PRINT EDITION Surprises in the Skies: Resolving the Circuit Split on How Courts Should Determine Whether an “Accident” is “Unexpected or Unusual” Under the Montreal Convention Abstract: Article 17 of both the Montreal Convention and its predecessor, the Warsaw Convention, imposes…Ashley Tang | 98 Wash. L. Rev. 1449 (2023)December 1, 2023
PRINT EDITION Following the Science: Judicial Review of Climate Science Abstract: Climate change is the greatest existential crisis of our time. Yet, to date, Congress…Maxine Sugarman | 98 Wash. L. Rev. 1405 (2023)December 1, 2023
PRINT EDITION Wrong or (Fundamental) Right?: Substantive Due Process and the Right to Exclude Abstract: Substantive due process provides heightened protection from government interference with enumerated constitutional rights and unenumerated—but…Jack May | 98 Wash. L. Rev 1355 (2023)December 1, 2023
PRINT EDITION The Administrative State’s Jury Problem Abstract: This Article argues that the administrative state’s most acute constitutional fault is its routine…Richard Lorren Jolly | 98 Wash. L. Rev. 1187 (2023)December 1, 2023
PRINT EDITION Trademarks in an Algorithmic World Abstract: According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information…Christine Haight Farley | 98 Wash. L. Rev. 1123 (2023)December 1, 2023
PRINT EDITION Private Police Regulation and the Exclusionary Remedy: How Washington Can Eliminate the Public/Private Distinction Abstract: Private security forces such as campus police, security guards, loss prevention officers, and the…Jared Rothenberg | 98 Wash. L. Rev. 1081 (2023)October 1, 2023
PRINT EDITION After The Criminal Justice System Abstract: Since the 1960s, the “criminal justice system” has operated as the common label for…Benjamin Levin | 98 Wash. L. Rev. 899 (2023)October 1, 2023
PRINT EDITION One Crisis or Two Problems? Disentangling Rural Access to Justice and the Rural Attorney Shortage Abstract: We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten…Daria F. Page & Brian R. Farrell | 98 Wash. L. Rev. 849 (2023)October 1, 2023
PRINT EDITION Taking the Long Road: The Excessive Fines Clause as a Tool for Protecting Washington’s Unsheltered Population Abstract: Over the last decade, Washington State has seen a substantial increase in its unhoused…Anna Ferron | 98 Wash. L. Rev. 1007 (2023)October 1, 2023
PRINT EDITION Reifying Injustice: Using Culturally Specific Tattoos as a Marker of Gang Membership Abstract: The “gang” label has been so highly racialized that white people who self- identify…Beth Caldwell | 98 Wash. L. Rev. 787 (2023)October 1, 2023