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Full-Text Articles in Law
Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang
Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang
Articles
No abstract provided.
Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer
Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer
Articles
An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather than a workable theory or standard for deciding constitutional law cases. This article discusses the history and use of “unconstitutional beyond a reasonable doubt,” …
A Series Of Missed Opportunities: The Washington Supreme Court's Lapse In Recognizing And Advancing Washington's Due Process Jurisprudence, Holly Broadbent
A Series Of Missed Opportunities: The Washington Supreme Court's Lapse In Recognizing And Advancing Washington's Due Process Jurisprudence, Holly Broadbent
Selected Articles on Washington State Constitution History
No abstract provided.
Reshaping Washington's Public Lands Trust Doctrine, Audrey Bell
Reshaping Washington's Public Lands Trust Doctrine, Audrey Bell
Selected Articles on Washington State Constitution History
In this paper, I will discuss how Washington state’s trust duties related to federally-granted public lands management have and have not been reconciled with article XVI, section 1 of the Washington constitution. First, I will provide a foundation for the management of federally-granted public lands and the storied history of Congress's intent in providing land grants to the states. Next, I will examine the provisions of the Enabling Act of 1889 ("Enabling Act") and the Washington constitution that govern the management of those granted lands. Third, I will chart the historical treatment of Washington state trust duties related to the …
Batting Two-For-Eleven: Tim Eyman's Initiatives And The Washington Supreme Court, Taylor N. Larson
Batting Two-For-Eleven: Tim Eyman's Initiatives And The Washington Supreme Court, Taylor N. Larson
Selected Articles on Washington State Constitution History
No abstract provided.