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Full-Text Articles in Law

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang Jan 2022

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang

Articles

No abstract provided.


Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer Jan 2022

Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer

Articles

An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather than a workable theory or standard for deciding constitutional law cases. This article discusses the history and use of “unconstitutional beyond a reasonable doubt,” …


A Series Of Missed Opportunities: The Washington Supreme Court's Lapse In Recognizing And Advancing Washington's Due Process Jurisprudence, Holly Broadbent Jan 2022

A Series Of Missed Opportunities: The Washington Supreme Court's Lapse In Recognizing And Advancing Washington's Due Process Jurisprudence, Holly Broadbent

Selected Articles on Washington State Constitution History

No abstract provided.


Reshaping Washington's Public Lands Trust Doctrine, Audrey Bell Jan 2022

Reshaping Washington's Public Lands Trust Doctrine, Audrey Bell

Selected Articles on Washington State Constitution History

In this paper, I will discuss how Washington state’s trust duties related to federally-granted public lands management have and have not been reconciled with article XVI, section 1 of the Washington constitution. First, I will provide a foundation for the management of federally-granted public lands and the storied history of Congress's intent in providing land grants to the states. Next, I will examine the provisions of the Enabling Act of 1889 ("Enabling Act") and the Washington constitution that govern the management of those granted lands. Third, I will chart the historical treatment of Washington state trust duties related to the …


Batting Two-For-Eleven: Tim Eyman's Initiatives And The Washington Supreme Court, Taylor N. Larson Jan 2022

Batting Two-For-Eleven: Tim Eyman's Initiatives And The Washington Supreme Court, Taylor N. Larson

Selected Articles on Washington State Constitution History

No abstract provided.