Expanding Judicial Discretion to Grant Compassionate Release During COVID-19

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Abstract: In the 1980s, Congress introduced compassionate release to counteract the increased rigidity of our federal sentencing system. This mechanism allowed courts, through a motion filed by the Bureau of…

A Call to Abolish Determinate-Plus Sentencing in Washington

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Abstract: For certain incarcerated individuals who commit sex offenses, Washington State’s determinate-plus sentencing structure requires a showing of rehabilitation before release. This highly subjective “releasability” determination occurs after an individual…
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When Uncle Sam Spills: A State Regulator’s Guide to Enforcement Actions Against the Federal Government Under the Clean Water Act

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Abstract: The U.S. government is one of the largest polluters on the planet. With over 700 domestic military bases and countless more federal facilities and vessels operating within state borders,…
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Sex Trait Discrimination: Intersex People and Title VII After Bostock v. Clayton County

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Abstract: Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination and harassment on account of sex. Courts have historically failed to extend Title VII protections…
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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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