inherently different from other classes antidiscrimination legislation traditionally protects. The court then imposed upon the defendant-employer a high duty of accommodating the disabilities of handicapped employees. Thus, the decision provides important recognition of disabled workers' civil rights.

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