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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

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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

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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

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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

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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

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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

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Reasonable in Time, Unreasonable in Scope: Maximizing Fourth Amendment Protections Under Rodriguez v. United States

Abstract: In Rodriguez v. United States, the Supreme Court held that a law enforcement officer…

Thomas Heiden | 98 Wash. L. Rev. 1037 (2023) October 1, 2023

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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

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A Democratic Perspective on Tax Law

Abstract: As democracies around the world have faltered, legal scholars in fields as diverse as…

Clint Wallace | 98 Wash. L. Rev. 947 (2023)October 1, 2023

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Marital Disharmony: Examining the Adverse Spousal Testimonial Privilege and Its Impact in Washington State

Abstract: In Washington State, RCW 5.60.060(1) provides that “ spouse or domestic partner shall not…

Sabrina Suen | 98 Wash. L. Rev. 733 (2023)June 1, 2023

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In the Room Where It Happens: How Federal Appropriations Law Can Enforce Tribal Consultation Policies and Protect Native Subsistence Rights in Alaska

Abstract: Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska…

Kieran O'Neil | 98 Wash. L. Rev. 659 (2023)June 1, 2023

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Creating and Maintaining Consistent Standards Regarding the Role of Parental Substance Abuse at Shelter Care Hearings in Washington State

Abstract: When Child Protective Services (CPS) removes children from their home in Washington State, the…

Emma VanderWeyst | 98 Wash. L. Rev. 763 (2023)June 1, 2023

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Per Curiam Signals in the Supreme Court’s Shadow Docket

Abstract: Lower courts and litigants depend a great deal on the Supreme Court to articulate…

Zina Makar | 98 Wash. L. Rev. 427 (2023)June 1, 2023

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#MeToo in Prison

Abstract: For American women and nonbinary people held in women’s prisons, sexual violence by state…

Jenny-Brooke Condon | 98 Wash. L. Rev. 363 (2023)June 1, 2023

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Fast-Tracks and Prizes: A Multi-Pronged Approach to Incentivizing Green Technology Innovation

Abstract: Faced with the ever-worsening climate crisis, many nations—including the United States—have increasingly recognized the…

Benjamin Desch | 98 Wash. L. Rev. 625 (2023)June 1, 2023

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The Five Internet Rights

Abstract: Since the dawn of the commercial internet, content moderation has operated under an implicit…

Nicholas J. Nugent | 98 Wash. L. Rev. 527 (2023)June 1, 2023

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Adopting Nationality

Abstract: Contrary to popular belief, when a child is adopted from abroad by an American…

Irina D. Manta & Cassandra B. Robertson | 98 Wash. L. Rev. 483 (2023)June 1, 2023

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No Sense of Decency

Abstract: For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the…

Kathryn E. Miller | 98 Wash. L. Rev. 115 (2023)March 1, 2023

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Evaluating Congress’s Constitutional Basis to Abolish Felony Disenfranchisement

Abstract: In the past three years, members of Congress unsuccessfully introduced a series of federal…

James E. Lauerman | 98 Wash. L. Rev. 253 (2023)March 1, 2023

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Law’s Credibility Problem

Abstract: Credibility determinations often seal people’s fates. They can determine outcomes at trial; they condition…

Julia Simon-Kerr | Julia Simon-Kerr, Law's Credibility Problem, 98 WASH L. REV 179 (2023).March 1, 2023