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No Sense of Decency

Kathryn E. Miller | 98 Wash. L. Rev. 115 (2023)

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Law’s Credibility Problem

Julia Simon-Kerr | Julia Simon-Kerr, Law's Credibility Problem, 98 WASH L. REV 179 (2023).

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Individual Home-Work Assignments for State Taxes

Hayes R. Holderness | 98 Wash. L. Rev. 53 (2023)

No Sense of Decency

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Abstract: For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article,…

Evaluating Congress’s Constitutional Basis to Abolish Felony Disenfranchisement

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Abstract: In the past three years, members of Congress unsuccessfully introduced a series of federal voting rights legislation, most recently the Freedom to Vote Act. One goal of the legislation…

Law’s Credibility Problem

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Abstract: Credibility determinations often seal people’s fates. They can determine outcomes at trial; they condition the provision of benefits, like social security; and they play an increasingly dispositive role in…

Beyond Title VII: Litigating Harassment by Nonemployees Under the ADA and ADEA

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Abstract: Employees in the United States are protected from unlawful harassment that rises to the level of a “hostile work environment.” Federal circuits recognize that employers could be liable under…
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Could a Political Compromise Be Constitutional? Legal Hurdles for Possible Negotiations with Russia

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The relationship between two post-soviet neighbors—Russia and Ukraine—has a complicated history. Following Russian military aggression in 2014 and the full-scale invasion of Ukraine in 2022, the possibility of normalized relations…

Is It Time to Bury Barry? Why an Old Change at the Legislature Requires a New Look at Washington’s Nondelegation Doctrine

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Abstract: Fifty years ago, the Supreme Court of Washington adopted a relaxed version of the nondelegation doctrine in a case called Barry and Barry v. Department of Motor Vehicles. The…
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