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Adverse Elements: How Requiring an Adverse Employment Action Element in ADA Failure-to-Accommodate Claims Hinders Disability Rights PRINT EDITION

Adverse Elements: How Requiring an Adverse Employment Action Element in ADA Failure-to-Accommodate Claims Hinders Disability Rights

Abstract: Individuals with disabilities are continuously marginalized by a world tailored to the able-bodied. One…

Ava Jadwiga Wallace | 99 Wash. L. Rev. 1357 (2024)December 1, 2024

In the Name of Tradition: A Comparative Study on Nonestablishment PRINT EDITION

In the Name of Tradition: A Comparative Study on Nonestablishment

Abstract: The Establishment Clause of the First Amendment to the United States Constitution prohibits the government…

Sungmin Cho | 99 Wash. L. Rev. 1321 (2024)December 1, 2024

Too Woke to Fail? ESG and Silicon Valley Bank’s Demise PRINT EDITION

Too Woke to Fail? ESG and Silicon Valley Bank’s Demise

Abstract: The anti-Environmental, Social, and Governance (ESG) movement is unfolding in many states as part…

Xuan-Thao Nguyen | 99 Wash. L. Rev. 1263 (2024)December 1, 2024

Discrimination in Contractual Performance: Theory, Evidence, and Preliminary Policy Prescriptions PRINT EDITION

Discrimination in Contractual Performance: Theory, Evidence, and Preliminary Policy Prescriptions

Abstract: This Article examines the often-overlooked practice of “selective performance” of standard form consumer contracts—where…

Meirav Furth-Matzkin | 99 Wash. L. Rev. 1165 (2024)December 1, 2024

The Grapes of Roth PRINT EDITION

The Grapes of Roth

Abstract: Shortly after Roth Greeting Cards was decided in 1970, its offhand reference to the…

Bruce E. Boyden | 99 Wash. L. Rev. 1093 (2024)December 1, 2024

An Empire of Anti-Democracy: The Imperial Legacies of American Territorial Labor PRINT EDITION

An Empire of Anti-Democracy: The Imperial Legacies of American Territorial Labor

Abstract: A great deal of recent attention has been given to acknowledging the full historical…

Jedidiah J. Kroncke | 99 Wash. L. Rev. 1201 (2024)December 1, 2024

Client Confidentiality as Data Security PRINT EDITION

Client Confidentiality as Data Security

Abstract: The duty of confidentiality has been a cornerstone of the attorney-client relationship for more…

Jonah E. Perlin | 99 Wash. L. Rev. 781 (2024)October 1, 2024

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