Law Commons^™

Criminal Caselaw Notebook 2024, Hon. Ronald Kessler

Washington State Books

This publication from King County Superior Court judge Ronald Kessler is updated semi-annually and is distributed free of charge. It includes citations to Washington state case law on a variety of criminal law topics.

Resilience Grammar: A Value Sensitive Design Method For Resilience Thinking, David G. Hendry, Batya Friedman

Tech Policy Lab

The resilience grammar is a method for bringing a value sensitive design sensibility to resilience thinking. The method provides a systematic process for researchers, designers, and policymakers to identify and trace resilience pathways in the context of real world responses to stressors and obstacles. The grammar is composed of seven statement types, which bring forward aspects of resilience. Each statement type is composed of a connecting phrase and an element, in the form of “resilience connecting-phrase .” In this report, we define each statement type in the resilience grammar, provide two brief illustrations of the grammar in action, and conclude …

How Do Japanese Clients View Their Lawyers -- And How Did Those Views Change Over The Decade Between Surveys? [Bengoshi Ni Taisuru Soshōtōjisha No Hyōka – 10nen De Hyōka Wa Dou Kawatta Ka], Daniel H. Foote

Chapters in Books

A central component of the Civil Litigation Behavior Research Project (2003-2008) and the successor Civil Litigation Research Project (2016-2020) was a set of surveys of litigants in civil cases.1 For comparison purposes, each project also included a survey of the general public, containing a number of identical or similar questions. Among the many aspects of the litigation experience covered in the surveys, several questions focused on the lawyer-client relationship. These included questions about access to lawyers, advice by lawyers, and client evaluations of and level of satisfaction with the lawyers who represented them. After briefly examining some of the ways …

Ways To Grow: New Directions For Agricultural Technology Policy

Tech Policy Lab

This whitepaper, which grows out of interdisciplinary research at the University of Washington Tech Policy Lab, argues for a widening of the aperture with respect to contemporary technology policy in agriculture. Emerging technology could, as advertised, reduce costs and increase food production. But the industrial model of agriculture that technology currently supports—focused on faster, more, and cheaper— has its tradeoffs. Precision agriculture remakes the land to serve technology, introduces new sources of instability into agriculture, and contributes to the destabilization and vulnerability of the American food system. Greater resources should be allocated to “civic” agricultural approaches that transition away from …

Protecting The Rights And Wellbeing Of People With Disabilities During The Covid-19 Pandemic, Elizabeth Pendo

Chapters in Books

The COVID-19 pandemic has exposed and exacerbated significant inequities experienced by people with disabilities. It has also emphasized the value of legal protections against discrimination based on disability. The Americans with Disabilities Act was enacted 30 years ago to eliminate discrimination against people with disabilities and ensure equal opportunity across major areas of American life (ADA, 2008). Together with an earlier law, the Rehabilitation Act of 1973 (Rehabilitation Act, 2012), this landmark civil rights law impacts a broad range of issues raised by the COVID-19 pandemic and protects a large and growing number of Americans. This Chapter focuses on application …

2021 Biennial Report

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become a leading source for tech policy research and education and an indispensable resource to local, national, and international policymakers. In its seven-year history, the Lab has built a strong network and increased credibility that allows us to work directly with policymakers, publish research and guides on emerging technologies, and provide opportunities for the public to learn from experts. The last two years found not only our state, but our nation and the world in a time of great uncertainty. American society strives to reconcile centuries of racial and other …

2021: How Gender And Race Affect Justice Now - Final Report, Justice Sheryl Gordon Mccloud, Dana Raigrodski, Sierra Rotakhina, Kelley Amburgey-Richardson

Books

In 1989, the Washington Supreme Court’s Task Force on Gender and Justice in the Courts produced a groundbreaking report on the impact of gender on selected areas of the law. It concluded that gender did affect the availability of justice. We – the Washington State Supreme Court Gender and Justice Commission – are a product of that report and its recommendations. Now, in 2021, we have completed our follow-up study.

Our legal and social science research, our data collection, and our independent pilot projects all led us to the same frustrating conclusion about the effect of gender in Washington State …

Protecting The Rights Of People With Disabilities, Elizabeth Pendo

Chapters in Books

One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of underserved racial and ethnic groups with disabilities experience greater disparities in health status and access …

Designing Tech Policy: Instructional Case Studies For Technologists And Policymakers, David G. Hendry

Tech Policy Lab

The UW Tech Policy Instructional Case Studies position students to consider the deeply interactional processes of human values and technology. Within pedagogical bounds, students engage both technical and policy elements and develop design solutions. For instructors, the case studies have been written and formatted so that they can be appropriated for varied educational settings.

Each of the tech policy instructional case studies (see Table 1) follow this three-part pattern:

1. Background. The case studies begin with information on the technology and social context at hand. This introduces both the students and the instructor to the technical problem and the social …

Annual Report, 2019 (Five Year Report 2013-2019)

Tech Policy Lab

With this report, we celebrate the Tech Policy Lab’s five-year anniversary. We are deeply grateful to the community for helping us mark this milestone. We came together in the fall of 2013 to create a deeply interdisciplinary research collaboration with real-world impacts. We chose to model our new collaboration on a laboratory—a place to experiment with a distinct interdisciplinary model for research, to develop tangible and innovative new resources, and to train the next generation of tech policy experts. With co-equal faculty directors from three distinct disciplines, and students and faculty from many more, we set out to bridge the …

Annual Report, 2018, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has become an indispensable source for tech policy research, education, and local, national, and international thought leadership. The Lab has worked directly with policymakers, published research and guides on emerging technologies, and provided opportunities for the public to learn from experts.

Volk V. Demeerleer Study, Patricia C. Kuszler, Terry J. Price, University Of Washington School Of Law, Center For Law, Science And Global Health

Center for Law in Science & Global Health

The University of Washington School of Law Center for Law, Science and Global Health was asked to “convene a study on the Washington State Supreme Court decision Volk v. DeMeerleer, 386 P.3d 254 (Wash. 2016).” The Volk case elaborated on the duty of mental health providers to protect foreseeable victims of a dangerous patient. The goal of the study was to evaluate whether or not this case “substantially changed the law [in Washington] on the duty of care owed to third parties by mental health providers and whether it has had an impact on access to mental health services …

Is Tricking A Robot Hacking?, Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno, David O'Hair

Tech Policy Lab

The authors of this essay represent an interdisciplinary team of experts in machine learning, computer security, and law. Our aim is to introduce the law and policy community within and beyond academia to the ways adversarial machine learning (ML) alter the nature of hacking and with it the cybersecurity landscape. Using the Computer Fraud and Abuse Act of 1986—the paradigmatic federal anti-hacking law—as a case study, we mean to evidence the burgeoning disconnect between law and technical practice. And we hope to explain what is at stake should we fail to address the uncertainty that flows from the prospect that …

Annual Report, 2017, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has emerged as a leading resource for policymakers interested in wiser and more inclusive technology policy. This year the Lab built on its reputation for excellence in interdisciplinary research, published scholarship and tools to benefit tech policy, and had direct input into policymaking at multiple levels of government.

Employer Liability And Bring Your Own Device: Do Existing Regulations Support Employer Liability For A Compromised Personal Device?, Beth A. Hutchens

Technology Law and Public Policy Clinic

As employers increasingly permit employees to use their personal devices (known as Bring Your Own Device, or “BYOD”) for business purposes, and as the risk of data exposure continues to rise, the question of how, when, and against whom to attach liability remains in flux. This paper will endeavor to explore employer liability as viewed through the lens of hacked or compromised BYOD devices. The research begins by identifying BYOD as a concept along with the risks and benefits incident to the practice. It then discusses current state and federal data protection regulations. It then explores recurring themes in data …

Algorithmic Discrimination White Paper, Vicky Wei, Teresa Stephenson

Technology Law and Public Policy Clinic

Technological innovation has led to the prevalent use of algorithms in everyday decision making. So ubiquitous is the application of algorithms that many may not recognize its impact on their daily lives. From online shopping to applying for a home loan, algorithms are at play in categorizing and filtering individuals to serve the goal of providing more accurate and efficient results than human decisionmaking would. At the basic level, algorithms are nothing more than a series of step-by-step instructions compiled by a computer, which then analyzes swaths of data based on those instructions. However, when algorithms use incorrect variables to …

Regulating The Internet Of Things: Protecting The "Smart" Home, Beth Hutchens, Gavin Keene, David Stieber

Technology Law and Public Policy Clinic

The Internet of Things (IoT)—the internetworking of “smart” devices for the purpose of collecting and exchanging data—is developing rapidly. Estimates of the number of IoT devices currently in circulation range from 6.4 to 17.6 billion. By 2020, those numbers could reach upward of 30 billion. While the technology encourages innovation and promotes data-driven policymaking, it also compromises consumer privacy, security, and safety. Consumers are generally unaware that IoT devices transmit scores of personally-identifiable information with only rudimentary security protections in place. For some devices, inadequate security measures unnecessarily risk consumer safety by leaving the devices vulnerable to remote manipulation by …

Diverse Voices: A How-To Guide For Facilitating Inclusiveness In Tech Policy, Lassana Magassa, Meg Young, Batya Friedman

Tech Policy Lab

The importance of creating inclusive policy cannot be overstated. In response to this challenge, the UW Tech Policy Lab (TPL) developed the Diverse Voices method in 2015. The method uses short, targeted conversations about emerging technology with “experiential experts” from under-represented groups to provide feedback on draft tech policy documents. This process works to increase the likelihood that the language in the finalized tech policy document addresses the perspectives and circumstances of broader groups of people— ideally averting injustice and exclusion.

Driverless Seattle: How Cities Can Plan For Automated Vehicles, Matthew Bellinger, Ryan Calo, Brooks Lindsay, Emily Mcreynolds, Mackenzie Olson, Gaites Swanson, Boyang Sa, Feiyang Sun

Tech Policy Lab

The advent of automated vehicles (AVs)—also known as driverless or self-driving cars—alters many assumptions about automotive travel. Foremost, of course, is the assumption that a vehicle requires a driver: a human occupant who controls the direction and speed of the vehicle, who is responsible for attentively monitoring the vehicle's environment, and who is liable for most accidents involving the vehicle. By changing these and other fundamentals of transportation, AV technologies present opportunities but also challenges for policymakers across a wide range of legal and policy areas. To address these challenges, federal and state governments are already developing regulations and guidelines …

Toys That Listen: A Study Of Parents, Children, And Internet-Connected Toys, Emily Mcreynolds, Sarah Hubbard, Timothy Lau, Aditya Saraf, Maya Cakmak, Franziska Roesner

Tech Policy Lab

Hello Barbie, CogniToys Dino, and Amazon Echo are part of a new wave of connected toys and gadgets for the home that listen. Unlike the smartphone, these devices are always on, blending into the background until needed. We conducted interviews with parent-child pairs in which they interacted with Hello Barbie and CogniToys Dino, shedding light on children’s expectations of the toys’ “intelligence” and parents’ privacy concerns and expectations for parental controls. We find that children were often unaware that others might be able to hear what was said to the toy, and that some parents draw connections between the toys …

Rights Of Incarcerated Parents, Angélica Cházaro

Chapters in Books

This chapter discusses the childcare and custody rights of incarcerated parents. According to the U.S. Department of Justice, an estimated 809,800 state and federal prisoners were parents to children under the age of eighteen in 2007. There are approximately 1,706,600 children under the age of eighteen who have a parent in prison.

As a parent in prison, you may fear that your child will not be cared for, that you will lose your child, or that your relationship with your child will suffer while you are incarcerated. This Chapter focuses on New York state law and describes how the law …

Seattle Surveillance Ordinance Memo, Christopher Stevenson

Technology Law and Public Policy Clinic

No abstract provided.

Annual Report, 2016, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has had an exciting third year! From organizing national and international policy fora to helping local authorities generate best practices, the Lab continues its record of rigorous, impactful research.

Uwlaw, Fall 2016, Vol. 70

Alumni Magazines

Cover story: Why Law Matters: Why Justice and the Rule of Law Are Fundamental and Important to Us All

Welcome from the Dean, page 5

Around Gates Hall: News and Updates from UW Law

• Expanding the Husky Experience: Office of Student & Career Services Driven to Support Student Needs, page 8, photo
• A Powerful Voice for Justice (Michele Storms), page 9, photo
• Promoters of Positive Change: Support Turns Student Ideas into Solutions for a More Livable World (Mariah Hanley '16 and 3L Robert Franceschini), page 9
• Leading a Public Dialogue in Indian Law: UW Law Draws on Rich 29-Year Heritage …

Augmented Reality: A Technology And Policy Primer, Ryan Calo, Tamara Denning, Batya Friedman, Tadayoshi Kohno, Lassana Magassa, Emily Mcreynolds, Bryce Clayton Newell, Jesse Woo

Tech Policy Lab

The vision for AR dates back at least until the 1960s with the work of Ivan Sutherland. In a way, AR represents a natural evolution of information communication technology. Our phones, cars, and other devices are increasingly reactive to the world around us. But AR also represents a serious departure from the way people have perceived data for most of human history: a Neolithic cave painting or book operates like a laptop insofar as each presents information to the user in a way that is external to her and separate from her present reality. By contrast, AR begins to collapse …

Commentaries On The Model Rules Of Professional Conduct, Thomas Andrews, Karen Boxx

Books

This Fifth Edition of the ACTEC Commentaries continues the tradition of providing guidance on the Model Rules of Professional Conduct particular to estate and trust practitioners. The Fifth Edition update to the Commentaries takes account of amendments to the Model Rules adopted since the 2005 Fourth Edition, including those proposed by the American Bar Association Commission on Ethics 20/20 as adopted by the ABA in 2012 and 2013. It is current through August 31, 2015 as there have been no amendments to the Model Rules since 2013.

In addition to these updates, we have added Commentary and Annotations to four …

Second Annual Report, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington continues to pick up steam in our second year. We have hosted national policy discussions, collaborated directly with policymakers on open data and other issues, and continue to develop strong, method-based interdisciplinary research.

Sexual Exploitation In The Digital Age: Non-Consensual Pornography And What Washington Can Do To Stop It, Farah Ali, Brian Conley, Heather Lewis, Charlotte Lunday

Technology Law and Public Policy Clinic

No abstract provided.

Gigabit Internet In Seattle, Sam Méndez

Technology Law and Public Policy Clinic

On December 13, 2012 then-Mayor Mike McGinn announced a partnership between the City of Seattle, the University of Washington, and a company called Gigabit Squared that was to bring ultra high speed Internet connections to twelve neighborhoods within Seattle.1 Called Gigabit Seattle, the plan promised a fiber-to-the-premises (FTTP) network to 50,000 city households and businesses, serving over 100,000 residents.2 The letter of intent between the city and Gigabit Squared stated the company would seek $25 million in capital with the network built and operational within 24 months that would provide connection speeds to customers of up to 1000 megabits per …

Cryptocurrencies: An Introduction For Policy Makers, Brian Conley, Jeffrey Echert, Andrew Fuller, Heather Lewis, Charlotte Lunday

Technology Law and Public Policy Clinic

Cryptocurrencies are open-source, peer-to-peer digital currencies. Two of their most distinctive features include the use of public key cryptography to secure transactions and create additional currency units, as well as the decentralized nature of their digital payment systems. The underlying technical system which all cryptocurrencies are modelled after is that of the original cryptocurrency,

Bitcoin.

Bitcoin was created by “Satoshi Nakamoto” a person or group credited with writing the first paper on the digital currency in 2008. Certain key elements differentiate cryptocurrencies from traditional electronic currency systems such as electronic banking and PayPal, most notably their decentralized control mechanisms. That …