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Articles 61 - 86 of 86
Full-Text Articles in Law
Separation Of Religion And State In Japan: A Pragmatic Interpretation Of Articles 20 And 89 Of The Japanese Constitution, Andrew B. Van Winkle
Separation Of Religion And State In Japan: A Pragmatic Interpretation Of Articles 20 And 89 Of The Japanese Constitution, Andrew B. Van Winkle
Washington International Law Journal
Article 20 of Japan’s Constitution establishes freedom of religion. To protect this freedom, the provisions of Articles 20 and 89 separate religion from the state to prevent the return of State Shintō. Despite this separation, the Japanese Supreme Court has consistently upheld instances where state entities interact with religious groups. These decisions have raised the ire of numerous academics and legal professionals in and out of Japan who believe that Japan’s constitutional separation requires absolute separation, or at least something more stringent than the Supreme Court has been willing to find. Although this comment rejects the approach taken by the …
Malaysia's World Trade Organization Challenge To The European Union's Renewable Energy Directive: An Economic Analysis, Michael W. Meredity
Malaysia's World Trade Organization Challenge To The European Union's Renewable Energy Directive: An Economic Analysis, Michael W. Meredity
Washington International Law Journal
Recent negotiations between Malaysia and the European Union (“EU”), aimed at establishing a free trade agreement, have come to a standstill, due in part to a policy implemented by the EU known as the Renewable Energy Directive. The Renewable Energy Directive grants a tax credit to renewable fuel sources that emit at least 35% less greenhouse gas than traditional fossil fuels. Malaysian officials have criticized the 35% level included in the EU policy because it grants a tax credit to rapeseed oil biofuel, produced mainly in Europe (which emits 38% less greenhouse gas than traditional fossil fuels), but does not …
Graham On The Ground, Cara H. Drinan
Graham On The Ground, Cara H. Drinan
Washington Law Review
In Graham v. Florida, the U.S. Supreme Court held that it is unconstitutional to sentence a non-homicide juvenile offender to life in prison without parole. While states need not guarantee release to these juvenile offenders, they cannot foreclose such an outcome at the sentencing phase. Scholars have identified several long-term ramifications of Graham, including its likely influence on juvenile sentencing practices and on retributive justice theory. As yet unexamined, though, are the important and thorny legal questions that Graham raises for state judges and lawmakers in the very short term. To whom does the Graham decision apply? What …
Driving Dangerously: Vehicle Flight And The Armed Career Criminal Act After Sykes V. United States, Isham M. Reavis
Driving Dangerously: Vehicle Flight And The Armed Career Criminal Act After Sykes V. United States, Isham M. Reavis
Washington Law Review
The Armed Career Criminal Act (ACCA), a federal “three-strikes” recidivist statute, applies a mandatory enhancement to sentences of criminal defendants previously convicted of three qualifying predicate crimes. In Sykes v. United States the U.S. Supreme Court held that a conviction for fleeing police by car counted as a predicate under ACCA’s residual provision for crimes that “otherwise involve conduct that presents a serious potential risk of physical injury to another.” ACCA’s residual provision has produced a confusing series of U.S. Supreme Court decisions, each applying a different method for determining its scope. Though Sykes borrows methods from each of these …
High-Tech Harassment: Employer Liability Under Title Vii For Employee Social Media Misconduct, Jeremy Gelms
High-Tech Harassment: Employer Liability Under Title Vii For Employee Social Media Misconduct, Jeremy Gelms
Washington Law Review
Workplace harassment has traditionally occurred within the “four walls” of the workplace. In Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth the U.S. Supreme Court recognized that employers are liable under Title VII of the 1964 Civil Rights Act for harassment that is sufficiently severe or pervasive to alter the employee’s work environment. The rise in social media, however, has created a new medium through which harassment occurs. Courts are just beginning to confront the issue of if and when to consider social media harassment as part of the totality of the circumstances of a Title …
Discernable Differences: A Survey Of Civil Jury Demands, M. Michelle Dunning
Discernable Differences: A Survey Of Civil Jury Demands, M. Michelle Dunning
Washington Law Review
Under Washington State’s historic default rules, the civil jury consisted of twelve persons unless both parties expressly consented to a “less number.” The Washington Legislature reversed this presumption in 1972. Washington’s civil jury now consists of six persons, unless one of the parties files a specific demand for twelve. It appears, however, that litigants have refused to embrace this change; a survey of 2883 civil jury demands filed in King County Superior Court in 2009 to 2010 demonstrates that litigants overwhelmingly prefer twelve-member juries. This paper presents this survey’s results and explores what they might mean, positing seven considerations that …
Preliminary Report On Race And Washington's Criminal Justice System, Research Working Group, Task Force On Race And The Criminal Justice System
Preliminary Report On Race And Washington's Criminal Justice System, Research Working Group, Task Force On Race And The Criminal Justice System
Washington Law Review
We are pleased to present the Preliminary Report on Race and Washington’s Criminal Justice System, authored by the Research Working Group of the Task Force on Race and the Criminal Justice System. The Research Working Group’s mandate was to investigate disproportionalities in the criminal justice system and, where disproportionalities existed, to investigate possible causes. This factbased inquiry was designed to serve as a basis for making recommendations for changes to promote fairness, reduce disparity, ensure legitimate public safety objectives, and instill public confidence in our criminal justice system. The Task Force came into being after a group of us …
Panopticism For Police: Structural Reform Bargaining And Police Regulation By Data-Driven Surveillance, Mary D. Fan
Panopticism For Police: Structural Reform Bargaining And Police Regulation By Data-Driven Surveillance, Mary D. Fan
Washington Law Review
Spurred by civil rights investigations, police departments across the nation, including in Washington State, are engaging in structural reform bargaining and collaborative design of institutional reforms. Often before any complaint is filed in court or a judge makes any findings of unconstitutionality, police—and the groups threatening to sue the police—are cooperating to fashion remedies for the biggest concerns that have shadowed the law of criminal procedure, such as excessive force and the disproportionate targeting of people of color. Prominent scholars have expressed concern over settlement of civil rights suits outside the arena of the courtroom and without legal clarification. This …
Recalibrating Constitutional Innocence Protection, Robert J. Smith
Recalibrating Constitutional Innocence Protection, Robert J. Smith
Washington Law Review
This Article examines the constitutional nature of the right of a prisoner to receive post-conviction relief based solely on the claim that he is innocent. Part I explores innocence protection as an animating value of constitutional criminal procedure (Part I.A) and describes how developments in the way that crimes are investigated, proved, and reexamined have dislodged the trial from its place at the center of the constitutional criminal procedure universe (Part I.B). Part II explores how realigning the importance of innocence protection with the practical realities of our criminal justice system would impact the regulation of post-conviction procedures. It also …
Independence For Washington State's Privileges And Immunities Clause, P. Andrew Rorholm Zellers
Independence For Washington State's Privileges And Immunities Clause, P. Andrew Rorholm Zellers
Washington Law Review
Article I, section 12 of the Washington State Constitution prohibits special privileges and immunities. It provides: “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” Since the 1940s, the Washington State Supreme Court has analogized article I, section 12 to the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. As a result, it has treated claims under article I, section 12 and the Equal Protection Clause as a single inquiry and applied …
The Islamic Legal System In Singapore, Ahmad Nizam Bin Abbas
The Islamic Legal System In Singapore, Ahmad Nizam Bin Abbas
Washington International Law Journal
In a country that is staunchly secular, it would appear to be an anomaly that the Muslim minority are free to practice their personal law when it comes to marriage, divorce, and to a certain extent inheritance. This article seeks to provide a general overview of the introduction and applicability of Muslim law in Singapore, from the colonial administration of the British to the contemporary period. The article also examines the infrastructure developed for implementing the Muslim law in Singapore and explores conflicts in jurisdiction between the country’s Syariah Court and the civil courts. Written from the perspective of a …
The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim
The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim
Washington International Law Journal
This article provides a snapshot of the administration of Muslim law as practiced in Singapore through the prism of the legal profession. In particular, it provides a brief background on the role of the legal profession in the administration of justice at the Syariah Court of Singapore. While it is beyond the scope of this paper to urge for institutional and legal reform, the paper nonetheless highlights the absence of a dedicated and specialized training program that can aid lawyers to be familiar with Muslim law and jurisprudence and provide better representation to their clients at the Syariah Court.
The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito
The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito
Washington International Law Journal
Lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state’s official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lacking at present. This article offers a descriptive overview of the training, work, and professional regulation of Islamic lawyers in contemporary Indonesia. This material is presented in a clear format, structured to highlight key aspects of how these lawyers are trained, accredited, and organized. In …
The Islamic Legal System In Malaysia, Farid S. Shuaib
The Islamic Legal System In Malaysia, Farid S. Shuaib
Washington International Law Journal
This article describes the historical evolution and the current structure of the Islamic legal system in Malaysia. The structure of the modern Malaysian state has its roots in the region’s colonial history. By the end of the nineteenth century the territory that comprises contemporary Malaysia had been subjected to British colonial authority. The British did not, however, rule the region as a single colonial unit. In the directly ruled colonies most matters were governed by English common law, and while Islamic doctrine governed family law, it was applied by colonial courts that were staffed by British or British-trained judges. In …
The Training, Appointment, And Supervision Of Islamic Judges In Singapore, Muhammad Haniff Hassan, Sharifah Thuraiya Su'ad Ahmad Alhadshi
The Training, Appointment, And Supervision Of Islamic Judges In Singapore, Muhammad Haniff Hassan, Sharifah Thuraiya Su'ad Ahmad Alhadshi
Washington International Law Journal
Syariah court judges and the decisions they make clearly have an effect on the interpretation and application of Islamic law in contemporary Muslim societies, and the educational background of those who staff these courts obviously informs the way they understand, interpret, and apply the law. To date, however, little research has been done on the educational processes by which Islamic court judges are trained to think about Islamic law. Likewise, the means by which Islamic court judges are appointed and regulated has received little scholarly attention. This article offers a descriptive overview of the training, work, and professional regulation of …
The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting
The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting
Washington International Law Journal
Although much has been written about the place of Islam, as law and as religion, in Malaysia, considerably less attention has been paid to Islamic lawyers (“peguam syarie”). This article undertakes a preliminary examination of a topic that demands closer scrutiny, relying chiefly upon parliamentary acts, state enactments and the rules made pursuant to them, as well as in-depth oral history interviews with Islamic and secular lawyers that were recorded from May through August 2010. It describes the training and practice of Islamic lawyers in one jurisdiction of the federation of Malaysia—the Federal Territories of Kuala Lumpur, Putrajaya …
Why Study Islamic Legal Professionals?, Clark B. Lombardi, R. Michael Feener
Why Study Islamic Legal Professionals?, Clark B. Lombardi, R. Michael Feener
Washington International Law Journal
In many countries today, including the Southeast Asian nations of Indonesia, Malaysia, and Singapore, governments regulate some aspects of Muslim life according to Islamic law. The administration of Islamic law in these states is carried out by modern courts that are structured differently and staffed by different types of figures than were earlier institutions for the implementation of Islamic law. Prior to the modern era, courts tasked with the job of resolving cases according to Shari‛a were staffed by judges with a particular type of training, and litigants appearing before these judges were generally not represented by a specialized class …
The Islamic Legal System In Indonesia, Mark E. Cammack, R. Michael Feener
The Islamic Legal System In Indonesia, Mark E. Cammack, R. Michael Feener
Washington International Law Journal
This chapter describes the historical evolution and current structure of Indonesia’s Islamic legal structure. The current system of Islamic courts in Indonesia is traceable to a late nineteenth century Dutch decree establishing a system of Islamic tribunals on the islands of Java and Madura. The decree created collegial courts in which a district-level religious official called the penghulu acted as chair and was assisted by member judges chosen from the local religious elite. The courts were authorized to decide matrimonial and inheritance disputes, but execution of the courts’ decisions required an executory decree from the civil court. The system was …
The Training, Appointment, And Supervision Of Islamic Judges In Malaysia, Najibah M. Zin
The Training, Appointment, And Supervision Of Islamic Judges In Malaysia, Najibah M. Zin
Washington International Law Journal
Shari‛a court judges and the decisions they make clearly have an effect on the interpretation and application of Islamic law in contemporary Muslim societies, and the educational background of those who staff these courts obviously informs the way they understand, interpret, and apply the law. To date, however, little research has been done on the educational processes by which judges who serve on Islamic courts are trained to think about Islamic law. Likewise, the means by which Islamic court judges are appointed and regulated has received little scholarly attention. This article offers a descriptive overview of the training, work, and …
Sources Of Law, Sources Of Authority: The Failure Of The Philippines' Code Of Muslim Personal Laws, Gregory M. Chiarella
Sources Of Law, Sources Of Authority: The Failure Of The Philippines' Code Of Muslim Personal Laws, Gregory M. Chiarella
Washington International Law Journal
The Code of Muslim Personal Laws of the Philippines (“CMPL”) was established in 1977 as part of an effort to quell longstanding violence between Christians and Muslims in the predominantly Christian country. This codification of Islamic laws in the areas of marriage, divorce, and inheritance provided for a system of Shari‛a courts that would operate within the larger framework of the legal system of the Philippines. Three and a half decades later, the CMPL has had little effect. The Shari‛a courts are understaffed and underutilized, accounting for less than 0.1% of the caseload in the Philippines. The CMPL is plagued …
The Training, Appointment, And Supervision Of Islamic Judges In Indonesia, Euis Nurlawlawati, Abdurrahman Rahim
The Training, Appointment, And Supervision Of Islamic Judges In Indonesia, Euis Nurlawlawati, Abdurrahman Rahim
Washington International Law Journal
This essay discusses the creation and training of Islamic court judges in Indonesia. This includes an examination of the qualifications for appointment as a judge, the recruitment of new judges, the pre-appointment and in-service training provided for Islamic judges, and the substantive and administrative supervision of the Islamic judiciary. The paper shows that significant changes have occurred in the system of recruitment and training of Islamic court judges with the establishment of new educational qualifications and the implementation of broader and more systematic training programs. As a result of these changes, the quality, professionalism, and standing of the Islamic judiciary …
Loaded Question: Examining Loadable Kernel Modules Under The General Public License V2, Curt Blake, Joseph Probst
Loaded Question: Examining Loadable Kernel Modules Under The General Public License V2, Curt Blake, Joseph Probst
Washington Journal of Law, Technology & Arts
This Article examines the intersection of Linux loadable kernel modules and the license under which Linux is distributed, the General Public License (GPL) Version 2. Section I of this Article discusses ambiguous terms contained within the GPL and various interpretations of these ambiguities. Next, Section II analyzes the changing scope of legal protection for computer software, particularly as it pertains to derivative works and as applied to loadable kernel modules. Section III highlights provisions contained within the GPL that may attempt to reach beyond a traditional works analysis and examines these provisions in light of recent developments at the intersection …
Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton
Internet As A Human Right: A Practical Legal Framework To Address The Unique Nature Of The Medium And To Promote Development, Young Joon Lim, Sarah E. Sexton
Washington Journal of Law, Technology & Arts
A Taiwanese court sentenced a blogger to 30 days of detention for her comments that a restaurant’s food was too salty and that the locale was unsanitary. In Indonesia, a woman was sentenced to six months in jail for libel after an e-mail she sent to friends about poor treatment she received in a hospital was posted on Facebook. These are not isolated cases of persecution, but part of a broad pattern of challenges facing individuals around the world. The United Nations recently released a report on legal trends involving restriction of expression on the Internet, declaring that freedom of …
Cheaper Watches And Copyright Law: Navigating "Gray Markets" After The Supreme Court's Split In Costco V. Omega, S.A., Parker A. Howell
Cheaper Watches And Copyright Law: Navigating "Gray Markets" After The Supreme Court's Split In Costco V. Omega, S.A., Parker A. Howell
Washington Journal of Law, Technology & Arts
Some manufacturers seek to prevent unauthorized importation and sale of their foreign-made products, called “gray market” goods or “parallel imports,” through copyright law. U.S. copyright law prohibits importation of copyrighted works without the copyright owner’s permission. At least one manufacturer, Omega, sought to extend this protection to its watches, a useful product, by affixing copyrighted logos. In Costco v. Omega, S.A., Omega claimed Costco violated its distribution right by selling the watches in the U.S., while Costco contended that a first sale abroad had extinguished Omega’s rights. The case reached the U.S. Supreme Court, which affirmed by an evenly …
Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith
Understanding And Authenticating Evidence From Social Networking Sites, Heather L. Griffith
Washington Journal of Law, Technology & Arts
Social networking is a popular form of online interaction that combines several types of electronic communication in a single user interface. An attorney working with evidence found on social networking sites should have a general understanding of how users create and access content on social networking platforms. Before such evidence may be presented to the jury, an attorney must make a showing of authenticity. The proponent of the evidence may need to use different authentication methods depending on the type of communication involved. This Article provides background information about social networks and explores how to authenticate common types of evidence …
Let's Be Cautious Friends: The Ethical Implications Of Social Networking For Members Of The Judiciary, Aurora J. Wilson
Let's Be Cautious Friends: The Ethical Implications Of Social Networking For Members Of The Judiciary, Aurora J. Wilson
Washington Journal of Law, Technology & Arts
In recent advisory opinions, courts and ethics committees have considered whether and to what extent judges may use social networking sites such as Facebook without violating the applicable code of judicial conduct. While the committees agree that judges may generally use social networking sites, they disagree as to whether judges may use those sites to connect with lawyers who have appeared or may appear in a proceeding before them. Four states—California, Florida, Massachusetts, and Oklahoma—forbid judges frombecoming online “friends” with attorneys who may appear before them in court, while four states—Ohio, Kentucky, New York, and South Carolina—allow it, albeit with …