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Full-Text Articles in Law
State V. Young And The New Test For Privacy In Washington, Michael M. Suga
State V. Young And The New Test For Privacy In Washington, Michael M. Suga
Washington Law Review
In State v. Young, the Washington Supreme Court determined that the warrantless use of an infrared thermal detection device on the home of a suspected marijuana grower was a violation of Article I, Section 7 of the Washington State Constitution. This Note argues that the court's test for determining privacy rights under Article I, Section 7 is flawed in form and fails to achieve those goals set forth by the court. It suggests an alternative test for Article I, Section 7 privacy rights as well as a remedial prerequisite standard of proof in cases involving minimally intrusive surveillance techniques.
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
New Developments In Korean Constitutionalism: Changes And Prospects, Dae-Kyu Yoon
Washington International Law Journal
This Essay examines constitutionalism, or the legal expression of democracy. Explanations of Korea's underdeveloped sense of constitutionalism which are rooted in the culture of Confucianism do not provide an adequate explanation of the post-1948 Korean experience. A better model is provided by contrasting the uses of law by prior authoritarian regimes with current political developments including the rising role of entrepreneurial interests in Korean politics.
Washington Courts Get Stingy: Improper Denial Of Attorney's Fees Under 42 U.S.C. §§ 1983 And 1988, Brian Buckley
Washington Courts Get Stingy: Improper Denial Of Attorney's Fees Under 42 U.S.C. §§ 1983 And 1988, Brian Buckley
Washington Law Review
42 U.S.C. §§ 1983 and 1988 allow persons to challenge state laws that violate their federal constitutional rights and to recover their attorney's fees should they prevail. This Comment analyzes two recent Washington cases in which the plaintiffs were denied fee recoveries despite having successfully challenged state statutes. This Comment then argues that fee awards should have been granted in both cases and that in the future fee awards should rarely be denied when plaintiffs invalidate state law under §§ 1983 and 1988.
The 1991 Constitution Of Thailand, Ted L. Mcdorman
The 1991 Constitution Of Thailand, Ted L. Mcdorman
Washington International Law Journal
In December 1991, Thailand enacted its fifteenth constitution since the Thai military's overthrow of the absolute monarchy in 1932. As was the case with most of the previous Thai constitutions, the promulgation of the 1991 Thai Constitution was preceded by a military coup. Further conforming to Thailand's constitutional history and tradition, the coup-leaders, after suspending the 1978 Constitution, attempted to enact a new constitution legitimizing the military's role in the government. Yet they were less successful than in the past as is indicated by the substance of the 1991 Constitution and the events surrounding its enactment. The public became involved …