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No Direction Home: Constitutional Limitations On Washington's Homeless Encampment Ordinances, Jordan Talge
No Direction Home: Constitutional Limitations On Washington's Homeless Encampment Ordinances, Jordan Talge
Washington Law Review
The Washington State Constitution protects the free exercise of religion. It also vests strong police power in local governments. When these two constitutional provisions conflict, the Washington State Supreme Court must draw the line between valid police power action and impermissible burden on free exercise. In City of Woodinville v. Northshore United Church of Christ, a municipal government crossed that line. The City of Woodinville, Washington refused to consider a church’s application to host a homeless encampment. The Court held this outright refusal to be an unjustified infringement on the church’s free exercise of religion. The Court did not, …
Arrested Development: Arizona V. Gant And Article I, Section 7 Of The Washington State Constitution, Jacob R. Brown
Arrested Development: Arizona V. Gant And Article I, Section 7 Of The Washington State Constitution, Jacob R. Brown
Washington Law Review
In Arizona v. Gant, the United States Supreme Court held that the search of a vehicle incident to arrest is permissible in only two situations: (1) when the arrestee is unsecured and within reaching distance of the passenger compartment; or (2) when it is reasonable to believe that evidence relevant to the crime of arrest may be found in the vehicle. Because Gant expressed a standard more protective than that established by the Washington State Supreme Court, Gant induced a state of confusion in Washington, where it has long been maintained that article I, section 7 of the Washington …
Freedom Of Speech In School And Prison, Aaron H. Caplan
Freedom Of Speech In School And Prison, Aaron H. Caplan
Washington Law Review
Students often compare their schools unfavorably to prisons, most often in a tone of rueful irony. By contrast, judicial opinions about freedom of speech within government-run institutions compare schools and prisons without irony or even hesitation. This Article considers whether the analogy between school and prison in free speech cases is evidence that the two institutions share a joint mission. At a macro level, there is an undeniable structural similarity between the constitutional speech rules for schools and prisons. At a micro level, however, there are subtle but significant differences between the two. These arise primarily from the judiciary’s belief …