Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Wrong Or (Fundamental) Right?: Substantive Due Process And The Right To Exclude, Jack May
Washington Law Review
Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but nevertheless “fundamental”—rights. To date, the United States Supreme Court has never recognized any property right as a fundamental right for substantive due process purposes. But in Yim v. City of Seattle, a case recently decided by the Ninth Circuit, landlords and tenant screening companies argued that the right to exclude from one’s property should be a fundamental right. Yim involved a challenge to Seattle’s Fair Chance Housing Ordinance, which, among other things, prohibits landlords and tenant screening companies from inquiring about or considering a …
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Police Or Pirates? Reforming Washington's Civil Asset Forfeiture System, Jasmin Chigbrow
Washington Law Review
Civil asset forfeiture laws permit police officers to seize property they suspect is connected to criminal activity and sell or retain the property for the police department’s use. In many states, including Washington, civil forfeiture occurs independent of any criminal case—many property owners are never charged with the offense police allege occurred. Because the government is not required to file criminal charges, property owners facing civil forfeiture lack the constitutional safeguards normally guaranteed to defendants in the criminal justice system: the right to an attorney, the presumption of innocence, the government’s burden to prove its case beyond a reasonable doubt, …
Reframing Church Property Disputes In Washington State, Theodore G. Lee
Reframing Church Property Disputes In Washington State, Theodore G. Lee
Washington Law Review
Real property disputes between units or members of the same church are common in the United States. To resolve such disputes, the Supreme Court has endorsed two doctrines: the hierarchical deference approach and the neutral-principles of law approach. The Court has justified both doctrines on the First Amendment’s Establishment and Free Exercise Clauses, but this justification is problematic. Specifically, under the hierarchical deference approach courts must always give preferential treatment to one religious group over others—effectively endorsing a particular religion. On the other hand, courts can enforce their own interpretations of religious issues under the neutral-principles approach, thereby infringing free …
The Liberty Impact Of Gender, Kingsly Alec Mcconnell
The Liberty Impact Of Gender, Kingsly Alec Mcconnell
Washington Law Review
Can the federal government unilaterally change your gender? In October of 2018, the New York Times revealed that the Trump Administration’s Department of Health and Human Services was considering a new federal definition of “gender.” The policy would redefine gender as a “biological, immutable condition determined by genitalia at birth.” This policy places transsex people at a substantial risk of deprivation of property and speech rights, as gender implicates both property and expression. It also impedes the exercise of substantive due process rights and privileges and immunities. For example, inaccurate gender designations can hinder a transsex parent’s ability to raise …