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Water Banks in Washington State: A Tool for Climate Resilience

Abstract: Water banks—a tool for exchanging senior water rights and offsetting new ones—can address multiple…

Jennifer J. Seely | 96 Wash. L. Rev. 729June 1, 2021

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How Far Will FARA Go? The Foreign Agents Registration Act and the Criminalization of Global Human Rights Advocacy

Abstract: The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II…

Monica Romero | 96 Wash. L. Rev. 695June 1, 2021

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Bully No More: Why Trademark Owners Engage in Trademark Overreach and How to Prevent It

Abstract: At its core, trademark law exists as a tool for consumer protection. Thus, trademark owners…

Quynh La | 96 Wash. L. Rev. 667June 1, 2021

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Benevolent Exclusion

Abstract: The American jury system holds the promise of bringing commonsense ideas about justice to…

Anna Offit | 96 WASH. L. REV. 613June 1, 2021

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Inheritance Crimes

Abstract: The civil justice system has long struggled to resolve disputes over end-of-life transfers. The…

David Horton & Reid Kress Weisbord | 96 WASH. L. REV. 561June 1, 2021

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Talking Back in Court

Abstract: People charged with crimes often speak directly to the judge presiding over their case.…

M. Eve Hanan | 96 Wash. L. Rev. 493June 1, 2021

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Beyond “Children Are Different”: The Revolution in Juvenile Intake and Sentencing

Abstract: For more than 120 years, juvenile justice law has not substantively defined the core…

Josh Gupta-Kagan | 96 WASH. L. REV. 425June 1, 2021

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Health Care Fraud Means Never Having to Say You’re Sorry

Abstract: For decades, the Department of Justice (DOJ) has issued a steady flood of press…

Jacob T. Elberg | 96 Wash. L. Rev. 371June 1, 2021

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Revising Reasonableness in the Cloud

Abstract: This Article argues that trusts and estates (“T&E”) should prioritize intergenerational economic mobility—the ability of…

Ian Walsh | 96 WASH. L. REV. 343March 1, 2021

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Let Indians Decide: How Restricting Border Passage by Blood Quantum Infringes on Tribal Sovereignty

Abstract: American immigration laws have been explicitly racial throughout most of the country’s history. For…

Rebekah Ross | 96 WASH. L. REV. 311March 1, 2021

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Kū Kia‘I Mauna: Protecting Indigenous Religious Rights

Abstract: Courts historically side with private interests at the expense of Indigenous religious rights. Continuing…

Joshua Rosenberg | 96 WASH. L. REV. 277March 1, 2021

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Reframing Church Property Disputes in Washington State

Abstract: Real property disputes between units or members of the same church are common in…

Theodore G. Lee | 96 WASH. L. REV. 241March 1, 2021

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My Cash Is My Bond: Recognizing Rights to Cash Bail Forfeiture Exoneration in Washington

Abstract: When criminal defendants fail to appear for a court date after they are released…

Olivia M. Hagel | 96 WASH. L. REV. 209March 1, 2021

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Hacks, Leaks, and Data Dumps: The Right to Publish Illegally Acquired Information Twenty Years After Bartnicki V. Vopper

Abstract: This Article addresses a fluid and increasingly salient category of cases involving the First…

Erik Ugland & Christina Mazzeo | 96 WASH. L. REV. 139March 1, 2021

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Applying the Health Justice Framework to Address Health and Health Care Inequities Experienced by People with Disabilities During and After COVID-19

Abstract: The COVID-19 pandemic has been especially devastating for people with disabilities, as well as…

Robyn M. Powell, PhD, JD | 96 WASH. L. REV. 93March 1, 2021

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Contracting in the Age of Smart Contracts

Abstract: Smart contracts lie at the heart of blockchain technology. There are two principal problems,…

Farshad Ghodoosi | 96 WASH. L. REV. 51March 1, 2021

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Third-Party Sexual Harassment: The Challenge of Title IX Obligations for Law School Clinics

Abstract: Law faculty who teach and train students in clinical settings regularly expose students to…

Ty Alper | 96 WASH. L. REV. 1March 1, 2021