Our Faculty Scholarship

Do you ever wonder how productive Seattle University’s law faculty is as far as scholarship?  If so, some law professors at Roger Williams Law School have a website that ranks law faculty scholarship.  The data is a bit dated but SU Law ranked number 11 in terms of “per capita productivity.”  Pretty impressive, huh?

Research Guide on Exam Taking Resources

Need help preparing for exams? Consult our online research guide for a bibliography of books and other resources you may find useful for exam preparation.

Anticipating New Regulations

As an attorney, you need to be aware of newly implemented regulations, but you also need to know what’s been proposed and when it’s likely to be implemented. Regulations.gov is designed to make the comment process easier, but you can use it to monitor for upcoming changes. Use the advanced search function if you want to find activity by agency. You can also sign up for emails related to particular regulatory dockets — all for free.

Legal Research Tutorials

There are lots of excellent legal research videos and tutorials freely available on the web. One of the easiest ways to find them is to search You Tube for your research task (statutory, regulatory etc.), plus the words “legal research”. Look for recently posted tutorials– they’ll be more likely to demonstrate search techniques using the most current iterations of Westlaw Next and Lexis Advance.

Congress.gov updates

Several enhancements have been made to Congress.gov including the addition of the popular Federalist Papers. Read about all of the great work on Congress.gov on the law librarians of Congress blog.

Border Patrol Nation: Dispatches from the Front Lines of Homeland Security

Social Justice Monday—April 13, 2015
Submitted by Justin Abbasi, Law Library Intern

The U.S. Department of Homeland Security was established after 9/11 to secure the nation from possible threats. Customs and Border Protection is the largest agency in the Department of Homeland Security, and the largest law enforcement agency in the United States. As a result, the U.S. border has become increasingly militarized with technology and manpower in the name of national security – but at what cost? In the book, Border Patrol Nation, Todd Miller reports on the increasing militarization of both the northern and southern U.S. border and its effects on border communities.

Todd Miller shared his research and experience this Social Justice Monday. If you’re interested in learning more, we have these items in Seattle University’s law library:

Run for the Border: Vice and Virtue in U.S.-Mexico Border Crossings
Steven Bender
Available at SU Law Library LAW-Display
(KF4819.B46 2012)

Publisher’s Description:
“In Run for the Border, Steven W. Bender offers a framework for a more comprehensive border policy through a historical analysis of border crossings, both Mexico to U.S. and U.S. to Mexico. In contrast to recent reform proposals, this book urges reform as the product of negotiation and implementation by cross-border accord; reform that honors the shared economic and cultural legacy of the U.S. and Mexico. Covering everything from the history of Anglo crossings into Mexico to escape law authorities, to vice tourism and retirement in Mexico, to today’s focus on Mexican border-crossing immigrants and drug traffickers, Bender takes lessons from the past 150 years to argue for more explicit and compassionate cross-border cooperation.”

Immigration Law and the US-Mexico Border: ¿sí se puede?
Kevin R. Johnson & Bernard Trujillo
Available at SU Law Library LAW-4th Floor
(KF4819.J643 2011)

Publisher’s Description:
“Americans from radically different political persuasions agree on the need to “fix” the “broken” US immigration laws to address serious deficiencies and improve border enforcement. In Immigration Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico.”

Border Theory: The Limits of Cultural Politics
Scott Michaelsen & David E. Johnson
Available at SU Law Library LAW-Culp Collection (3rd Floor-Range A)
(JC323.B65 1997)

Publisher’s Description:
“The authors gathered in this volume examine the multiple borders that define the United States and the Americas, including the Mason-Dixon line, the U.S.-Canadian border, the shifting boundaries of urban diasporas, and the colonization and confinement of American Indians. They examine the way border studies beckons us to rethink all objects of study and intellectual disciplines as versions of a border problematic.”

Out, Proud and Old: Advocating for LGBT Seniors

Social Justice Monday—March 6, 2015
Submitted by Justin Abbasi, Law Library Intern

Growing attention has been paid to the needs of the aging baby boomer generation and there has been a shift in policies and attitudes toward the LGBT population, but little attention has been given to the intersection of these two groups: elderly people who are lesbian, gay, bisexual or transgender. Studies show that LGBT seniors face more barriers to accessing benefits, services, and justice than their heterosexual counterparts. The National Health, Aging, and Sexuality Study, “Caring and Aging with Pride over Time,” shows that LGBT seniors are less likely to be married or partnered and more likely to be disabled or be in long-term care. They are also more likely to be alienated from family and instead relying on friends who fill the function of family but may not be able to take care of them over the long haul.
Advocacy for LGBT elders is emerging as more elder law and LGBT law attorneys are paying attention to their unique needs. For example, in 2013, in U.S. vs. Windsor, the United States Supreme Court held that the federal interpretation of “marriage” and “spouse” apply only to heterosexual unions and the Defense of Marriage Act was unconstitutional. As a result, the plaintiff, Edith Windsor, was refunded $363,053 in estate taxes she was forced to pay after her married partner, Thea Spyer, passed away.
Three elder law attorneys—Eleanor Doermann ’12, Eileen Schock ’94, and Jamie Clausen—discussed the implications of U.S. vs. Windsor and other areas of advocacy for LGBT seniors including health care, benefits and estate planning.

Gay and lesbian elders: History, Law, and Identity Politics in the United States
By Nancy J. Knauer
Available at SU Law Library LAW-4th Floor (KF4754.5.K59 2011)

Publisher’s Description:
“The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging, isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views of homosexuality in order to provide an introduction to the current generation of gay and lesbian elders, author Nancy J. Knauer goes on to address the invisibility of this community. She examines the multiple double binds central to their identity formation, including ageism among gays and lesbians and homophobia among seniors. Further, the book focuses on specific legal concerns such as estate planning, housing, discrimination, and financial insecurity, and how they impact this community uniquely. Integrating theory with practical questions of policy, and advancing a new understanding of the construction of sexuality and identity, this book advocates meaningful new reforms designed to ensure equity and dignity in aging regardless of sexual orientation.”

The Changing of the Guard: Lesbian and Gay elders, Identity, and Social Change
By Dana Rosenfeld
Available at SU Law Library LAW-Culp Collection (3rd Floor-Range A) (HQ76.3.U5R68 2003)

Publisher’s Description:
“One of the first books to link identity, age, and gender, The Changing of the Guard offers a significant meditation on the politics of older lesbians and gays. Combining interviews and sustained critical thought, Rosenfeld links the development of lesbian and gay elders’ identity with the key moments in the 20th century reinvention of homosexuality. In doing so, she bridges the gap between history and interaction that has characterized—and constrained—previous studies of identity.

Rosenfeld first summarizes the meaning of homosexuality that prevailed when her subjects came of age and the radical changes it underwent during their middle years. She uses these changes to trace the paths they took toward one of two homosexual identities: a discreditable one adopted before the advent of gay liberation, or an accredited one, adopted during and through those momentous years. She theorizes that there is the existence of two distinct identity “cohorts,” shaped by a willingness or resistance to accept the historical forces at work on lesbian and gay identity. Such decisions on identities, Rosenfeld argues, strongly shaped her subjects in later life, specifically their understanding of the nature of homosexuals and their implications for relations with other people, straight and gay alike, as well as for standards of “homosexual competence” they use to assess their own and others’ enactment of homosexuality.
An important book that challenges research on identity and identity formation, The Changing of the Guard rethinks how we have come to understand the meaning of homosexuality.”

Gay, Lesbian, and Transgender Clients: a Lawyer’s Guide
By Joan M. Burda
Available at SU Law Library LAW-4th Floor (KF337.5.G38B87 2008)

Publisher’s Description:
“This book will introduce lawyers and their clients to the legal landscape as it relates to lesbian, gay and transgender persons today. This book provides the opportunity to look at legal issues from different perspectives. In addition to case law, statutes and a discussion of legal issues, this book also introduces the reader to people who make up the lesbian/gay/transgender community.”

Kids Caught in the Middle: Parents, Prison, and the Dependency System

Social Justice Monday – March 30, 2015
Submitted by Justin Abbasi, Law Library Intern

In 2013, there were more than 5,000 dependency cases in Washington State. Parental rights were terminated in nearly 2,000 of those cases. Except in extremely rare cases, parental termination is permanent and cannot be appealed. Some parental termination cases involve horrifying abuse and neglect, but thousands of others stem from mistakes, addictions, and systemic biases in the justice system. African American and Native American children are separated from their parents by the State at twice the rate of white children.

Kimberly Mays and Jason Bragg from Office of Public Defense addressed the systemic barriers that incarcerated parents with open dependency cases face. In particular, they discussed issues regarding visitation with their children, accessing services to help remedy the issue that brought their children into State care, and reuniting with their children. Devon Knowles, professor and director of Seattle University’s Incarcerated Parents Project Clinic, focused on the legal logistics of the dependency system for incarcerated parents. 3L IMAP Board Member and Scholar for Justice Alex Kory moderated the discussion.

Looking to learn more? You may be interested in:

Juvenile Justice in the Making
David S. Tanenhaus
Available at SU Law Library LAW-4th Floor (KF9794.T36 2004)

Publisher’s Description:
In his engaging narrative history of the rise and workings of America’s first juvenile court, David S. Tanenhaus explores the fundamental and enduring question of how the law should treat the young. Sifting through almost 3,000 previously unexamined Chicago case files from the early twentieth century, Tanenhaus reveals how children’s advocates slowly built up a separate system for juveniles, all the while fighting political and legal battles to legitimate this controversial institution. Harkening back to a more hopeful and nuanced age, Juvenile Justice in the Making provides a valuable historical framework for thinking about youth policy.

Juvenile Justice Administration in a Nutshell
Barry C. Feld
Available at SU Law Library LAW-Reserve (KF9780.F45 2014)

Publisher’s Description:
This title focuses exclusively on the criminal and non-criminal misconduct of children that bring them within the jurisdiction of juvenile courts and examines law enforcement, judicial, and administrative responses to that misconduct. It deals with issues of children’s rights only insofar as they relate to the processes of investigating and prosecuting juvenile offenders for delinquency and status-offenses. Like all Nutshells, it strives to provide a succinct exposition of the law for students studying juvenile justice, for lawyers who do not regularly practice in juvenile court, and for legislators and policy officials involved in juvenile justice law reform efforts.

The Orphan Master’s Son: A Novel
Adam Johnson
Available at SU Law Library LAW-Walkover Collection (2nd Floor) (PS3610.O3O76 2013)

Publisher’s Description:
Pak Jun Do is the haunted son of a lost mother—a singer “stolen” to Pyongyang—and an influential father who runs a work camp for orphans. Superiors in the state soon recognize the boy’s loyalty and keen instincts. Considering himself “a humble citizen of the greatest nation in the world,” Jun Do rises in the ranks. He becomes a professional kidnapper who must navigate the shifting rules, arbitrary violence, and baffling demands of his Korean overlords in order to stay alive. Driven to the absolute limit of what any human being could endure, he boldly takes on the treacherous role of rival to Kim Jong Il in an attempt to save the woman he loves, Sun Moon, a legendary actress “so pure, she didn’t know what starving people looked like.”

$15.00 an Hour: A Math Problem, a Political Problem or a Poverty Problem?

Social Justice Monday—March 23, 2015
Submitted by Justin Abbasi, Law Library Intern

Last spring, the Seattle City Council voted unanimously to raise the minimum wage in Seattle to $15.00 an hour. This increase will take place over a period of three to seven years depending on the size of the business, whether the business provides health insurance, and whether workers are compensated through tips. While the passage of this increase is being celebrated by many, it is raising concern for others who may struggle with increased labor costs.
Speakers discussed how the new wage increase benefits workers but also may hurt businesses; speakers included: Karina Bull, with the Seattle Office for Civil Rights (SOCR) for eight years; SU Adjunct Professor Kenneth Diamond; worker advocate Marty Garfinkel; SU Law Professor Russell Powell; and Brianna Thomas, who is running for Seattle City Council member for District 1. In addition, local business owners joined the discussion and explained the law’s impact on their businesses.

Employment Law
By Mark A. Rothstein, Charles B. Craver, Elinor P. Schroeder, & Elaine W. Shoben
Available at SU Law Library LAW-Reserve (KF3455.E468 2010)

Publisher’s Description:
“Organized chronologically, this book proceeds through the employment relationship, from formation, through terms and conditions of employment, to termination. In-depth discussion of current topics: the Family and Medical Leave Act of 1993, HIV-infected workers, affirmative action, comparable worth, health insurance benefits, family leave, restrictive covenants, trade secrets, plant closing laws, and pensions. Throughout the two volumes, procedural and substantive aspects are covered relating to issues that arise on the job. Includes case and statutory references, plus an index to speed research.”

Employee Benefits Law
By Jeffrey Lewis, Myron D. Rumeld, and Ivelisse Berio LeBeau
Available at SU Law Library LAW-4th Floor (KF3509.E58 2012)

Publisher’s Description:
“The treatise covers such important recent cases as CIGNA Corp. v. Amara, Conkright v. Frommert, Hardt v. Reliance Standard Life Insurance Co., and Metropolitan Life Insurance Co. v. Glenn. It also covers the 2010 health care reform acts: the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010.

The Third Edition includes thorough discussion of the law governing breach of fiduciary duty and prohibited transaction claims, including commonly litigated areas such as employer securities, service provider fees, and fiduciary misrepresentations. It offers comprehensive coverage of ERISA preemption, including all significant cases on this complex issue and analyzes issues such as preemption’s effect on state and local government attempts to mandate health benefits.”

Marginal Workers: How Legal Fault Lines Divide Workers and Leave them without Protection
Ruben J. Garcia
Available at SU Law Library LAW-4th Floor (KF3464.G37 2012)

Publisher’s Description: “Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection.

In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.”

Baseball and the Law

It’s almost Spring and with it, Spring Training for Major League Baseball. So what does that have to do with law? Apparently, quite a bit. Disbelievers can look at “Baseball and the American Legal Mind,” a book in our library (KF 3989.A75B37 on the 4th floor). It collects a number of law review articles tying baseball and the law. It also republishes major judicial opinions related to baseball. It includes the classic law review article that every law student should be aware of: “The Common Law Origins of the Infield Fly Rule.” And to think many characterize law school scholarship as frivolity.