Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (202)
- Torts (183)
- Criminal Procedure (160)
- Property Law and Real Estate (154)
- Labor and Employment Law (152)
-
- Civil Procedure (144)
- Family Law (134)
- Legal Profession (113)
- Intellectual Property Law (101)
- Criminal Law (98)
- State and Local Government Law (98)
- Comparative and Foreign Law (95)
- Civil Rights and Discrimination (90)
- Contracts (90)
- Estates and Trusts (90)
- Indigenous, Indian, and Aboriginal Law (89)
- Administrative Law (88)
- Business Organizations Law (88)
- Commercial Law (85)
- Courts (85)
- Environmental Law (82)
- Evidence (78)
- Natural Resources Law (70)
- First Amendment (67)
- Litigation (67)
- Water Law (65)
- Taxation-Federal (62)
- International Law (58)
- Jurisdiction (56)
- Keyword
-
- Community property (25)
- Washington (12)
- First Amendment (10)
- Privacy (10)
- Copyright (9)
-
- Uniform Commercial Code (9)
- Contracts (7)
- Criminal law (7)
- Restatement of the Law of Contracts (7)
- Constitutional Law (6)
- Fourth Amendment (6)
- Incarceration (6)
- Privileged communications (6)
- Property (6)
- Search and seizure (6)
- Washington State (6)
- COVID-19 (5)
- Choice of law (5)
- Due process (5)
- Eighth Amendment (5)
- Environmental Law (5)
- Equal Protection (5)
- Estate planning (5)
- Federal Rules of Civil Procedure (5)
- Federal Tort Claims Act (5)
- Federal Trade Commission (5)
- Law Enforcement (5)
- Litigation (5)
- Patent law (5)
- Public trust doctrine (5)
Articles 481 - 510 of 3365
Full-Text Articles in Law
Washington Trust Laws' Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski
Washington Trust Laws' Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski
Washington Law Review
Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.
"Carving At The Joints": Using Issue Classes To Reframe Consumer Class Actions, Jenna C. Smith
"Carving At The Joints": Using Issue Classes To Reframe Consumer Class Actions, Jenna C. Smith
Washington Law Review
Achieving class certification in consumer litigation is a highly controversial and greatly debated area of civil procedure. Historically, certification under Federal Rule of Civil Procedure 23(b)(3) has been difficult to achieve due to the tension between the presence of individual issues and Rule 23(b)(3)’s predominance, superiority, and management considerations. The future of certification for Rule 23(b)(3) classes was further put in question with the United States Supreme Court’s landmark decision in Wal-Mart v. Dukes in 2011, which enhanced the level of scrutiny courts apply at the Rule 23(a) level of analysis. The Court’s 2013 decisions in Comcast Corp. v. Behrend …
The Decline And (Possible) Renewal Of Aspiration In The Clean Water Act, Robert W. Adler
The Decline And (Possible) Renewal Of Aspiration In The Clean Water Act, Robert W. Adler
Washington Law Review
In the approximately four decades since Congress adopted sweeping amendments to the Federal Water Pollution Control Act—creating what is commonly known as the Clean Water Act (CWA)—the United States has made significant progress in reducing many kinds of water pollution. It is clear, however, that the United States has not attained the most ambitious of the statutory goals and objectives, including the overarching objective to “restore and maintain the chemical, physical, and biological integrity of the nation’s waters.”1 Indeed, although discrete water quality improvements continue in some places and for some forms of pollution, on a national scale progress toward …
A Modified Theory Of The Law Of Federal Courts: The Case Of Arising-Under Jurisdiction, Simona Grossi
A Modified Theory Of The Law Of Federal Courts: The Case Of Arising-Under Jurisdiction, Simona Grossi
Washington Law Review
This Article examines and evaluates the legal process method as a perspective from which to assess the law of federal courts. It then offers a modified approach to legal process that encompasses the full range of considerations that ought to inform modern judicial decision-making in this context. With that modified approach in mind, the article describes and critiques the Supreme Court’s statutory arising-under jurisprudence, both as originally developed and as currently practiced. The article shows that while the Court’s early “arising-under” jurisprudence was founded on durable principles and on the reasoned application of those principles, more recent decisions by the …
Distinct Sources Of Law And Distinct Doctrines: Federal Jurisdiction And Prudential Standing, William James Goodling
Distinct Sources Of Law And Distinct Doctrines: Federal Jurisdiction And Prudential Standing, William James Goodling
Washington Law Review
Federal courts are courts of limited jurisdiction. Their jurisdiction is limited by subject-matter jurisdiction, personal jurisdiction, and, to an uncertain extent, standing. While it is well established that Article III standing is jurisdictional, the federal circuit courts are divided on whether judge-made prudential standing is jurisdictional, and the Supreme Court has not directly weighed in. The jurisdictional status of a doctrine has two important procedural consequences. First, litigants cannot forfeit a defense for lack of jurisdiction, meaning that such a defense can be raised for the first time on appeal. Second, federal courts have a sua sponte obligation to ensure …
Informal Collateral Consequences, Wayne A. Logan
Informal Collateral Consequences, Wayne A. Logan
Washington Law Review
After a thirty-year punitive binge, the nation is in the process of awakening to the vast array of negative effects flowing from its draconian crime control policies. The shift is perhaps most evident in the realm of corrections, which since the early 1980s has experienced unprecedented population growth. Driven by a number of factors, not the least of which is the enormous human and financial cost of mass incarceration, policy makers are now shrinking prison and jail populations and pursuing cheaper non-brick-and-mortar social control options. This Essay examines another facet of the shift: increasing concern over collateral consequences, the many …
An Uneasy Union: Same-Sex Marriage And Religious Exemption In Washington State, Peter Dolan
An Uneasy Union: Same-Sex Marriage And Religious Exemption In Washington State, Peter Dolan
Washington Law Review
Same-sex marriage promises to be one of the defining issues of the twenty-first century. While supporters of same-sex marriage have welcomed a shift in the public’s perception and increasing acceptance of same-sex marriage in the last decade, controversy remains over how to balance the competing rights between marriage equality and religious freedom. While most same-sex marriage statutes around the country include religious exemptions for religious officials, it is unclear how, or whether, these protections should extend to wedding service providers who have a religious objection to same-sex marriage. Conflicts between same-sex couples seeking wedding services and wedding service providers who …
When Old Becomes New: Reconciling The Commands Of The Wilderness Act And The National Historic Preservation Act, Nikki C. Carsley
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 …
In Washington State, Open Courts Jurisprudence Consists Mainly Of Open Questions, Anne L. Ellington, Jeanine Blackett Lutzenhiser
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 …
Static Versus Dynamic Disclosures, And How Not To Judge Their Success Or Failure, Richard Craswell
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 …
Making Room: Why Inclusionary Zoning Is Permissible Under Washington's Tax Preemption Statute And Takings Framework, Josephine L. Ennis
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 …
Disclosure, Scholarly Ethics, And The Future Of Law Reviews: A Few Preliminary Thoughts, Ronald K.L. Collins, Lisa G. Lerman
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.
Disclosure As Distribution, Jeremy N. Sheff
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 …
The Perfect Pairing: Protecting U.S. Geographical Indications With A Sino-American Wine Registry, Laura Zanzig
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 …
Washington's Electronic Signature Act: An Anachronism In The New Millennium, Stephanie Curry
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 …
All Carrot And No Stick: Why Washington's Clean Water Act Assurances Violate State And Federal Water Quality Laws, Oliver Stiefel
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 …
Obscurity By Design, Woodrow Hartzog, Frederic Stutzman
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 …
Pregnant And Prejudiced: The Constitutionality Of Sex- And Race-Selective Abortion Restrictions, Justin Gillette
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 …
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Mandated Disclosure In Literary Hybrid Speech, Zahr K. Said
Washington Law Review
This Article, written for the Washington Law Review’s 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure can and should cure. The Article identifies and calls into question three widely held assumptions underpinning much of the regulation of embedded advertising, or hidden sponsorship, in artistic communications. The first assumption is that advertising can be meaningfully discerned and separated from communicative content for the purposes of mandating disclosure, even when such advertising occurs in “hybrid speech.” The second assumption is that the hidden promotional aspects …
The Lesson Of The 2011 Nfl And Nba Lockouts: Why Courts Should Not Immediately Recognize Players' Union Disclaimers Of Representation, Ross Siler
Washington Law Review
The NFL and NBA lockouts of 2011 challenged the limits of the balance courts have struck between collective bargaining protections and antitrust liability. In each lockout, the respective players’ union argued that the bargaining relationship with team owners ended once the union disclaimed interest in continuing as its players’ bargaining representative. The players further argued that with the bargaining relationship terminated, the nonstatutory labor exemption no longer shielded owners from antitrust liability for their cooperative agreements and activity. Ultimately, both lockouts settled without courts deciding whether a disclaimer of representation marks what the Supreme Court has described as an “extreme …
Controlling The Prosecution Of Bribery: Applying Corporate Law Principles To Define A "Foreign Official" In The Foreign Corrupt Practices Act, Kayla Feld
Washington Law Review
This Comment focuses on the debate surrounding the definition of an “instrumentality” within the Foreign Corrupt Practice Act’s (FCPA) “foreign official” provision. The FCPA prohibits bribery of “foreign officials” but provides little guidance as to the types of entities included within the meaning of an “instrumentality.” The Department of Justice construes this term broadly and therefore can aggressively prosecute alleged corruption. This Comment argues that courts should provide guidance on the definition of a “foreign official” within the meaning of the FCPA by applying principles of control drawn from corporate law. Such guidance would accomplish three important tasks. First, it …
A Tale Of Two Greenmoss Builders, Robert M. O'Neil
A Tale Of Two Greenmoss Builders, Robert M. O'Neil
Washington Law Review
If ever a pending Supreme Court case deserved the merciful disposition of “improvidently granted,” it would seem to be Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Many factors seem to warrant such interment for an elusive and wholly unsatisfying controversy. Arguably, by any objective standard, this case should never have gone beyond a routine and little noted denial of certioriari. Against this unhappy background, let me offer several countervailing and compelling factors that seem to warrant an alternative disposition.
A Rejoinder To Professor Schauer's Commentary, Yale Kamisar
A Rejoinder To Professor Schauer's Commentary, Yale Kamisar
Washington Law Review
It is quite a treat to have Professor Frederick Schauer comment on my Miranda article. Professor Schauer is a renowned authority on freedom of speech and the author of many thoughtful, probing articles in other areas as well, especially jurisprudence. I am pleased that in large measure, Schauer, too, laments the erosion of Miranda in the last four-and- a-half decades and that he, too, was unhappy with the pre-Miranda due process/“totality of circumstances”/“voluntariness” test. I also like what Schauer had to say about “prophylactic rules,” a term that has sometimes been used to disparage the Miranda rules. As Schauer …
Governing Financial Markets: Regulating Conflicts, Kristin N. Johnson
Governing Financial Markets: Regulating Conflicts, Kristin N. Johnson
Washington Law Review
Payment, clearing, and settlement systems constitute a central component in the infrastructure of financial markets. These businesses provide channels for executing the largest and smallest commercial transactions in local, national, and international financial markets. Notwithstanding this significant role, there is a dearth of legal scholarship exploring central clearing counterparties (CCPs) and their contributions to the regulation of financial markets. To address this gap in the literature, this Article sketches the contours of the theory that frames regulation within financial institutions and across financial markets, examines the merits of implementing CCPs, and explores the role of CCPs as primary regulators within …
The Landmark That Wasn't: A First Amendment Play In Five Acts, Lee Levine, Stephen Wermiel
The Landmark That Wasn't: A First Amendment Play In Five Acts, Lee Levine, Stephen Wermiel
Washington Law Review
What follows is an original case study of our First Amendment law of free expression and how it is created by the Supreme Court. Drawing heavily on heretofore unpublished internal papers from the chambers of Justice William Brennan and other Justices, this Article reveals how the 1964 landmark decision in New York Times Co. v. Sullivan was once in serious jeopardy of being overruled. In the course of this discussion, and in their examination of the evolution of the Court’s decision in Dun & Bradstreet v. Greenmoss Builders (1985), the authors describe and analyze: (1) how and to what extent …
Dun & Bradstreet V. Greenmoss Builders As An Example Of Justice Powell's Approach To Constitutional Jurisprudence, Paul M. Smith
Dun & Bradstreet V. Greenmoss Builders As An Example Of Justice Powell's Approach To Constitutional Jurisprudence, Paul M. Smith
Washington Law Review
Given this welcome opportunity to comment on the Levine and Wermiel account, I thought I would use it to offer some thoughts about Justice Powell’s approach to constitutional jurisprudence, particularly in First Amendment cases—an approach well illustrated by the story of Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc.
Dun And Bradstreet Revisited—A Comment On Levine And Wermiel, Scott L. Nelson
Dun And Bradstreet Revisited—A Comment On Levine And Wermiel, Scott L. Nelson
Washington Law Review
Lee Levine and Stephen Wermiel’s account of the internal history of the Supreme Court’s decision in Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. convincingly demonstrates the utility of the papers of retired Justices in facilitating a painstaking reconstruction of the Court’s deliberations. As someone who clerked for Justice Byron White in the October 1984 and 1985 Terms and was thus present during the second of the two years in which the Court considered Dun & Bradstreet, I will not comment on the accuracy of the particular details the Article reports or add any inside information about the Court’s …
The Miranda Warning, Frederick Schauer
The Miranda Warning, Frederick Schauer
Washington Law Review
Largely as a consequence of American television and movies, Miranda v. Arizona may well be the most famous appellate case in the world. On the screen, innumerable actors playing American police officers give Miranda warnings to other actors playing suspects, a portrayal that reflects the reality of genuine police officers giving genuine Miranda warnings to genuine suspects millions of times every year. Indeed, such has been the influence of Miranda that Russian television cops give something like a Miranda warning to suspects even though no actual Russian law imposes such an obligation on real Russian cops. And it is said …
Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff
Inextricably Political: Race, Membership, And Tribal Sovereignty, Sarah Krakoff
Washington Law Review
Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians “racial or political?” If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe) then courts will not subject it to heightened scrutiny. If the classification is racial rather than political, then courts may apply heightened scrutiny. This Article challenges the dichotomy itself. The legal categories “tribe” and “tribal member” are themselves political, and reflect the ways in which tribes and tribal members have been racialized by U.S. …
The Rise, Decline, And Fall (?) Of Miranda, Yale Kamisar
The Rise, Decline, And Fall (?) Of Miranda, Yale Kamisar
Washington Law Review
No abstract provided.