Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, and how the canons should be applied in the face of conflicting tribal interests. This piece also celebrates the successes of those two sections and of the Restatement in general. inequality? This Article contributes to these conversations by articulating a comprehensive framework for progressive inheritance law that redresses long-term inequality.
Abstract: This Article examines the topics of all lead articles in Washington Law Review during its past ninety-eight years of publication. The analysis illustrates the changing interests of legal academics,…
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Abstract: Tenancy is a precarious housing arrangement—tenants do not own their homes yet depend on housing stability as a foundation for engaging in almost all aspects of life. For more…
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Abstract: This Article examines the process and outcomes of cannabis legalization in Washington State, offering insights for other states and potential federal legalization schemes. It begins with an overview of…
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