Law Commons^™

Constitutional Theory, Constitutional Culture, Andrew Siegel

Faculty Articles

In evaluating the success of the American constitutional system, constitutional theorists often focus their attention on the broad structures through which constitutional law is made--for example, the existence of multi-member courts a majority of whose members usually must agree on the text of a single opinion or the difference in training and life experiences that judges have in comparison with legislators. The same theorists tend to pay little attention to a related set of institutional arrangements that are more recent in their development--for example, the proliferation of amicus briefs filed by advocacy groups, the substantial increase in the use of …

Strategic Dodging Of Esa Listing Determinations, Madeline Kass

Faculty Articles

Endangered Species Act (ESA) listing determinations create a focal point for controversy and litigation. A decision to list can elicit the full force of the ESA’s “pit bull” regulatory authorities and, potentially, result in onerous regulatory constraints on land uses. A decision not to list can continue the status quo and, potentially, result in species extinction. Increasingly, efforts to avoid ESA protective measures include anticipatory efforts to avert, divert, or postpone listing determinations. This article describes some of these “dodging” efforts and whether they are likely to benefit at-risk species.

Buyer Power And Healthcare Prices, John B. Kirkwood

Faculty Articles

One major reason why healthcare costs are much higher in America than in other countries in that our prices are exceptionally high. In this article, I address whether we ought to rely more heavily on buyer power to reduce those prices, as other nations do. I focus on two sectors where greater buyer could easily be exercised: prescription drugs covered by Medicare and hospital and physician services covered by private insurance. I conclude that the biggest buyer of all, the federal government, should be allowed to negotiate Medicare prescription drug prices. That would substantially reduce the prices of many branded …

Wanted Dead & Alive: Modern Law, Universality, And The Colonial Exception, Tayyab Mahmud

Faculty Articles

The ubiquitous exclusion/inclusion binary is not a helpful frame to measure the depth and reach of constitutionalism and human rights. Inscription of the law over subjugated bodies and spaces continues to subscribe to an enduring grammar of modernity’s engagement with alterity. This grammar is not one of exclusion, but, rather, forms a three-pronged matrix engagement: engulfment/exception/subordination. The Other is not “discovered,” left out or left alone — excluded from operations of constitutional regimes, and then gradually incorporated as a rights-bearing subject. The Other is always-already engulfed in operations of modern law, placed in zones of exception, and positioned in states …

Bridging The North-South Divide: International Environmental Law In The Anthropocene, Carmen Gonzalez

Faculty Articles

This article calls for a fundamental reorientation of international environmental law to bridge the North-South divide and respond to the ecological crises of the Anthropocene. Such a reconceptualization of international environmental law must be normatively grounded in respect for nature and in the quest for environmental justice within, as well as between, countries. International environmental law must directly challenge the relentless drive toward economic expansion and unbridled exploitation of people and nature rather than merely attempt to mitigate its excesses. An essential step toward such a reconceptualization is to examine the ways in which international law has historically engaged with …

Foreword – Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud

Faculty Articles

This article marks the twentieth anniversary of Latina and Latino Critical Legal Theory or the LatCrit organization, an association of diverse scholars committed to the production of knowledge from the perspective of Outsider or OutCrit jurisprudence. The article first reflects on the historical development of LatCrit’s substantive, methodological, and institutional commitments and practices. It argues that these traditions were shaped not only by its members’ goals and commitments but also by the politics of backlash present at its birth in the form of the “cultural wars,” and which have since morphed into perpetual “crises” grounded in neoliberal policies. With this …

The Right To Counsel In Utah: An Assessment Of Trial-Level Indigent Defense Services, The Sixth Amendment Center, The Defender Initiative

Fred T. Korematsu Center for Law and Equality

The Right to Counsel in Utah

An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington State, Robert C. Boruchowitz, Peter A. Collins, Matthew J. Hickman, Mark A. Larranaga

Fred T. Korematsu Center for Law and Equality

An Analysis Of The Economic Costs Of Seeking The Death Penalty In Washington State

Incarcerated Child Birth And “Broader Birth Control”: Autonomy, Regulation, And The State, Deborah Ahrens

Faculty Articles

In recent years, the scholarly literature, the journalistic press, and even pop culture have begun to grapple with the many ways in which prison life works to degrade and dehumanize female prisoners, particularly pregnant women and new mothers. These voices are drawn — quite understandably — to the worst abuses, to practices (such as the shackling of laboring women) that underscore the dichotomy between the brutality of prison life and the allegedly autonomous norms governing pregnancy and parenting in the outside world. This article supplements — and in crucial places challenges — the narrative implicit in those depictions by, first, …

The Green To Blue Pipeline: Defense Contractors And The Police Industrial Complex, Karena Rahall

Faculty Articles

Images of police in tactical gear, pointing automatic weapons at unarmed demonstrators in Ferguson, Missouri, represented a flashpoint in public awareness that American police are rapidly militarizing. Federal grants have been quietly arming police with tanks, drones, and uniforms more suited to waging war than patrolling the streets. As police have acquired more military gear, SWAT teams and deployments have proliferated. Even small towns receive surplus military materiel to fight the “wars” on drugs and terrorism. In addition, police training uses a military approach that threatens to transform the traditional police mandate of protecting and serving into one of engaging …

Tracermarks: A Proposed Information Intervention, Margaret Chon

Faculty Articles

We live in a world of information. But paradoxically, we simultaneously suffer from a scarcity of “smart” information: information that is traceable and therefore reliable, trust-worthy, and ultimately verifiable. Combining the insights of global governance theory with behavioral economics, this Article approaches this challenge from a knowledge governance framework, sets forth various reasons for this unnecessary deficit and proposes an intervention to address it — tracermarks. Envisioned as a hybrid of trademarks and certification marks, tracermarks would encourage various stakeholders to disclose, disseminate and ultimately make decisions about previously hidden qualities of specific goods and services throughout global value networks. …

Applied Legal Storytelling: A Bibliography, Christopher Rideout

Faculty Articles

This article contains a bibliography on the movement known as Applied Legal Storytelling. Those who are interested in Applied Legal Storytelling examine the use of stories—and of storytelling or narrative elements—in law practice, in law school pedagogy, and within the law generally. The Applied Legal Storytelling movement is largely associated with a series of biennial academic conferences that began in 2007, and the majority of the entries in this bibliography originated with presentations at one of those conferences. But the bibliography also acknowledges a number of articles that pre-date 2007 and that could be called precursors. The bibliography first lists …

The Efficiency Norm, Brooke Coleman

Faculty Articles

Efficient is not synonymous with inexpensive. Rather, it refers to an optimal tradeoff between cost and function; a system may simultaneously become both less expensive and less efficient, if the cost savings are offset by an even greater loss of productivity. Yet, this Article argues that if we conceive of the rules and doctrines governing civil procedure as a product, the Judiciary, Congress, and federal civil rulemakers have confused cheap with efficient. They have made this version of “efficiency” — what this Article calls the efficiency norm — the dominant norm of the civil litigation system. This Article argues that …

Asymmetry As Fairness: Reversing A Peremptory Trend, Anna Roberts

Faculty Articles

A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary judicial voices demand the abolition of the peremptory challenge. This article uncovers two phenomena that militate against abolition of the peremptory challenge, and in favor of allowing Batson’s evolution. First, the justifications for abolition apply asymmetrically to prosecution and defense, suggesting that an asymmetrical approach is more apt. Second, the states historically adopted an asymmetrical approach — unequal allocation of peremptory challenges to prosecution and defense — and yet many state legislatures have recently abandoned asymmetry, …

Abrogation Magic: The Rules Enabling Act Process, Civil Rule 84, And The Forms, Brooke Coleman

Faculty Articles

The Committee on the Federal Rules of Practice and Procedure seeks to abrogate Federal Rule of Civil Procedure 84 and its attendant Official Forms. Poof - after seventy-six years of service, the Committee will make Rule 84 and its forms disappear. This Essay argues, however, that like a magic trick, the abrogation sleight of hand is only a distraction from the truly problematic change the Committee is proposing. Abrogation of Rule 84 and the Official Forms violates the Rules Enabling Act process. The Forms are inextricably linked to the Rules; they cannot be eliminated or amended without making a change …

Transitions: From Danielle To Daniel, From Victim To Advocate, Daniel Bryner, Starcia Ague

Seattle Journal for Social Justice

No abstract provided.

Girls’ Court: A Gender Responsive Juvenile Court Alternative, Wendy S. Heipt

Seattle Journal for Social Justice

No abstract provided.

Re-Engaging Youth With The Protective Power Of Education, Daniel T. Satterberg, Violetta A. Stringer, Carla C. Lee

Seattle Journal for Social Justice

No abstract provided.

Invisible Voices, Talib D. Williams

Seattle Journal for Social Justice

No abstract provided.

Listening From The Bench Fosters Civility And Promotes Justice, Paula Lustbader

Seattle Journal for Social Justice

No abstract provided.

Social Purpose Corporations: The Next Targets For Greenwashing Practices And Crowdfunding Scams, Tina H. Ho

Seattle Journal for Social Justice

No abstract provided.

High Society: Washington State’S Recreational Cannabis Law And Its Effects On Child Custody And Visitation Rights, Dana Petersen

Seattle Journal for Social Justice

No abstract provided.

Narco Trafficking, Corruption, And Perpetuated Violence In Guatemala, Ima T. Haque

UROP Posters

ABSTRACT: Narco-trafficking and Perpetuated Violence in Guatemala

Over the years drug cartels have made their way into Guatemala through their borders. Drug trafficking is the main reason why the border between Guatemala and Honduras is one of the most violent locations in Central America. Due to lawlessness and corruption, wealthy drug traffickers assume an authoritative role in the region (Crisis Group, 2014). A 2010 report done by U.S. International Narcotics Control Strategy says that “Guatamala is the epicenter of the drug threat.” (Brice, CNN, 2011). However, the increase in drug related violence is due to Zetas, a Mexican drug cartel. …

Risk-Based Pretrial Release Recommendation And Supervision Guidelines, Mona J.E. Danner, Marie Vannostrand, Lisa M. Spruce

Sociology & Criminal Justice Faculty Publications

[Introduction] Pretrial services agencies in Virginia are actively engaged in identifying, testing, and implementing pretrial services legal and evidence-based practices (LEBP) that are consistent with the legal and constitutional rights afforded to accused persons awaiting trial, and that research has proven to be effective in reducing unnecessary detention while assuring court appearance and the safety of the community during the pretrial stage. The virginia pretrial risk assessment instrument (VPRAI), known nationally as the "Virginia Model," was the first research-based statewide pretrial risk assessment in the country. The VPRAI examines eight risk factors that are weighted to create a risk score, …

"Don't Talk To Me About Deception": The Necessary Erosion Of The Trans-Panic Defense, Aimee Wodda, Vanessa R. Panfil

Sociology & Criminal Justice Faculty Publications

[Introduction] A woman sits on a stage and tells a talk show host that a man who has "liked" many of her pictures on Instagram has wanted to meet her for a month, but it had not yet happened because they live in different parts of the country. He called the talk show in order to facilitate their meeting, and she obliged. However, she tells the talk show host: "But he doesn't know my secret." When the host asks her what it is, she replies that she is transgender, to which the audience makes loud "ooooooh" noises. She says that …

Crime And Punishment, A Global Concern: Who Does It Best And Does Isolation Really Work?, Melanie Reid

Kentucky Law Journal

No abstract provided.

Should Paris Hilton Receive A Lighter Prison Sentence Because She's Rich? An Experimental Study, Josef Montag, Tomáš Sobek

Kentucky Law Journal

The "equal punishment for the same crime" principle is generally agreed upon--yet its implementation differs radically depending on whether the punishment is measured purely in nominal terms or whether the subjective perspective of the punishee is accounted for. This is simply because different people may experience the same punishment with differing intensity.

Legal scholars have recently proposed that improvements in scientific knowledge and advancements in technologies (such as Functional magnetic resonance imaging), which allow us to measure subjective perceptions and feelings, need to be and should be incorporated in our penal systems. This would facilitate calibrating the punishment not only …

Association Of Molecular Pathology V. Myriad Genetics, Inc.: Determining The Scope Of The Supreme Court's Holding For Patentable Subject Matter, Ashley Winkler

Kentucky Law Journal

No abstract provided.

A Uniform Test Isn't Here Right Now, But Please Leave A Message: How Altering The Spence Symbolic Speech Test Can Better Meet The Needs Of An Expressive Society, Caitlin Housley

Kentucky Law Journal

No abstract provided.

The Depth Of Endurance: A Critical Look At Prolonged Solitary Confinement In Light Of The Constitution And A Call To Reform, Shannon H. Church

Kentucky Law Journal

No abstract provided.