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Articles 91 - 114 of 114
Full-Text Articles in Law
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
"No Handicapped People Allowed": The Need For Objective Accessibiity Standards Under The Fair Housing Act, Michael J. Jeter
Washington Law Review
The Fair Housing Act (FHA or the Act) sets forth accessibility requirements that housing developers must meet, but the Act does not contain objective performance standards for satisfying those requirements. This omission creates substantial barriers in housing opportunities for persons with disabilities. For example, the FHA mandates that doors must be wide enough to allow passage of wheelchair users, but it does not provide measurements for door width. The United States Department of Housing and Urban Development (HUD) has attempted to use ten model building codes or “safe harbors” from its regulations as minimal objective standards for accessibility. HUD and …
Our Corrosive Oceans: Exploring Regulatory Responses And A Possible Role For Tribes, Weston R. Lemay
Our Corrosive Oceans: Exploring Regulatory Responses And A Possible Role For Tribes, Weston R. Lemay
Washington Law Review
The world’s oceans act as a carbon sink, absorbing roughly twenty-five percent of humanity’s carbon dioxide emissions. As a result, ocean acidity has increased sixty percent since the beginning of the industrial era. Acidification is a burgeoning ocean health crisis—present levels of acidity already threaten species of oyster, plankton, and salmon. Disturbingly, the capacity of the American legal system to respond is unclear: the complexity of climate change-related harms typically precludes a remedy at common law. With respect to mitigating near-shore acidification, this Comment argues that a regulatory strategy utilizing the Clean Water Act’s Total Maximum Daily Load (TMDL) regime …
Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu
Real-Name Registration Rules And The Fading Digital Anonymity In China, Jyh-An Lee, Ching-Yi Liu
Washington International Law Journal
China has implemented comprehensive online real-name registration rules, which require Internet users to disclose their identities. Chinese national law has required most online service providers to implement real-name registration since 2012. This article uses the real-name registration rules to illustrate the supremacy and limitations of the Network Authoritarian Model (NAM), an approach leveraging corporate resources for political surveillance and occasionally adopted by the Chinese party-state. By addressing the evolution of real-name registration rules in China, this article illustrates the party-state’s gradual efforts in both eliminating cyberspace anonymity and etching Chinese characteristics on the architecture of the Internet. Although the Chinese …
The Laws Of Asian International Business Transactions, Gilles Cuniberti
The Laws Of Asian International Business Transactions, Gilles Cuniberti
Washington International Law Journal
The purpose of this article is to assess the preferences of parties to Asian international business transactions when they choose the law governing their contracts. To that end, I conducted an empirical analysis of unpublished data of the four main arbitral institutions active in Asia (outside Mainland China) for the years 2011 and 2012. I found that three laws dominate the Asian market for international contracts: English law, U.S. law, and, to a lesser extent, Singapore law. This article makes three contributions. First, it documents the regional variations in parties’ preferences: the laws which are successful in Asia are different …
Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Benjamin Minhao Chen, Zhiyu Li
Explaining Comparative Administrative Law: The Standing Of Positive Political Theory, Benjamin Minhao Chen, Zhiyu Li
Washington International Law Journal
The principal-agent model of administrative law sees bureaucrats as imperfectly supervised agents of their political principals and courts as a tool used by the latter to monitor and check the former. This paper compares how the class of plaintiffs authorized to bring suit against governmental bodies has been defined in three countries where one should expect to find significant barriers to administrative litigation—Japan, Singapore, and the People’s Republic of China. Although these three Asian countries have traditionally been one-party dominated states, we do observe substantial differences in how legislatures and courts have addressed the issue of standing over time. It …
Interpretation Of The Supreme People's Court On Several Issues Concerning The Application Of "Administrative Ligitation Law Of The People's Republic Of China", Benjamin Minhao Chen, Zhiyu Li
Interpretation Of The Supreme People's Court On Several Issues Concerning The Application Of "Administrative Ligitation Law Of The People's Republic Of China", Benjamin Minhao Chen, Zhiyu Li
Washington International Law Journal
For the proper application of the “Administrative Litigation Law of the People’s Republic of China” amended at the 11th session of the Standing Committee of the Twelfth National People's Congress, in consideration of the actual circumstances of the people’s courts, the interpretation on the application of the relevant provisions is hereby issued as follows:
Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu
Supreme People's Court Annual Report On Intellectual Property Cases (2015) (China), Xiaohan Lou, Mingyuan Song, Chao Yu
Washington International Law Journal
The Supreme People’s Court of China began publishing its Annual Report on Intellectual Property Cases in 2008. The annual reports, published in April each year, summarize and review new intellectual property cases. This translation includes all 32 cases and 38 legal issues of the 2015 Annual Report. It addresses various areas of law related to intellectual property, including patent law, trademark law, copyright law, unfair competition law, antitrust law, new plant product patent law, and laws related to procedural and evidentiary issues in intellectual property cases. While China is not a common law country, these cases serve as guidelines for …
Trial By One's Peers: The Need To Expand Japan's Lay Judge System, Harrison L.E. Owens
Trial By One's Peers: The Need To Expand Japan's Lay Judge System, Harrison L.E. Owens
Washington International Law Journal
As a civil law-based country, Japan’s legal system has historically placed a strong emphasis on the formalistic application of code provisions to cases by professional judges without a jury. Within the criminal justice system, prosecutors have played a highly significant role in all cases. They exclusively make the decision to indict an alleged criminal, conduct investigation of crimes, initiate a criminal case, and they also control and supervise enforcement of a conviction. In addition, the Prosecutors Office of Japan has historically emphasized the need to obtain a high rate of convictions to maintain the Japanese public’s trust in, and high …
End Of The Parallel Between Patent Law's § 284 Willfullness And § 285 Exceptional Case Analysis, Don Zhe Nan Wang
End Of The Parallel Between Patent Law's § 284 Willfullness And § 285 Exceptional Case Analysis, Don Zhe Nan Wang
Washington Journal of Law, Technology & Arts
Patent law’s “willful infringement” analysis under 35 U.S.C. § 284 and the “exceptional case” analysis under 35 U.S.C. § 285 are largely considered parallel, and essentially identical. In 2014, the Supreme Court of the United States drastically changed the standards for the § 285 exceptional case analysis in its Octane Fitness, LLC v. ICON Health & Fitness, Inc. and Highmark Inc. v. Allcare Health Management System, Inc. decisions. This prompted two federal circuit judges to call for similar changes to the § 284 willful infringement analysis. On October 19, 2015, the Supreme Court granted certiorari to review whether such a …
Managing Boundary Management: A Reply To Professor Kaminski, Ryan Calo
Managing Boundary Management: A Reply To Professor Kaminski, Ryan Calo
Washington Law Review Online
This piece is a response to Margot Kaminski, https://digitalcommons.law.uw.edu/wlr/vol90/iss3/3/">Regulating Real-World Surveillance, 90 Wash. L. Rev. 1113 (2015).
The Once And Future Promise Of Access To Justice In Washington's Article I, Section 10, Debra Stephens
The Once And Future Promise Of Access To Justice In Washington's Article I, Section 10, Debra Stephens
Washington Law Review Online
This Essay is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015.
Evaluating International State Constitutionalism, Johanna Kalb
Evaluating International State Constitutionalism, Johanna Kalb
Washington Law Review Online
This Essay is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015.
"Does Oregon's Constitution Need A Due Process Clause?" Thoughts On Due Process And Other Limigations On State Action, Thomas A. Balmer
"Does Oregon's Constitution Need A Due Process Clause?" Thoughts On Due Process And Other Limigations On State Action, Thomas A. Balmer
Washington Law Review Online
During a legislative hearing last year, an Oregon state senator asked, “Does Oregon’s Constitution need a due process clause?” That question raises fundamental issues of constitutional law and of the relationship between the federal and state constitutions. Can and should state courts rely primarily on federal constitutional principles, made applicable to the states through the Fourteenth Amendment’s Due Process Clause, in deciding critical questions about the rights of criminal defendants, freedom of speech and religion, and equal protection? Or should state courts focus on their own constitutions—state due process, equal privileges and immunities, and similar “great ordinances” or more specific …
True Belief: An Analysis Of The Definition Of "Knowledge" In The Washington Criminal Code, Alan R. Hancock
True Belief: An Analysis Of The Definition Of "Knowledge" In The Washington Criminal Code, Alan R. Hancock
Washington Law Review Online
In State v. Allen, the Washington State Supreme Court reaffirmed State v. Shipp, holding that in order for a defendant to have “knowledge” for purposes of the Washington Criminal Code, the defendant must have actual, subjective knowledge of the fact in issue. However, glaring problems still remain with the statutory definition of the term “knowledge.”
Exception To The Rule: Relaxing The Standard For Intentional Torts Under The Industrial Insurance Act, Brad Westmoreland
Exception To The Rule: Relaxing The Standard For Intentional Torts Under The Industrial Insurance Act, Brad Westmoreland
Washington Law Review Online
In Walston v. Boeing, the Supreme Court of Washington upheld a standard used to determine whether a worker injured by his employer’s deliberate intent to expose him to toxic materials could pursue remedies outside of the state’s workers’ compensation system. The Birklid standard—which requires claimants seeking remedies under the “deliberate intention” exception to show that an employer willfully disregarded actual knowledge that an injury was certain to occur—effectively prevents toxic exposure claimants from surviving motions for summary judgment. This result runs in strict contravention of the Legislature’s purpose in enacting both the deliberate intention exception and the Industrial …
Mccleary: Positive Rights, Separation Of Powers, And Taxpayer Protections In Washington's State Constitution, Kristen L. Fraser
Mccleary: Positive Rights, Separation Of Powers, And Taxpayer Protections In Washington's State Constitution, Kristen L. Fraser
Washington Law Review Online
No abstract provided.
Utter Lessons, Ronald K.L. Collins
Utter Lessons, Ronald K.L. Collins
Washington Law Review Online
This Tribute is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015.
Justice Robert Utter, The Supreme Court Of Washington, And The New Judicial Federalism: Judging And Teaching?, Robert F. Williams
Justice Robert Utter, The Supreme Court Of Washington, And The New Judicial Federalism: Judging And Teaching?, Robert F. Williams
Washington Law Review Online
This is an expanded version of a talk given at a conference in Seattle, Washington organized by Professor Hugh Spitzer, an accomplished state constitutional law scholar, to honor the contributions of Justice Robert Utter to the field of state constitutional law, both in Washington State and the nation.
Popular Constitutionalism And Its Enemies, G. Alan Tarr
Popular Constitutionalism And Its Enemies, G. Alan Tarr
Washington Law Review Online
This Essay is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015.
Upsteam Advocacy: Addressing Cancer Survivors' Employment Problems Through Medical-Legal Partnerships, Barbara Hoffman
Upsteam Advocacy: Addressing Cancer Survivors' Employment Problems Through Medical-Legal Partnerships, Barbara Hoffman
Washington Law Review Online
This is a response to Ann C. Hodges, Working with Cancer: How the Law Can Help Survivors Maintain Employment, 90 Wash L. Rev. 1039.
Exhaustion Of Administrative Remedies In Washington State
Exhaustion Of Administrative Remedies In Washington State
Washington Law Review Online
The doctrine of exhaustion of administrative remedies requires plaintiffs to exhaust all available administrative appeals before challenging an agency’s action in court. Washington courts describe exhaustion requirements, thresholds, and exceptions with varying degrees of consistency and frequent muddled overlap. Despite the fact that administrative exhaustion widely impacts Washington litigants, the secondary literature on the topic is fairly sparse. And, given the doctrine’s confusing and harsh nature, it can bar judicial review of valid claims. This article aims to address both of these issues. First, we offer a comprehensive review of the doctrine as it currently stands, with the intent of …
Undermining Bitcoin, Sam Hampton
Undermining Bitcoin, Sam Hampton
Washington Journal of Law, Technology & Arts
In March 2014, the IRS issued a notice detailing the tax treatment the agency would apply to virtual currencies such as Bitcoin. Although applauded by some as a step towards legal legitimacy for this new technology, the IRS’s position severely undermines the transactional utility of virtual currencies. Using tax rules established for traditional property transactions frustrates one of virtual currencies’ principal purposes: its use as a medium of exchange. Tax compliance requires calculation and payment of capital gains tax, which necessitates documentation of all acquisitions and dispositions of virtual currencies. This tax treatment will likely discourage the use of these …
Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services, Brennen J. Johnson
Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services, Brennen J. Johnson
Washington Journal of Law, Technology & Arts
The First Amendment protects not only our right to share ideas, but also to some extent, our right to choose the specific method by which we share them. Generally speaking, these protections apply to inmates’ rights to communicate with those outside of prison. However, the protection of those rights must be balanced with the penological interests of prisons and jails. Electronic messaging has now become a standard form of communication within most American homes and businesses. Accordingly, the Federal Bureau of Prisons has implemented the TRULINCS program, a program which allows inmates to communicate with those outside of prison through …
Much Ado About Transformativeness: The Seventh Circuit And Market-Centered Fair Use, Aaron B. Wicker
Much Ado About Transformativeness: The Seventh Circuit And Market-Centered Fair Use, Aaron B. Wicker
Washington Journal of Law, Technology & Arts
In Kienitz v. Sconnie Nation LLC, the U.S. Court of Appeals for the Seventh Circuit ultimately rejected the concept of transformative use having a central role within the doctrine of fair use. In doing so, the Seventh Circuit broke with judicial precedent, namely the Supreme Court’s holding in Campbell v. Acuff-Rose Music, Inc., where the Court unanimously held that the inquiry for the first factor of fair use is whether, and to what extent, the work is transformative. The Seventh Circuit’s 2014 decision raises questions about the scope of the holding in Campbell and about whether this holding …