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Articles 1 - 30 of 67
Full-Text Articles in Law
When Your Body Is Your Business, Morgan Holcomb, Mary Patricia Byrn
When Your Body Is Your Business, Morgan Holcomb, Mary Patricia Byrn
Washington Law Review
Surrogacy in the United States is a multi-million dollar industry in which well paid professionals seek out specially qualified women to fill the difficult job of being a surrogate. Surrogates enter lengthy contracts in which they agree, in intricate and intimate detail, to provide a service for significant compensation—as a group, surrogates in the United States are paid well over $22 million per year. This Article argues that surrogates are professionals in this for-profit industry and are required to report surrogacy compensation as income. As a corollary, surrogates may deduct most of their surrogacy-related expenses as business deductions. Being a …
Article I, Section 11: A Poor "Plan B" For Washington's Religious Pharmacists, Noel E. Horton
Article I, Section 11: A Poor "Plan B" For Washington's Religious Pharmacists, Noel E. Horton
Washington Law Review
In Stormans, Inc. v. Selecky, a group of Washington pharmacists contended their religious beliefs precluded them from dispensing the drug Plan B, a post-coital emergency contraceptive. They based their argument on rights conferred by the Free Exercise Clause of the First Amendment to the United States Constitution. A United States District Court found in the pharmacists’ favor and enjoined enforcement of rules issued by the Washington State Board of Pharmacy requiring pharmacies to deliver medications. The Ninth Circuit reversed, finding that the district court erroneously applied a heightened level of scrutiny to a neutral law of general applicability. Interestingly, …
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, …
The Terrorist Informant, Wadie E. Said
The Terrorist Informant, Wadie E. Said
Washington Law Review
A man sets himself on fire in front of the White House in a dispute with the Federal Bureau of Investigation (FBI). He has been working as an informant for the FBI in a high-profile terrorism prosecution and is unhappy with the $100,000 he has been paid so far. He has also been recently convicted of bank fraud. As a result, the government declines to call him as a witness, given the damage his actions have on his credibility and trustworthiness. This incident underscores the difficulty inherent in relying on paid informants to drive a prosecution, where material considerations such …
Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu
Neutralizing Actual Controversy: How Patent Holders Can Reduce The Risk Of Declaratory Judgment In Patent Disputes, Homer Yan-Hsien Hsu
Washington Journal of Law, Technology & Arts
Alleged patent infringers may bring declaratory judgment actions against patentees when actual controversies exist over infringement or validity. Such declaratory judgment actions are important strategic tools because they allow alleged infringers to take initiative and bring actions, thereby eliminating the risk of doing business without knowing whether continued product use would constitute infringement. Declaratory judgment actions also provide alleged infringers an opportunity to choose the forum in which to bring their suits. In order to bring such an action, however, there must be an actual controversy between the parties to establish standing. The United States Supreme Court’s 2007 decision in …
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Death Of The Spam Wrangler: Can-Spam Private Plaintiffs Required To Show Actual Harm, Susuk Lim
Washington Journal of Law, Technology & Arts
In Gordon v. Virtumundo, the United States Court of Appeals for the Ninth Circuit published its first opinion on private plaintiff standing requirements for actions under the federal CAN-SPAM Act. The court strictly interpreted CAN-SPAM’s enforcement language, rejecting attempts by professional litigants to insert themselves into CAN-SPAM’s limited private right of action. This Article analyzes Gordon’s treatment of CAN-SPAM’s private right of action and federal preemption provisions. It concludes by assessing the decision’s expected effect on future spam-related litigation.
Inducement Or Solicitation? Competing Interpretation Of The "Underlying Illegality" Test In The Wake Of Roommates.Com, Jeffrey R. Doty
Inducement Or Solicitation? Competing Interpretation Of The "Underlying Illegality" Test In The Wake Of Roommates.Com, Jeffrey R. Doty
Washington Journal of Law, Technology & Arts
In Fair Housing Council of San Fernando Valley v. Roommates.com, the United States Court of Appeals for the Ninth Circuit held that a Web site operator loses the immunity granted by section 230 of the Communications Decency Act by materially contributing to the alleged illegality of its third-party content. Subsequent case law seems to reflect two different standards for determining when this “underlying illegality” test is satisfied. Most courts have adopted a narrow reading of Roommates.com, denying immunity only when a Web site has explicitly requested illegal content. In NPS LLC v. StubHub, Inc., however, a Massachusetts …
Outsider Hacking And Insider Trading: The Expansion Of Liability Absent A Fiduciary Duty, James A. Jones Ii
Outsider Hacking And Insider Trading: The Expansion Of Liability Absent A Fiduciary Duty, James A. Jones Ii
Washington Journal of Law, Technology & Arts
In January 2008, the United States District Court for the Southern District of New York held that trading put options of a company’s stock based on inside information allegedly obtained by hacking into a computer network did not violate antifraud provisions of federal securities law. The court ruled that the defendant’s alleged “hacking and trading” did not amount to a violation of section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, promulgated thereunder, because there was no proof the hacker breached a fiduciary duty in obtaining the information. The United States Court of Appeals for the Second …
Location Surveillance By Gps: Balancing An Employer's Business Interest With Employee Privacy, Kendra Rosenberg
Location Surveillance By Gps: Balancing An Employer's Business Interest With Employee Privacy, Kendra Rosenberg
Washington Journal of Law, Technology & Arts
Employers are increasingly using GPS tracking devices as business tools to monitor employee movements. Recent judicial decisions have found an employer’s interest in using location surveillance on employer-owned property generally trumps an employee’s privacy interests. However, employers deciding to use GPS should be aware of the potential limitations on tracking an employee based on state constitutional, statutory, and common law rights to privacy. This Article focuses on the permissible scope of an employer’s use of GPS to track employees in the workplace.
Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan
Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan
Washington Law Review
The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
Washington Law Review
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
Washington Law Review
In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …
Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings
Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings
Washington Law Review
The Washington State Constitution makes education Washington State’s top priority. Article IX, section 1 proclaims that “[i]t is the paramount duty of the state to make ample provision for the education of all children residing within its borders . . . .” In the 1978 case of Seattle School District v. State, the Washington State Supreme Court interpreted this language as a command to the state legislature. The Court ordered the legislature to fulfill its constitutional duty by defining and fully funding “basic education” and a “basic program of education.” The legislature attempted to comply by passing and subsequently …
Distinguishing Carcieri V. Salazar: Why The Supreme Court Got It Wrong And How Congress And The Courts Should Respond To Preserve Tribal And Federal Interests In The Ira's Trust-Land Provisions, Sarah Washburn
Washington Law Review
Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time the IRA was enacted in 1934. The Carcieri Court then determined that the Narragansett tribe, which obtained federal recognition in 1983 under the 25 C.F.R. Part 83 recognition process, had not proven that it was under federal jurisdiction in 1934. Carcieri …
Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard
Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard
Washington Law Review
Voters adopted Washington’s Public Records Act (PRA) in 1972 as part of a broader ballot measure to enhance openness in state government. The PRA requires state government agencies, including statewide agencies and municipalities, to establish procedures so that the public can request copies of records agencies generate. The PRA exempts certain records from disclosure, and other statutes and case law supply additional exemptions. When an agency refuses to disclose records, the requester may ask a court to determine whether an exemption applies. If no exemption applies, the court may compel disclosure of the records and impose monetary penalties against the …
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
Washington Law Review
In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
Washington Law Review
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
State V. Grier And The Erroneous Adoption Of The "Punishment-Based" Standard Of Review For Ineffective Assistance Of Counsel Claims Based On All-Or-Nothing Strategies, Jacque St. Romain
Washington Law Review
In June 2009, the Washington State Court of Appeals, Division II, reversed Kristina Grier’s second-degree murder conviction in State v. Grier. The court concluded that Grier had received ineffective assistance of counsel because her attorney failed to request jury instructions for any lesser-included offenses, choosing instead to pursue an all-or-nothing defense strategy. That same month, Division I issued a contrary opinion, finding the pursuit of an all-or-nothing strategy reasonable. The Washington State Supreme Court has granted certiorari and will soon hear oral arguments in Grier. This Comment reviews federal and state courts’ approaches to questions of ineffective assistance of …
Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings
Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings
Washington Law Review
The Washington State Constitution makes education Washington State’s top priority. Article IX, section 1 proclaims that “[i]t is the paramount duty of the state to make ample provision for the education of all children residing within its borders . . . .” In the 1978 case of Seattle School District v. State, the Washington State Supreme Court interpreted this language as a command to the state legislature. The Court ordered the legislature to fulfill its constitutional duty by defining and fully funding “basic education” and a “basic program of education.” The legislature attempted to comply by passing and subsequently …
Distinguishing Carcieri V. Salazar: Why The Supreme Court Got It Wrong And How Congress And The Courts Should Respond To Preserve Tribal And Federal Interests In The Ira's Trust-Land Provisions, Sarah Washburn
Washington Law Review
Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time the IRA was enacted in 1934. The Carcieri Court then determined that the Narragansett tribe, which obtained federal recognition in 1983 under the 25 C.F.R. Part 83 recognition process, had not proven that it was under federal jurisdiction in 1934. Carcieri …
Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard
Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard
Washington Law Review
Voters adopted Washington’s Public Records Act (PRA) in 1972 as part of a broader ballot measure to enhance openness in state government. The PRA requires state government agencies, including statewide agencies and municipalities, to establish procedures so that the public can request copies of records agencies generate. The PRA exempts certain records from disclosure, and other statutes and case law supply additional exemptions. When an agency refuses to disclose records, the requester may ask a court to determine whether an exemption applies. If no exemption applies, the court may compel disclosure of the records and impose monetary penalties against the …
Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan
Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan
Washington Law Review
The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
The Racial Geography Of The Federal Death Penalty, G. Ben Cohen, Robert J. Smith
Washington Law Review
Scholars have devoted substantial attention to both the overrepresentation of black defendants on federal death row and the disproportionate number of federal defendants charged capitally for the murder of white victims. This attention has not explained (much less resolved) these disquieting racial disparities. Little research has addressed the unusual geography of the federal death penalty, in which a small number of jurisdictions are responsible for the vast majority of federal death sentences. By addressing the unique geography, we identify a possible explanation for the racial distortions in the federal death penalty: that federal death sentences are sought disproportionately where the …
Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard
Procedural Rules Under Washington's Public Records Act: The Case For Agency Discretion, William D. Richard
Washington Law Review
Voters adopted Washington’s Public Records Act (PRA) in 1972 as part of a broader ballot measure to enhance openness in state government. The PRA requires state government agencies, including statewide agencies and municipalities, to establish procedures so that the public can request copies of records agencies generate. The PRA exempts certain records from disclosure, and other statutes and case law supply additional exemptions. When an agency refuses to disclose records, the requester may ask a court to determine whether an exemption applies. If no exemption applies, the court may compel disclosure of the records and impose monetary penalties against the …
Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan
Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Kelly H. Sheridan
Washington Law Review
The torts of negligent hiring, supervision, and retention place a duty on employers to prevent their employees from using the places, things, or tasks entrusted to them to harm foreseeable victims. The negligent employment torts create an independent duty under which plaintiffs may pursue an action when suits brought under a vicarious liability or breach of fiduciary duty theory would fail. For victims of sexual misconduct by religious leaders, negligent supervision claims against religious organizations are a crucial means of remedying serious and lasting injuries. Washington state law recognizes negligent supervision, and Washington courts have applied it to religious organizations, …
Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings
Washington State's Duty To Fund K-12 Schools: Where The Legislature Went Wrong And What It Should Do To Meet Its Constitutional Obligation, Daniel C. Stallings
Washington Law Review
The Washington State Constitution makes education Washington State’s top priority. Article IX, section 1 proclaims that “[i]t is the paramount duty of the state to make ample provision for the education of all children residing within its borders . . . .” In the 1978 case of Seattle School District v. State, the Washington State Supreme Court interpreted this language as a command to the state legislature. The Court ordered the legislature to fulfill its constitutional duty by defining and fully funding “basic education” and a “basic program of education.” The legislature attempted to comply by passing and subsequently …
Distinguishing Carcieri V. Salazar: Why The Supreme Court Got It Wrong And How Congress And The Courts Should Respond To Preserve Tribal And Federal Interests In The Ira's Trust-Land Provisions, Sarah Washburn
Washington Law Review
Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time the IRA was enacted in 1934. The Carcieri Court then determined that the Narragansett tribe, which obtained federal recognition in 1983 under the 25 C.F.R. Part 83 recognition process, had not proven that it was under federal jurisdiction in 1934. Carcieri …
Communications Decency Act Provides No Safe Harbor Against Antifraud Liability For Hyperlinks To Third-Party Content Under The Securities And Exchange Act, Sheri Wardwell
Washington Journal of Law, Technology & Arts
In 2008, the U.S. Securities and Exchange Commission (SEC) released interpretive guidelines regarding antifraud liability for statements and disclosures made on company Web sites. The SEC noted that a company may incur both criminal and civil liability under section 10(b) of the Securities Exchange Act and Rule 10b-5 for hyperlinks to third-party content. However, the Communications Decency Act, 47 U.S.C. § 230(c), expressly preempts civil liability for interactive computer service providers that post hyperlinks to third-party content on their Web sites. This Article examines whether section 230 immunizes companies from civil liability for hyperlinks to third-party content despite the SEC’s …
Legal Liability, Intellectual Property And Genetically Modified Crops: Their Impact On World Agriculture, Kanchana Kariyawasam
Legal Liability, Intellectual Property And Genetically Modified Crops: Their Impact On World Agriculture, Kanchana Kariyawasam
Washington International Law Journal
The use of genetic engineering and biotechnology in agriculture has attracted worldwide attention over the past decade. This technology has raised highly controversial issues and considerable international debate over the liabilities associated with crops containing genetically modified organisms (“GMOs”). In particular, the extension of intellectual property protection to GMOs, especially genetically modified crops, has produced one of the most controversial and strenuous debates of recent times. After looking briefly at some of the key features, advantages and disadvantages of GM crops, this paper outlines the debate over the associated legal liability issues. This article also examines the major elements of …
Mōri V. Japan: The Nagoya High Court Recognizes The Right To Live In Peace, Hudson Hamilton
Mōri V. Japan: The Nagoya High Court Recognizes The Right To Live In Peace, Hudson Hamilton
Washington International Law Journal
The following is a translation of the Nagoya High Court’s decision in Mōri v. Japan, a case challenging the constitutionality of Japan’s deployment of its Self-Defense Forces (“SDF”) to the Middle East in connection with the United States-led occupation of Iraq. Beginning in December of 2003, Japan deployed ground and air forces of the SDF to the Middle East, including three C-130H “Hercules” transport aircraft which were used to airlift coalition forces and supplies between Kuwait and Baghdad. In response, more than 5,700 citizens, represented by over 800 attorneys, filed lawsuits in eleven district courts across the country in …