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Articles 1531 - 1560 of 6130

Full-Text Articles in Law

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans Sep 2013

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans

Articles

Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …

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Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern Aug 2013

Reply Brief. Sandifer V. United States Steel Corp., 134 S. Ct. 870 (2014) (No. 12-417), 2013 U.S. S. Ct. Briefs Lexis 3416, Eric Schnapper, Aaron B. Maduff, Michael L. Maduff, Walker R. Lawrence, Robert F. Childs, Jr., Abby Morrow Richardson, David L. Kern

Court Briefs

No abstract provided.

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Brief For Respondent. Madigan V. Levin, 571 U.S. 1 (2013) (No. 12-872), 2013 U.S. S. Ct. Briefs Lexis 3187, Eric Schnapper, Harvey Levin, Edward Theobald Aug 2013

Brief For Respondent. Madigan V. Levin, 571 U.S. 1 (2013) (No. 12-872), 2013 U.S. S. Ct. Briefs Lexis 3187, Eric Schnapper, Harvey Levin, Edward Theobald

Court Briefs

No abstract provided.

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What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans Aug 2013

What Would Congress Want? If We Want To Know, Why Not Ask?, Danieli Evans

Articles

Judges often disagree about which interpretation of a statute is most faithful to 'legislative intent.' If judges are concerned about adhering to democratic preferences when interpreting statutes, why not ask Congress what it would prefer? I propose a procedure that would enable the Court, in a case where Justices are divided over the meaning of a statute, to submit both sides' reasoning to Congress, and Congress may choose to vote on its preferred of the alternative rulings the Court puts before it. Congress's preferences would be evidentiary only; they would not bind the Court to make one decision or another. …

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Brief For Petitioners. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2013 U.S. S. Ct. Briefs Lexis 3164, Eric Schnapper, Indira Talwani, Kevin G. Powers Jul 2013

Brief For Petitioners. Lawson V. Fmr Llc, 134 S. Ct. 1158 (2014) (No. 12-3), 2013 U.S. S. Ct. Briefs Lexis 3164, Eric Schnapper, Indira Talwani, Kevin G. Powers

Court Briefs

No abstract provided.

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Repairing The Antibiotic Pipeline: Can The Gain Act Do It?, Caitlin Forsyth Jul 2013

Repairing The Antibiotic Pipeline: Can The Gain Act Do It?, Caitlin Forsyth

Washington Journal of Law, Technology & Arts

Antibiotic resistance, according to the World Health Organization, is one of the greatest threats to public health. To combat the problem, new antibiotics need to be developed. However, antibiotic research and development is fraught with scientific and economic problems. Recognizing these problems and the public health threat posed by antibiotic resistance, Congress passed the GAIN Act, which President Obama signed into law in June 2012. The GAIN Act (Act) incentivizes pharmaceutical companies to invest in antibiotic research and development. This Article will outline the incentives in the Act and suggest why the Act may not solve the growing antibiotic resistance …

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Conformity In Confusion: Applying A Common Analysis To Wikipedia-Based Jury Misconduct, Matthew Fredrickson Jul 2013

Conformity In Confusion: Applying A Common Analysis To Wikipedia-Based Jury Misconduct, Matthew Fredrickson

Washington Journal of Law, Technology & Arts

In 2012, the United States Court of Appeals for the Fourth Circuit decided United States v. Lawson, a case of first impression about a juror’s use of Wikipedia during deliberations. Had this case been decided in the 1950s, the juror’s contact with the extra-record material during deliberations would have given rise to a presumption of prejudice in favor of the party claiming he was denied a fair trial. However, in the 1980s and 1990s, the United States Supreme Court seemed to eliminate that presumption and place the burden of proving prejudice on the party seeking a new trial. As …

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Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel Jul 2013

Medical Advances, Criminal Disadvantages: The Tension Between Contemporary Antiretroviral Therapy And Criminal Hiv Exposure Laws In The Workplace, Chelsey Heindel

Washington Journal of Law, Technology & Arts

In 1988, the Washington Legislature classified intentionally exposing individuals to the human immunodeficiency virus (HIV) as criminal assault in the first degree. Lawmakers intended to penalize infected individuals without conditioning criminal liability on actual HIV transmission. Since 1988, however, medical technologies and effective HIV treatment have rapidly advanced. Recent studies indicate that effective antiretroviral therapy (ART) can reduce HIV transmission risks to a virtual impossibility during moments of intentional exposure. Despite these medical advances, the 1988 exposure law remains unchanged. Consequently, individuals undergoing effective ART risk felony liability within the course of commonplace work conduct by intentionally exposing others to …

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A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young Jul 2013

A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young

Washington Journal of Law, Technology & Arts

Real-time information technology facilitates more efficient channels of communication. As communication becomes nearly instantaneous and further reaching, it seems probable that more expression will fall within the scope of cyberharassment and cyberstalking laws. Attorneys who represent clients indicted on such criminal charges need to familiarize themselves with possible defenses. This Article suggests invoking the overbreadth doctrine to exonerate a client who is charged with violating the federal cyberstalking statute.

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The Economics And Politics Of Washington's Taxes: From Statehood To 2013, Don Burrows Jun 2013

The Economics And Politics Of Washington's Taxes: From Statehood To 2013, Don Burrows

Washington State Books

The book is divided into three parts. Part I contains five chapters. Chapters 1 and 4 provide a description, comparison and evaluation of Washington’s current tax structure. Chapter 2 provides a description, history and evaluation to the state’s three most important taxes: property, sales and B&O. Chapter 3 describes the roles played by the “tax policy makers” (i.e., citizens, governors, legislators, other public officials, businesses, labor groups, and numerous other interest group) in bringing about those changes. Chapter 5 includes a discussion and an analysis of contentious tax issues of concern to citizens, public officials and interest groups alike. Most …

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When Old Becomes New: Reconciling The Commands Of The Wilderness Act And The National Historic Preservation Act, Nikki C. Carsley Jun 2013

When Old Becomes New: Reconciling The Commands Of The Wilderness Act And The National Historic Preservation Act, Nikki C. Carsley

Washington Law Review

The Wilderness Act created a national framework for the protection of wilderness areas. Although the statute defines wilderness as an area “untrammeled by man, where man himself is a visitor who does not remain,” it leaves room for the “public purposes of recreational, scenic, scientific, educational, conservation, and historical use.” As such, the Wilderness Act clarifies that its purposes are “within and supplemental” to other land-use statutes, including statutes like the National Historic Preservation Act (NHPA), which created a national scheme for preserving historic places and structures. When considering the Wilderness Act relative to the NHPA, agencies and courts have …

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In Washington State, Open Courts Jurisprudence Consists Mainly Of Open Questions, Anne L. Ellington, Jeanine Blackett Lutzenhiser Jun 2013

In Washington State, Open Courts Jurisprudence Consists Mainly Of Open Questions, Anne L. Ellington, Jeanine Blackett Lutzenhiser

Washington Law Review

Issues of public trial and the open administration of justice have been an intense focus of the Washington State Supreme Court in recent years. In its December issue, the Washington Law Review surveyed U.S. and Washington State public trial and public access jurisprudence, and made recommendations for clarifying the constitutional issues involved when a courtroom “closure” occurs. Just before that issue went to press, the Washington State Supreme Court decided four important public trial cases: State v. Sublett, State v. Wise, State v. Paumier, and In re Morris. The court issued fourteen separate opinions, clearly demonstrating …

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Static Versus Dynamic Disclosures, And How Not To Judge Their Success Or Failure, Richard Craswell Jun 2013

Static Versus Dynamic Disclosures, And How Not To Judge Their Success Or Failure, Richard Craswell

Washington Law Review

Disclosure laws can serve many different purposes. This Article is the first to distinguish two of those purposes, which I call static and dynamic disclosures. In brief, static disclosures aim to improve consumers’ choice from among the set of products that are already available on the market. By contrast, dynamic disclosures aim to improve the range of products from which consumers must choose, by sharpening sellers’ incentives to improve the quality of their products. The Article also discusses the various ways in which the effects of static and dynamic disclosures might be measured and evaluated. In doing so, it examines …

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A Solution To The Exempt Well Problem? The New Role Of Counties In Determining Legal Water Availability In Washington State, Jeremy Lieb Jun 2013

A Solution To The Exempt Well Problem? The New Role Of Counties In Determining Legal Water Availability In Washington State, Jeremy Lieb

Washington Journal of Environmental Law & Policy

Washington, like most western states, exempts domestic groundwater use from water rights permitting requirements. The cumulative impact of exempt groundwater use threatens senior water rights and protected stream flows in certain arid parts of the state that have seen significant exurban and suburban development. Exempt domestic wells, however, are only exempt from requirements to obtain a permit and are still subject to regulation under the principles of prior appropriation; exempt well users can be forced to curtail their water use in order to satisfy the full extent of a senior water right. In Kittitas County v. Eastern Washington Growth Management …

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A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans, Michelle Bryan Mudd Jun 2013

A Next, Big Step For The West: Using Model Legislation To Create A Water-Climate Element In Local Comprehensive Plans, Michelle Bryan Mudd

Washington Journal of Environmental Law & Policy

The West is witnessing early, important efforts to join water supply and land use planning, and the reality of climate change makes this convergence all the more critical. Local comprehensive planning presents itself as an existing and indispensable tool for unifying important planning efforts in the areas of land use, water, and climate change. As the primary regulators of land use, local governments are at the front line of regulating a myriad of environmental concerns. They are also integral partners in planning and implementing water-related initiatives alongside tribal, state, federal, and private partners. The West’s potential for broad-based action is …

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The Bonneville Power Administration's Energy Curtailment Problem: An Analysis Of Its Redispatch Policy And Oversupply Protocol P And Their Impact On Washington's Wind Power Producers, Utility Companies, And Energy Independence Act, Drew Pearsall Jun 2013

The Bonneville Power Administration's Energy Curtailment Problem: An Analysis Of Its Redispatch Policy And Oversupply Protocol P And Their Impact On Washington's Wind Power Producers, Utility Companies, And Energy Independence Act, Drew Pearsall

Washington Journal of Environmental Law & Policy

The Bonneville Power Administration (BPA) is the primary transmitter of power in the Pacific Northwest. Charged with operating the federal dams on the Columbia River, the BPA also maintains and operates 15,000 miles of high-voltage power lines that transmit power produced by federal and non-federal power sources alike. Under federal law, the BPA must accept onto its transmission system power from non-federal sources in a manner that is fair, non-preferential, and does not discriminate against non-federal sources. Recently, strong snowpack and periods of heavy runoff have stressed the Federal Columbia River Power System and has led to a problem: the …

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Beijing Municipal Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young Jun 2013

Beijing Municipal Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young

Washington International Law Journal

The Beijing Municipal Regulation to Reward and Protect Persons of Courageous Behavior was enacted on April 21, 2000, and has been in force since August 1, 2000. This translation serves as a source of reference for context on the similar emerging legislation in Guangdong province. The translation is based on Beijing Municipal People’s Congress Standing Committee Bulletin No. 21.

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Guangdong Province Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young Jun 2013

Guangdong Province Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young

Washington International Law Journal

The Guangdong Province Regulation to Reward and Protect Persons of Courageous Behavior emerged after the Foshan hit-and-run incident in 2011. This translation serves as a source of reference on the newly enacted legislation. The regulation was enacted on November 29, 2012 and is now in effect as of January 1, 2013. This translation is based on Bulletin No. 89 issued December 20, 2012 by the 11th Standing Committee of the People’s Congress of Guangdong Province.

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Gene Patents In Australia: A Game Theory Approach, Kate M. Mead Jun 2013

Gene Patents In Australia: A Game Theory Approach, Kate M. Mead

Washington International Law Journal

Gene patent validity is one of the most controversial issues in patent law. In Australia, the question of whether to eliminate human gene patents has reached both Parliament and the federal courts. Opponents of gene patents argue that gene patents increase the cost of healthcare and impede progress in genetic research. Proponents respond that gene patents are essential incentives for the biotech industry, and that Australia has an obligation to recognize them under the WTO-administered Treaty on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Because patents require inventors to publically disclose their discoveries, Australia’s rejection of the gene patent system …

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The Aftermath Of Peng Yu: Restoring Helping Behavior In China, Melody W. Young Jun 2013

The Aftermath Of Peng Yu: Restoring Helping Behavior In China, Melody W. Young

Washington International Law Journal

Can money motivate heroic deeds? China believes so. After Xu XX v. Peng Yu developed a poor judicial precedent that lowered the evidentiary bar for plaintiffs in a personal injury claim, the media’s focus on the controversial reasoning of the case created public fear of civil liability. High-profile media attention on similar events that followed reinforced the fears that the Peng Yu case engendered and chilled helping behavior in China. Yet, a tragic hit-and-run accident involving a two-year-old child in Foshan, China reinvigorated the discourse on the restoration of helping behavior in China. Guangdong Province proposed new legislation to counteract …

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Making Room: Why Inclusionary Zoning Is Permissible Under Washington's Tax Preemption Statute And Takings Framework, Josephine L. Ennis Jun 2013

Making Room: Why Inclusionary Zoning Is Permissible Under Washington's Tax Preemption Statute And Takings Framework, Josephine L. Ennis

Washington Law Review

Inclusionary zoning ordinances, which typically require developers to set aside a percentage of new residential units for low and moderate income households, are a popular mechanism for ensuring the development of affordable housing in many communities. Washington State jurisdictions have been slow to introduce inclusionary zoning—particularly mandatory set-asides—perhaps because of the legal battles they would face. The Washington State Supreme Court previously relied on RCW 82.02.020 (the “tax preemption statute”) to invalidate a low-income housing ordinance in San Telmo Associates v. City of Seattle and in R/L Associates, Inc. v. City of Seattle. Washington courts have also relied on …

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Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman Jun 2013

Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman

Washington Law Review

Scholarship is the work-product of scholars. The word derives the Latin schola, as in school. Hence, scholarship is related to education, which in turn is related to the advancement of human knowledge. By that measure, the best scholarship may increase our knowledge, both practical and theoretical. But when undisclosed bias affects that which is offered up as knowledge, it may unduly slant our understanding of life, law, and other things that matter. While bias-free knowledge may be a utopian ideal, it is, nonetheless, a principle worthy of our respect.

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Disclosure As Distribution, Jeremy N. Sheff Jun 2013

Disclosure As Distribution, Jeremy N. Sheff

Washington Law Review

This brief response to the work of Professors Omri Ben-Shahr and Carl Schneider on mandated disclosure regimes investigates the normative criteria underlying their claim that those regimes are failures. Specifically, it unpacks the pieces of those authors’ implicit cost-benefit analysis, revealing inherently normative judgments about desert and responsibility at the core of their (or any) critique of disclosure regimes. Disclosure regimes may aim to improve human decisionmaking behaviors, but those behaviors are influenced in non-deterministic ways by cognitive capacities that are heterogeneously distributed among subjects of the regimes. Accordingly, any claim regarding the normative desirability of disclosure regimes (or any …

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The Perfect Pairing: Protecting U.S. Geographical Indications With A Sino-American Wine Registry, Laura Zanzig Jun 2013

The Perfect Pairing: Protecting U.S. Geographical Indications With A Sino-American Wine Registry, Laura Zanzig

Washington Law Review

Chinese counterfeiters have infiltrated the wine world, falsely labeling products and using fraudulent geographical indications (GIs). GIs, which function as a type of brand, are internationally protected designations of a product’s origin and characteristics. Recently, United States GIs, such as Napa or Walla Walla, have appeared on bottles of wine composed of Chinese grapes. By misappropriating U.S. brands, Chinese counterfeiters deceive and confuse consumers, disadvantage legitimate businesses, and causes health concerns. Unlike other brands, GIs protect regions, rather than individual producers. This creates a particular void: no single winery can register a GI and no single winery is harmed by …

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Washington's Electronic Signature Act: An Anachronism In The New Millennium, Stephanie Curry Jun 2013

Washington's Electronic Signature Act: An Anachronism In The New Millennium, Stephanie Curry

Washington Law Review

Today, electronic contracting is at the forefront of how consumers, governments, and businesses conduct their affairs. Over the last several decades, electronic contracting has taken on new forms that have raised doubts about contract formation and enforceability. In order to facilitate commerce, the federal government and forty-nine states have responded by passing legislation that gives broad legal recognition to electronic signatures. Washington State is currently the only state that has not updated its electronic signature statute to comport with modern technology and ways of doing business. As a result, Washington’s Electronic Authentication Act is likely preempted by federal law, and …

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All Carrot And No Stick: Why Washington's Clean Water Act Assurances Violate State And Federal Water Quality Laws, Oliver Stiefel Jun 2013

All Carrot And No Stick: Why Washington's Clean Water Act Assurances Violate State And Federal Water Quality Laws, Oliver Stiefel

Washington Law Review

Current Washington State rules governing timber activities—including logging, road construction, and timber processing—were achieved through negotiated compromise. In response to growing concern over the decline of several salmonid species, stakeholders from government agencies, environmental groups, and the timber industry negotiated a plan for regulating timber activities to better meet the needs of aquatic species, while maintaining a robust and sustainable timber industry. The rivers and streams flowing through Washington’s forests provide habitat for numerous aquatic species, including several species of anadromous salmonids. Timber activities, however, pose a threat to healthy habitat. In the 1990s, degraded forest habitat in Washington necessitated …

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Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam Jun 2013

Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam

Washington International Law Journal

Mexico is a transit country for hundreds of thousands of migrants traveling north. Due to economic liberalization, women increasingly migrate in search of employment opportunities, a phenomenon called the “feminization of migration.” As women migrate, they face high risks of sexual and gender-based violence, including sexual assault, rape, kidnapping, and trafficking. During transit, the impunity of organized criminal groups and corrupt state officials facilitate rampant abuse of women. Mexico’s former migration policy exacerbated women’s vulnerability to abuse by criminal organizations by pushing women into dangerous illicit migration channels. In response to the abuse of transmigrants, Mexico passed a sweeping migration …

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Layers Of The Law: A Look At The Role Of Law In Japan Today, Andrew M. Pardieck Jun 2013

Layers Of The Law: A Look At The Role Of Law In Japan Today, Andrew M. Pardieck

Washington International Law Journal

In 1967, Professor Kawashima wrote about a world of vaguely defined rights and norms in Japan. This article argues that world still exists. But it now co-exists with a world that commonly defines rights, in great detail, and regularly invokes them. There are layers of the law in Japan. Primary ordering of relationships and services is often based on complex, legalistic contracts and regulation; secondary ordering is often based on equity, Japanese notions of equity. Examples from contract, employment, and environmental law and practice illustrate this. For each, this paper examines both sides of the coin—transactional ordering and litigated outcomes. …

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Obscurity By Design, Woodrow Hartzog, Frederic Stutzman Jun 2013

Obscurity By Design, Woodrow Hartzog, Frederic Stutzman

Washington Law Review

Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have left the full potential of design untapped. With respect to online communication technologies, design-based solutions for privacy remain incomplete because they have yet to successfully address the trickiest aspect of the Internet—social interaction. This Article posits that privacy-protection strategies such as “Privacy by Design” face unique challenges with regard to social software and social technology due to their interactional nature. This Article proposes that design-based solutions for social technologies benefit from increased attention to user interaction, with a focus on the principles of …

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Pregnant And Prejudiced: The Constitutionality Of Sex- And Race-Selective Abortion Restrictions, Justin Gillette Jun 2013

Pregnant And Prejudiced: The Constitutionality Of Sex- And Race-Selective Abortion Restrictions, Justin Gillette

Washington Law Review

Six states currently restrict a woman’s access to abortion based on her personal motivations for seeking the procedure. These laws, which prohibit abortions that are sought based on the fetus’s sex or race, raise challenging constitutional issues, as the restrictions do not fit neatly into the U.S. Supreme Court’s abortion jurisprudence framework. The constitutionality of these laws is also unclear because no legal challenge has been brought against them. This Comment argues that motive-based abortion restrictions are unconstitutional on several grounds. First, the laws violate the woman’s constitutional liberty rights, which protect the personal beliefs and motivations behind her decision …

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