Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abolish police (1)
- Abolitionist frameworks (1)
- Ambulance policing (1)
- Black civilian paramedic service (1)
- Black paramedic service (1)
-
- Community policing (1)
- Defund police (1)
- Dismantle police (1)
- Federal indian law (1)
- Fishings rights (1)
- Freedom house ambulance service (1)
- Hunting rights (1)
- Island county v. state (1)
- James bradley thayer (1)
- Off-reservation gathering (1)
- Off-reservation hunting (1)
- Pennsylvania (1)
- Pittsburgh (1)
- Police reform (1)
- Protests (1)
- Racialized violence (1)
- Reduce policing (1)
- Restatement of the law of american indians (1)
- Stevens treaties (1)
- Thayer (1)
- Treaty (1)
- Treaty rights (1)
- Unconstitutional beyond a reasonable doubt (1)
- Washington state constitution (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy
Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy
Washington Law Review
The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, …
"Send Freedom House!": A Study In Police Abolition, Tiffany Yang
"Send Freedom House!": A Study In Police Abolition, Tiffany Yang
Washington Law Review
Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …
“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer
“Unconstitutional Beyond A Reasonable Doubt” – A Misleading Mantra That Should Be Gone For Good, Hugh Spitzer
Washington Law Review Online
For a century, Washington State Supreme Court opinions periodically have intoned that the body will not invalidate a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This odd declaration invokes an evidentiary standard of proof as a rule of decision for a legal question of constitutionality, and it confuses practitioners and the public alike. “Unconstitutional beyond a reasonable doubt” is not peculiar to Washington State. Indeed, it began appearing in state court decisions in the early nineteenth century and, rarely, in opinions of the United States Supreme Court. But the use of the phrase rapidly increased …