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The Obvious Violation Exception to Qualified Immunity: An Empirical Study PRINT EDITION

The Obvious Violation Exception to Qualified Immunity: An Empirical Study

Abstract: Qualified immunity shields government officials from civil suits for discretionary actions, as long as…

Bailey D. Barnes | 99 Wash. L. Rev. 725 (2024)October 1, 2024

Intoxicated Scootering: Rethinking Electric Scooter Liability in Washington PRINT EDITION

Intoxicated Scootering: Rethinking Electric Scooter Liability in Washington

Abstract: The widespread acceptance of electric scooters has transformed the landscape of urban transportation. Yet,…

David Goodwin | 99 Wash. L. Rev. 953 (2024)October 1, 2024

Transportation Racism and State-Created Danger: A Civil Rights Litigation Strategy for Pedestrians Harmed by Traffic Violence PRINT EDITION

Transportation Racism and State-Created Danger: A Civil Rights Litigation Strategy for Pedestrians Harmed by Traffic Violence

Abstract: Pedestrian fatality rates in the United States are markedly high compared to peer nations…

Riley Freedman | 99 Wash. L. Rev. 919 (2024)October 1, 2024

The Shortseller Enrichment Commission? Whistleblowers, Activist Short Sellers, and the New Privatization of Public Enforcement PRINT EDITION

The Shortseller Enrichment Commission? Whistleblowers, Activist Short Sellers, and the New Privatization of Public Enforcement

Abstract: Two developments have transformed the detection of corporate fraud in the last decade: the…

Alexander I. Platt | 99 Wash. L. Rev. 843 (2024)October 1, 2024

Fake Drake? AI Music Generation Implicates Copyright and the Right of Publicity PRINT EDITION

Fake Drake? AI Music Generation Implicates Copyright and the Right of Publicity

Abstract: Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from…

Hope Juzon | 99 Wash. L. Rev. 987 (2024)October 1, 2024

Let Sleeping Dogs Lie: A Comparative Analysis of the Dormant Commerce Clause and Internal Trade Barrier Mitigation PRINT EDITION

Let Sleeping Dogs Lie: A Comparative Analysis of the Dormant Commerce Clause and Internal Trade Barrier Mitigation

Abstract: The Dormant Commerce Clause jurisprudence of the United States has been one of the…

Naman Patel | 99 Wash. L. Rev. 1017 (2024)October 1, 2024

From Lightbulbs to #Sheinhauls: Considerations for Planned Obsolescence Regulation in the Modern Era PRINT EDITION

From Lightbulbs to #Sheinhauls: Considerations for Planned Obsolescence Regulation in the Modern Era

Abstract: “Planned obsolescence,” broadly defined as conduct by manufacturers to shorten product lifespans and spur…

Nicole Cullen | 99 Wash. L. Rev. 607 (2024)June 1, 2024

Disparately Disabled: Advocating for All Federal Courts of Appeals to Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law PRINT EDITION

Disparately Disabled: Advocating for All Federal Courts of Appeals to Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law

Abstract: People with disabilities have the same rights and deserve to enjoy the same privileges…

Dustine Bowker | 99 Wash. L. Rev. 561 (2024)June 1, 2024

Internet Drug Prohibition and the Opioid Overdose Crisis PRINT EDITION

Internet Drug Prohibition and the Opioid Overdose Crisis

Abstract: The Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act) prohibits controlled substance…

Benjamin A. Barsky | 99 Wash. L. Rev. 361 (2024)June 1, 2024

Radical Visions for the Law of Peace: How W.E.B. Du Bois and the Black Antiwar Movement Reimagined Civil Rights and the Laws of War and Peace PRINT EDITION

Radical Visions for the Law of Peace: How W.E.B. Du Bois and the Black Antiwar Movement Reimagined Civil Rights and the Laws of War and Peace

Abstract: This Article reconstructs the history of Black antiwar activism in the twentieth-century United States…

Andrew J. Lanham | 99 Wash. L. Rev. 433 (2024)June 1, 2024

State Constitutional Prohibitions of Slavery and Involuntary Servitude PRINT EDITION

State Constitutional Prohibitions of Slavery and Involuntary Servitude

Abstract: In recent years, the Thirteenth Amendment has drawn sustained criticism for its “Punishment Clause,”…

Michael L. Smith | 99 Wash. L. Rev. 523 (2024)June 1, 2024

The Penal Judgment Exception to Full Faith and Credit: How to Bind the Bounty Laws PRINT EDITION

The Penal Judgment Exception to Full Faith and Credit: How to Bind the Bounty Laws

Abstract: In the current moment of interstate friction over abortion, the penal judgment exception poses…

Walker McKusick | 99 Wash. L. Rev. 649 (2024)June 1, 2024

Washington Civil Jury Trials Via Zoom: Perspectives from the Bench PRINT EDITION

Washington Civil Jury Trials Via Zoom: Perspectives from the Bench

Abstract: Many professions have felt the impact of the coronavirus (COVID-19) pandemic, including the legal…

Marisa Pasnick | 99 Wash. L. Rev. 685 (2024)June 1, 2024

The Kids Are Not Alright: Negative Consequences of Student Device and Account Surveillance PRINT EDITION

The Kids Are Not Alright: Negative Consequences of Student Device and Account Surveillance

Abstract: In recent years, student surveillance has rapidly grown. As schools have experimented with new…

Ashley Peterson | 99 Wash. L. Rev. 235 (2024)March 1, 2024

Preempting Private Prisons PRINT EDITION

Preempting Private Prisons

Abstract: In 2019 and 2021, respectively, California and Washington enacted laws banning the operation of…

Christopher Matthew Burgess | 99 Wash. L. Rev. 201 (2024)March 1, 2024

Speaking Back to Sexual Privacy Invasions PRINT EDITION

Speaking Back to Sexual Privacy Invasions

Abstract: Many big players in the internet ecosystem do not like hosting sexual expression. They…

Brenda Dvoskin | 99 Wash. L. Rev. 59 (2024)March 1, 2024

From Precedent to Policy: The Effects of Dobbs on Detained Immigrant Youth PRINT EDITION

From Precedent to Policy: The Effects of Dobbs on Detained Immigrant Youth

Abstract: In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson…

Ciera Phung-Marion | 99 Wash. L. Rev. 277 (2024)March 1, 2024

Copyright’s Public Reliance Interests PRINT EDITION

Copyright’s Public Reliance Interests

Abstract: Courts are increasingly invoking copyright law’s “scenes a faire” doctrine, which precludes infringement liability…

Bo S. L. Kim | 99 Wash. L. Rev. 107 (2024)March 1, 2024

Salvaging Federal Domestic Violence Gun Regulations in Bruen’s Wake PRINT EDITION

Salvaging Federal Domestic Violence Gun Regulations in Bruen’s Wake

Abstract: Congress passed two life-saving laws in the mid-1990s: a protection order prohibition, which bars…

Bonnie Carlson | 99 Wash. L. Rev. 1 (2024)March 1, 2024

In the Midst of Bankruptcy: How Cryptocurrency’s Classification Affects Creditors Who Were Once Customers PRINT EDITION

In the Midst of Bankruptcy: How Cryptocurrency’s Classification Affects Creditors Who Were Once Customers

Abstract: In 2022, Congress proposed the Digital Commodities Consumer Protection Act to amend the Commodity…

Mia Qu | 99 Wash. L. Rev. 323 (2024)March 1, 2024