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State Constitutional Remedy Provisions And Article I, Section 10 Of The Washington State Constitution: The Possibility Of Greater Judicial Protection Of Established Tort Causes Of Action And Remedies, Janice Sue Wang
Washington Law Review
Several state courts interpret their states' constitutional remedy provisions as justifying heightened judicial scrutiny of legislative alterations in tort law. This confers greater protection of tort causes of action and remedies established at the time of the state constitution's adoption. This Comment considers whether article I, section 10 of the Washington constitution can support such an interpretation. Additionally, the author discusses the existing interpretations of other states' remedy provisions and suggests a heightened scrutiny model that best balances the interest in retaining already recognized tort remedies against the interest in fostering positive change.