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Full-Text Articles in Law
"Who Are You To Say What My Best Interest Is?" Minor's Due Process Rights When Admitted By Parents For Inpatient Mental Health Treatment, Kelli Schmidt
Washington Law Review
In State ex rel. T.B. v. CPC Fairfax Hospital, the Washington Supreme Court determined that minors who refuse to consent to inpatient mental health treatment, but are admitted by their parents nonetheless, have a statutory right to a prompt judicial review of the admission decision. This Comment argues that confining mature minors in mental hospitals against their will is a deprivation of both liberty and privacy interests and, as such, stringent due process protections are required, not only by Washington's current statutory scheme, but also by the U.S. and Washington Constitutions. It concludes by stating that the current statutory …
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Washington Law Review
It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered …
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
Washington Law Review
In Vernonia School District 47J v. Acton, the U.S. Supreme Court held that the Fourth Amendment to the U.S. Constitution does not protect the privacy interests of the nation's public school student-athletes from mandatory, random urinalysis drug-testing. This Comment argues that article I, section 7 of the Washington State Constitution provides Washington's student-athletes greater protection than the Fourth Amendment and, consequently, proscribes mandatory, random urinalysis drug-testing. It concludes by providing parameters for student-athlete drug-testing programs that will pass state constitutional muster.
Official English, Nationalism And Linguistic Terror: A French Lesson, Leila Sada Wexler
Official English, Nationalism And Linguistic Terror: A French Lesson, Leila Sada Wexler
Washington Law Review
Despite the preeminence of English in international discourse and census data indicating that ninety-nine percent of Americans speak English either very well or well, the Official English movement has garnered significant political support over the last ten years. Divorced from its political polemic, the objective of the Official English movement is the adoption of an "English Language Amendment" (ELA) to the Constitution that would require the use of English in public discourse as a matter of law. This Article approaches the question of what legal difference an ELA would make by studying the French experience under a recently adopted constitutional …