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Articles 721 - 750 of 3365
Full-Text Articles in Law
Wild Dreamers: Meditations On The Admissibiity Of Dream Talk, Louise Harmon
Wild Dreamers: Meditations On The Admissibiity Of Dream Talk, Louise Harmon
Washington Law Review
This article presents a mosaic of interrelated meditations on how judges have dealt with the admissibility of dream talk, interspersed with short digressions on the meaning of dreams from a variety of historical and cultural perspectives. In Part I, I begin with theories about dreams from Aristotle, Hobbes, and others. I then tell the story of O.J. Simpson, wild dreamer extraordinaire, interrupted by a Freudian interlude and a speculation about the theories that the jurors may have silently applied to Simpson's dreams of killing his wife. In Part II, I present three wild dreamers from family court: a husband who …
Foster V. Carson: The Ninth Circuit Misapplies The Capable-Of-Retention-Yet-Evading-Review Exception To The Mootness Doctrine And Lends A Free Hand To Budget-Cutting State Officials, Joshua C. Gaul
Washington Law Review
In Foster v. Carson, public defender organizations and indigent defendants sued the chief justice of the Oregon Supreme Court for suspending appointments of indigent defense counsel. Before the parties could fully litigate the case, the chief justice reinstated appointments. Subsequently, the United States Court of Appeals for the Ninth Circuit dismissed the case as moot and held that the exception to the mootness doctrine for cases capable-of-repetition-yet-evading-review did not apply. A case falls under that exception when the party resisting mootness demonstrates that it was not possible to fully litigate the action before it ceased and there is a …
Capsized By The Constitution: Can Washington State Ferries Meet Federal Screening Requirements And Still Pass State Constitutional Muster?, David J. Perkins
Capsized By The Constitution: Can Washington State Ferries Meet Federal Screening Requirements And Still Pass State Constitutional Muster?, David J. Perkins
Washington Law Review
In response to the threat of international terrorism, the United States Coast Guard has issued new regulations requiring every ferry operator to begin screening passengers and vehicles for dangerous items. These new regulations will force Washington State Ferries (WSF), the agency responsible for operating the State's ferry system, to either begin screening passengers and vehicles or face a possible shutdown. Compliance, however, poses problems for WSF because of privacy protections under the Washington State Constitution. Article I, section 7 of the state constitution contains an explicit protection of privacy. This section provides broader protections from warrantless searches by state actors …
Protestors Have Fourth Amendment Rights, Too: In Graves V. City Of Coeur D'Alene, The Ninth Circuit Clouds Clearly Established Law Governing Searches, Holly Vance
Washington Law Review
In Graves v. City of Coeur d'Alene, the United States Court of Appeals for the Ninth Circuit concluded that a police officer should not have arrested a protestor at an Aryan Nations parade when the protestor refused to allow the officer to search his backpack. The court held that the arrest was illegal because the officer had no probable cause to believe the protestor was carrying a weapon. However, the court also held that the arresting officer was entitled to qualified immunity and thus not liable for his violation of the protestor's rights. Qualified immunity is a privilege that …
Conceptualizing The Right To Access To Technology, Morton J. Horwitz
Conceptualizing The Right To Access To Technology, Morton J. Horwitz
Washington Law Review
Accepting that a wider distribution of access to technology is, like wider access to education in general, a social good that is usually to be applauded and promoted, my role is not to defend a broader access to technology but rather to suggest the ways in which an advocate might invoke legal categories and concepts in order to advance that goal. By focusing on legal categories, I should emphasize, I wish to slide past any general moral argument about the injustice of the overall distribution of wealth and how a more just distribution could most efficaciously solve many special problems …
The Common Law Process: A New Look At An Ancient Value Delivery System, Dennis J. Sweeney
The Common Law Process: A New Look At An Ancient Value Delivery System, Dennis J. Sweeney
Washington Law Review
Have common law courts subtly and incrementally put themselves out of the substantial and traditional business of law-making or, at least, put themselves out of business as we once knew it? More personally, do I belong here? Or am I helping to betray the common law tradition I preach and practice and which has served the citizens of Washington since statehood and before? The short answer is: I think not. Each of the relevant principles, if they are to have any practical application at all, must someday be applied by a court to an actual case, to an actual controversy. …
Crafting A License To Know From A Privilege To Access, Jane K. Winn
Crafting A License To Know From A Privilege To Access, Jane K. Winn
Washington Law Review
Recognizing a defense to a claim of trespass in Internet cases based on a finding of constructive consent provides a doctrinal basis for privileging some forms of access while acknowledging a right to exclude certain other forms of access. Focusing attention on the public character of the Internet and assigning a clear legal significance to the equipment owner's deliberate choice to participate in that arena provide a more secure legal foundation for such a privilege to access than the "functional impairment" standard offered by the California Supreme Court. The contours of such a doctrine of constructive consent to Internet access …
Some Reflections On Long-Term Lessons And Implications Of The Access To Justice Technology Bill Of Rights Process, Richard Zorza
Some Reflections On Long-Term Lessons And Implications Of The Access To Justice Technology Bill Of Rights Process, Richard Zorza
Washington Law Review
The Washington State Access to Justice Technology Bill of Rights (ATJ-TBoR) process (Process), described in detail in both its substantive and procedural aspects in other papers in this volume, has the potential to have a major impact on access to justice in the state—its first and primary goal. In addition, however, it has the potential to have broader implications in the legal world, in the process of legal innovation, in access to other services, and internationally. This paper is intended to start the debate about these implications and how they can be optimized and maximized.
Technology And The Washington State Administrative Process—Some Preliminary Notes, William R. Andersen
Technology And The Washington State Administrative Process—Some Preliminary Notes, William R. Andersen
Washington Law Review
This brief report summarizes information obtained by a preliminary survey in the spring of 2003 of what some Washington state agencies are doing with technology. The agencies surveyed included the Utilities and Transportation Commission and the Departments of Ecology, Revenue, Social and Health Services, and Labor and Industries. To keep the subject within bounds—and within the central focus of the Access to Justice Technology Bill of Rights project—the survey inquired into the use of technology in those parts of the administrative process that are similar to legal process generally—i.e., those components of the administrative process through which binding general principles …
Internet And The Justice System, Vincent G. Cerf
Internet And The Justice System, Vincent G. Cerf
Washington Law Review
In this brief Essay, it is my intention to outline some of the implications of widespread access to and reliance on the Internet with respect to our American system of justice.
Government-To-Citizen Online Dispute Resolution: A Preliminary Inquiry, Anita Ramasastry
Government-To-Citizen Online Dispute Resolution: A Preliminary Inquiry, Anita Ramasastry
Washington Law Review
This Article first examines the use of ODR [online dispute resolution] as a tool for private sector dispute resolution. It explores some of the reasons for a slower rate of uptake in business-to-consumer e-commerce disputes. The Article then suggests that a new and innovative use for ODR may be for public sector dispute resolution—between governments and citizens. The use of technology for public dispute resolution may promote access to justice in the administrative context.
Online Court Records: Balancing Judicial Accountability And Privacy In An Age Of Electronic Information, Peter A. Winn
Online Court Records: Balancing Judicial Accountability And Privacy In An Age Of Electronic Information, Peter A. Winn
Washington Law Review
This Article examines the traditional balance courts have reached between the disclosure of information generated by the judicial process and the need at times to limit the disclosure of that information. The Article then examines how this traditional balance is upset when judicial information is placed online. The Article argues that as courts adapt to a world of electronic information, new rules and practices must be established to maintain the policies underlying the traditional balance. While there must continue to be a presumption of openness, courts must limit the disclosure of judicial information when it threatens the effective administration of …
The End Of Technology: A Polemic, Louis E. Wolcher
The End Of Technology: A Polemic, Louis E. Wolcher
Washington Law Review
This essay is a philosophical polemic against the essence of modern technology. The piece does not advance a Luddite's agenda, however, since it describes modern technology's essence as technological thinking, rather than as the manifold of technical instruments and processes. Technological thinking is not just careful planning towards well thought-out ends. Rather, it is an entire orientation to life, and as such it is a monstrosity: it relentlessly and heartlessly transforms the world's beings, including human beings, into measurable units of production and consumption that are constantly being judged for their contributions to "productivity." Nature is thus made into a …
Technology, Values, And The Justice System: Introduction, Gerry Alexander
Technology, Values, And The Justice System: Introduction, Gerry Alexander
Washington Law Review
This conference will focus on the fact that whether we like it or not the new information and communication technologies, including the Internet, have begun to enter the justice system, will continue to do so, and will in many ways affect the system in the future. We in the judiciary and other legal fields have come to recognize that the current and future use of such technologies pose significant challenges and opportunities as we continue our quest to guarantee full and equal access to the justice system. Technology can provide increased pathways for access to justice, but it can also …
Towards A Theory Of Legitimate Access: Morally Legitimate Authority And The Right Of Citizens To Access The Civil Justice System, Kenneth Einar Himma
Towards A Theory Of Legitimate Access: Morally Legitimate Authority And The Right Of Citizens To Access The Civil Justice System, Kenneth Einar Himma
Washington Law Review
This Article considers the issue of what the state is morally obligated to provide by way of citizen access to the civil justice system. It begins by describing the general problem of morally legitimate authority and how it bears on the problem of access to the civil justice system. It then identifies three different approaches to the general problem of morally legitimate authority and argues that none of these approaches warrants thinking that the state is morally obligated to provide each citizen with perfectly equal access to the civil justice system. The argument concludes that the three approaches to legitimacy …
Potential Washington State General Court Rule: Access To Justice And Technology, Washington State Access To Justice Board
Potential Washington State General Court Rule: Access To Justice And Technology, Washington State Access To Justice Board
Washington Law Review
The Access to Justice Technology Principles appended to this Rule state the governing values, principles, and standards which shall guide the use of technology in the Washington State justice system. These Principles apply to all courts of law, clerks, and court administrators and to all other persons and parts of the Washington justice system under the rule-making authority of this Court. These Principles shall be considered with other governing law and court rules by the courts of the State of Washington in deciding the appropriate use of technology in the administration of the courts and the cases that come before …
Keeping Attorneys From Trashing Identities: Malpractice As Backstop Protection For Clients Under The United States Judicial Conference's Policy On Electronic Court Records, Michael Caughey
Washington Law Review
Federal courts in the United States have embraced electronic access to court records because it promises to allow courts to run more efficiently. At the same time, critics worry that electronically available court records might provide identity thieves with a trove of clients' personal information. The United States Judicial Conference has adopted a policy endorsing electronic access to court records, but the policy does not contain an express enforcement mechanism to protect clients' privacy. While court-directed protections, such as Rule I 1 sanctions, might help prevent identity theft, they will not help clients after the crime occurs. To recover their …
Privacy As Contextual Integrity, Helen Nissenbaum
Privacy As Contextual Integrity, Helen Nissenbaum
Washington Law Review
The practices of public surveillance, which include the monitoring of individuals in public through a variety of media (e.g., video, data, online), are among the least understood and controversial challenges to privacy in an age of information technologies. The fragmentary nature of privacy policy in the United States reflects not only the oppositional pulls of diverse vested interests, but also the ambivalence of unsettled intuitions on mundane phenomena such as shopper cards, closed-circuit television, and biometrics. This Article, which extends earlier work on the problem of privacy in public, explains why some of the prominent theoretical approaches to privacy, which …
Washington State Access To Justice Technology Principles, Washington State Access To Justice Board
Washington State Access To Justice Technology Principles, Washington State Access To Justice Board
Washington Law Review
This statement presumes a broad definition of access to justice, which includes the meaningful opportunity, directly or through other persons: (1) to assert a claim or defense and to create, enforce, modify, or discharge a legal obligation in any forum; (2) to acquire the procedural or other information necessary (a) to assert a claim or defense, or (b) to create, enforce, modify, or discharge an obligation in any forum, or (c) to otherwise improve the likelihood of a just result; (3) to participate in the conduct of proceedings as witness or juror; and (4) to acquire information about the activities …
Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory M. Silverman
Rise Of The Machines: Justice Information Systems And The Question Of Public Access To Court Records Over The Internet, Gregory M. Silverman
Washington Law Review
In the first half of the present Article, I introduce the reader to this technology (Part II) and its likely role in evolving justice information systems (Parts I and III). In the second half of the Article, I enter the debate over whether the public should be permitted access to court records over the Internet. After explaining the origins, history, and principal sides of this debate (Part IV), I argue, first, that when used properly, XML permits the public to have access to court records over the Internet while promoting public safety and protecting personal security (Part V) and, second, …
Balancing Consumer Interests In A Digital Age: A New Approach To Regulating The Unauthorized Practice Of Law, Cristina L. Underwood
Balancing Consumer Interests In A Digital Age: A New Approach To Regulating The Unauthorized Practice Of Law, Cristina L. Underwood
Washington Law Review
States have traditionally relied on unauthorized practice of law statutes and court rules to restrict nonlawyers from providing legal services. A majority of courts assess compliance with these statutes by applying set practice of law definitions and restrictive court precedent to nonlawyer activity. These methods of enforcement have failed to balance consumer protection concerns with the public's need for access to affordable legal services. Most state practice of law definitions have proven inflexible, broadly barring the practice of law by nonlawyers, with few exceptions. Courts interpreting unauthorized practice statutes have created bright-line rules that favor consumer protection, failing to incorporate …
Technology, Values, And The Justice System: The Evolution Of The Access To Justice Technology Bill Of Rights, Donald J. Horowitz
Technology, Values, And The Justice System: The Evolution Of The Access To Justice Technology Bill Of Rights, Donald J. Horowitz
Washington Law Review
To transform these values into reality, the Washington State Supreme Court Order gave the ATJ Board the mission to promote and facilitate equal access to justice, and, among other tasks, to develop and implement policies and initiatives that enhance, improve, and strengthen access to justice. On November 2, 2000, the Court entered an Order which reauthorized the ATJ Board as a permanent body, charging it with responsibility to assure high quality access for all persons in Washington State who suffer disparate access barriers to the justice system. The Court gave the ATJ Board the specific task, among others, to "develop …
Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza
Designing An Accessible, Technology-Driven Justice System: An Exercise In Testing The Access To Justice Technology Bill Of Rights, T. W. Small, Robert Boiko, Richard Zorza
Washington Law Review
The Access to Justice Technology Bill of Rights project, sponsored by the Access to Justice Board of Washington State, included a committee composed of attorneys, judges, technologists, and librarians charged with envisioning an ideal civil justice system. Our goals were to design a system with certain core values (e.g., due process and access to justice), test the system using a complex family law scenario, determine what opportunities technology brings to the table, and identify what barriers technology creates for persons using the system. This Article describes an idealized civil justice system (System) unlike anything that presently exists. The System is …
Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke
Unpacking New Policing: Confessions Of A Former Neighborhood District Attorney, Alafair S. Burke
Washington Law Review
This Article attempts to reframe a burgeoning scholarly debate about the appropriateness of neighborhood self-governance as both a means to local crime control and a normatively worthy end in itself. On one side of the existing debate stands an emerging and influential group of "new discretion" scholars, who defend the delegation of discretion to police officers attempting to enforce social norms that are often ambiguous. These scholars argue that the support and involvement of so-called "communities" in such law enforcement efforts can be an adequate substitute for traditional judicial scrutiny of police discretion, particularly the prohibition against vague criminal laws. …
Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny
Who Can Defend A Federal Regulation? The Ninth Circuit Misapplied Rule 24 By Denying Intervention Of Right In Kootenai Tribe Of Idaho V. Veneman, Stephanie D. Matheny
Washington Law Review
In Kootenai Tribe of Idaho v. Veneman, the United States Court of Appeals for the Ninth Circuit misapplied Rule 24 of the Federal Rules of Civil Procedure by denying intervention of right to organizations that had protectable interests in the adoption and implementation of the Roadless Rule. The court based its decision to deny intervention of right on its federal defendant rule, which bars intervention of right by parties other than the federal government to defend a challenge brought under the National Environmental Policy Act (NEPA). The Kootenai decision extended the reach of the federal defendant rule to include …
Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson
Abrogation Or Regulation? How Anderson V. Evans Discards The Makah's Treaty Whaling Right In The Name Of Conservation Necessity, Zachary Tomlinson
Washington Law Review
From 1787 to 1871, the federal government and various Indian tribes entered into hundreds of treaties. Under well-established U.S. Supreme Court precedent, the U.S. Congress has plenary authority to abrogate or modify any of these treaties. The U.S. Supreme Court is reluctant to find congressional intent to do so, however, and requires that this intent be clear and plain. States have no such power to qualify treaties, but the Court has allowed states to regulate treaty rights when doing so is necessary for species conservation. While the U.S. Supreme Court has kept these two lines of cases distinct, the U.S. …
Dr. Jekyll's Waiver Of Mr. Hyde's Right To Refuse Medical Treatment: Washington's New Law Authorizing Mental Health Care Advance Directives Needs Additional Protections, Nick Anderson
Washington Law Review
Mental health care advance directives are gaining popularity nationwide. Following a growing trend, the Washington State Legislature has recently passed a law allowing patients to draft mental health care advance directives that could be irrevocable. Patients who sign an irrevocable directive essentially waive their fundamental right to refuse treatment in the future. The United States Supreme Court has held that waivers of fundamental rights must be made knowingly, voluntarily, and intelligently. However, as passed, Washington's new law contains insufficient safeguards to guarantee such a waiver. This Comment proposes that the Washington State Legislature amend this law to require two additional …
When Animals Invade And Occupy: Physical Takings And The Endangered Species Act, Rebecca E. Harrison
When Animals Invade And Occupy: Physical Takings And The Endangered Species Act, Rebecca E. Harrison
Washington Law Review
Government actions implementing the Endangered Species Act (ESA) on private lands have sparked extensive debate and litigation over whether such actions result in Fifth Amendment takings. To date, courts have uniformly rejected regulatory takings claims under the ESA, leading several landowners to advance a different theory-physical takings claims. Successful physical takings claims require landowners to show that government actions resulted in either per se physical takings or compensable physical invasions of their land. In two recent decisions, Boise Cascade Corp. v. United States,/i> and Seiber v. United States, courts rejected per se physical takings claims under the ESA, finding …
Fish As Pollutants: Limitations Of And Crosscurrents In Law, Science, Management, And Policy, Jeremy Firestone, Robert Barber
Fish As Pollutants: Limitations Of And Crosscurrents In Law, Science, Management, And Policy, Jeremy Firestone, Robert Barber
Washington Law Review
When we think of pollutants, we either consciously or unconsciously draw a bright line between pollutants and what might be called "natural." That which is natural cannot be a pollutant; that which is a pollutant cannot be natural. It seems odd to speak of live fish as pollutants, as odd as it would be to speak of dioxins as natural. Nevertheless, the traditional definition of fish as natural may be fading as our awareness of the adverse environmental effects of accidental or poorly planned fish introductions increases. Along these lines, a federal court recently found that non-native Atlantic salmon that …
Miranda'S Poisoned Fruit Tree: The Admissibility Of Physicial Evidence Derived From An Unwarned Statement, Kirsten Lela Ambach
Miranda'S Poisoned Fruit Tree: The Admissibility Of Physicial Evidence Derived From An Unwarned Statement, Kirsten Lela Ambach
Washington Law Review
Miranda v. Arizona created an exclusionary rule that prohibits using, as part of the prosecution's case in chief, evidence that is obtained as the result of unwarned custodial interrogation. In Michigan v. Tucker and Oregon v. Elstad, the United States Supreme Court narrowed the scope of this rule in relation to the "fruit of the poisonous tree" doctrine that excludes all evidence derived from constitutional violations. The Tucker Court held that the testimony of a witness identified from an unwarned statement should be admitted, and the Elstad Court held that a warned statement following an unwarned statement should also …