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Full-Text Articles in Law
Constitutionality Of A Forum State's Use Of Its Own Longer Statute Of Limitations When Its Only Contact With The Dispute Is Its Status As A Forum—Sun Oil Co. V. Wortman, 108 S. Ct. 2117 (1988), Janet Kathleen May
Washington Law Review
In Sun Oil Co. v. Wortman, the United States Supreme Court declared constitutional a forum's use of its own longer statute of limitations. The Court essentially equates the requirements imposed by the due process clause and the full faith and credit clause. This Note concludes that the tests for constitutionality advanced by the Court do not adequately protect the individual rights of litigants, and recommends adopting a new choice of law test which recognizes both governmental and individual interests.
State Constitutional Law, The United States Supreme Court, And Democratic Accountability: Is There A Crocodile In The Bathtub?, Robert F. Utter
State Constitutional Law, The United States Supreme Court, And Democratic Accountability: Is There A Crocodile In The Bathtub?, Robert F. Utter
Washington Law Review
Justice Robert F. Utter of the Washington Supreme Court analyzes the nature of judicial review by state courts interpreting state constitutions. The Article emphasizes the democratic nature of state court decisions. The public may counteract unpopular state court opinions by either voting state court judges out of office or by amending the state constitution. On the other hand, court opinions may be either affirmatively approved or ratified by inaction. State courts also serve as experimental laboratories for the United States Supreme Court by gauging the public response to and practicality of constitutional doctrines. Justice Utter suggests that the more democratic …
Speech Activists In Shopping Centers: Must Property Rights Give Way To Free Expression?, Frederick W. Schoepflin
Speech Activists In Shopping Centers: Must Property Rights Give Way To Free Expression?, Frederick W. Schoepflin
Washington Law Review
The United States Constitution does not require shopping center owners to allow speech activists to engage in expressive activities on shopping center property. The Supreme Court has authorized states to provide greater protections f6r expressive activities than the Constitution provides. Six state supreme courts have interpreted the constitutions of their states to limit protections to the scope of the United States Constitution. Three state supreme courts have interpreted their constitutions to mandate accommodation of speech activists on private shopping center property. This Comment analyzes the treatment of the shopping center conflict both in the United States Supreme Court and in …
Foreword: The Once "New Judicial Federalism" & Its Critics, Ronald K.L. Collins
Foreword: The Once "New Judicial Federalism" & Its Critics, Ronald K.L. Collins
Washington Law Review
The first critic of the once "new judicial federalism" is also the person credited with being its "intellectual godfather"—Hans Linde. Back in the pristine years of this constitutional experiment, then Professor Linde warned: A state court cannot undertake "to evolve an independent jurisprudence under the state constitution ... by searching ad hoc for some plausible premise in the state constitution only when federal precedents will not support the desired result." Perhaps his influence in this area is attributable to the fact that he is, in a certain sense, both critic and "crusader." Of course, the claim needs to be explained. …
Washington's Comparative Proportionality Review: Toward Effective Appellate Review Of Death Penalty Cases Under The Washington State Constitution, W. Ward Morrison Jr.
Washington's Comparative Proportionality Review: Toward Effective Appellate Review Of Death Penalty Cases Under The Washington State Constitution, W. Ward Morrison Jr.
Washington Law Review
In conducting mandatory comparative proportionality review of all cases in which the death penalty is imposed, the Washington Supreme Court compares the defendant's case with similar cases to ensure that the penalty is being applied consistently. In theory, the review promotes rational and non-arbitrary capital sentencing. In practice, the review has not been effectively applied. Continued use of ineffective appellate review for death sentences violates the Washington Constitution. This Comment explores the various problems associated with the review process, and proposes possible solutions.
Church And State In The States, G. Alan Tarr
Church And State In The States, G. Alan Tarr
Washington Law Review
In many state constitutions, the provisions dealing with the relationship of church and state differ substantially from the federal establishment clause. In this Article, Professor Tarr demonstrates that relying on the state constitutional guarantees may lead to markedly different results than would obtain under the first amendment. He argues that state constitutional provisions very often are ignored, apparently because practitioners mistakenly believe that state provisions merely repeat the strictures of the first amendment. Professor Tarr maintains that this is unfortunate and untrue, because our constitutional system allows a state constitution to provide for less, equal, or greater separation of church …
One Century Of Constitutional Home Rule: A Progress Report, Michael Monroe Kellogg Sebree
One Century Of Constitutional Home Rule: A Progress Report, Michael Monroe Kellogg Sebree
Washington Law Review
Despite constitutional and statutory provisions providing for home rule, Washington municipalities continue to lack meaningful local autonomy. The author examines the need for home rule and its genesis in the United States and Washington. In addition, the author analyzes Washington case law in this area and concludes with constitutional and judicial proposals designed to increase municipal self-governance.
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.
The Stop And Frisk Doctrine In Washington And The Rise And Fall Of Independent State Constitutional Analysis, Kurt Walters
The Stop And Frisk Doctrine In Washington And The Rise And Fall Of Independent State Constitutional Analysis, Kurt Walters
Washington Law Review
As the United States Supreme Court expanded the scope and intensity limits of the stop and frisk doctrine, the Washington Supreme Court, in 1984, applied independent state constitutional analysis and held that article I, section 7 of the Washington State Constitution provides greater privacy protection in stop and frisk cases than the United States Constitution. Since then, however, the Washington court has abandoned its reliance on article I, section 7 in the stop and frisk context. This Comment examines this transition and concludes that the federal stop and frisk doctrine may not adequately protect fundamental privacy rights, and that the …