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Full-Text Articles in Law
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
A New Approach To Statutory Interpretation In Washington, Philip A. Talmadge
Seattle University Law Review
In this article, I will first explore Washington's existing law, both statutory and judicial, on statutory interpretation. I will then evaluate the mechanisms for construing statutes derived from common law and legislative sources. Finally, I will recommend a new paradigm for statutory construction so that legislative intent may be more accurately conveyed to the courts, abandoning many of the time-encrusted canons in favor of principles of interpretation adhering more specifically to the legislature's actual statutory language.
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Seattle University Law Review
This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.
Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan
Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan
Seattle University Law Review
This Comment will first define the peremptory challenge and discuss its history and normative values. It will then examine the United States Supreme Court's treatment of the peremptory challenge, focusing on how the peremptory challenge has changed from a litigation device that lawyers could exercise without explanation to one that at times requires an explanation for it to survive constitutional challenge. Next, this Comment will discuss state courts' independent interpretation of fundamental rights, Washington courts' decisions in harmony with this principle, and State v. Gunwall, the guide to independent constitutional interpretation in Washington. This Comment will show that under …