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Examining Comity and the Exhaustion Doctrine in Tribal Court Civil Jurisdiction: The Cherokee Nation’s Opioid Litigation PRINT EDITION

Examining Comity and the Exhaustion Doctrine in Tribal Court Civil Jurisdiction: The Cherokee Nation’s Opioid Litigation

Abstract: The opioid epidemic has devastated communities throughout the United States over the last two…

Joëlle Klein | 97 Wash. L. Rev. 1119 (2022)December 1, 2022

Obstacles to Proving 24-Hour Lighting is Cruel and Unusual Under Eighth Amendment Jurisprudence PRINT EDITION

Obstacles to Proving 24-Hour Lighting is Cruel and Unusual Under Eighth Amendment Jurisprudence

Abstract: Twenty-four-hour lighting causes sleep deprivation, depression, and other serious disorders for incarcerated individuals, yet…

Lauren Jaech | 97 Wash. L. Rev. 1087 (2022)December 1, 2022

Committed to Commitment: The Problem with Washington State’s Involuntary Treatment Act PRINT EDITION

Committed to Commitment: The Problem with Washington State’s Involuntary Treatment Act

Abstract: Washington State utilizes the Involuntary Treatment Act (ITA) to civilly commit individuals experiencing behavioral…

Hannah Garland | 97 Wash. L. Rev. 1045 (2022)December 1, 2022

Wrongful Improvers as a Guiding Principle for Application of the FTC’s IP Deletion Requirement PRINT EDITION

Wrongful Improvers as a Guiding Principle for Application of the FTC’s IP Deletion Requirement

Abstract: The 2021 Federal Trade Commission (FTC) investigation into cloud storage app developer Everalbum resulted…

Emma Elder | 97 Wash. L. Rev. 1009 (2022)December 1, 2022

Beware What You Google: Fourth Amendment Constitutionality of Keyword Warrants PRINT EDITION

Beware What You Google: Fourth Amendment Constitutionality of Keyword Warrants

Abstract: Many Americans have potentially had their privacy rights invaded through invisible, widespread police searches.…

Chelsa Camille Edano | 97 Wash. L. Rev. 977 (2022)December 1, 2022

Disorderly Content PRINT EDITION

Disorderly Content

Abstract: Content moderation plays an increasingly important role in the creation and dissemination of expression,…

Ari Waldman | 97 Wash. L. Rev. 907 (2022)December 1, 2022

The Helicopter State: Misuse of Parens Patriae Unconstitutionally Precludes Individual and Class Claims PRINT EDITION

The Helicopter State: Misuse of Parens Patriae Unconstitutionally Precludes Individual and Class Claims

Abstract: The doctrine of parens patriae allows state attorneys general to represent state citizens in…

Gabrielle J. Hanna | 97 Wash. L. Rev. 871 (2022)December 1, 2022

Why Our Stories Matter: A Perspective on the Restatement from the State Bench PRINT EDITION

Why Our Stories Matter: A Perspective on the Restatement from the State Bench

WHY OUR STORIES MATTER: A PERSPECTIVE ON THE RESTATEMENT FROM THE STATE BENCH The Honorable…

Raquel Montoya-Lewis | 97 Wash. L. Rev. 713 (2022)October 1, 2022

Protection for Indian Sacred Sites PRINT EDITION

Protection for Indian Sacred Sites

PROTECTION FOR INDIAN SACRED SITES The Honorable William A. Fletcher U.S. Court of Appeals for…

William A. Fletcher | 97 Wash. L. Rev. 703 (2022)October 1, 2022

Reflections on the Restatement of the Law of American Indians PRINT EDITION

Reflections on the Restatement of the Law of American Indians

34TH ANNUAL INDIAN LAW SYMPOSIUM RESTATEMENT OF THE LAW OF AMERICAN INDIANS APRIL 21, 2022…

Matthew L.M. Fletcher | 97 Wash. L. Rev. (2022)October 1, 2022

Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties PRINT EDITION

Off-Reservation Treaty Hunting Rights, the Restatement, and the Stevens Treaties

Abstract: The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for…

Ann E. Tweedy | 97 Wash. L. Rev. 835 (2022) October 1, 2022

Tribal Sovereignty and Economic Efficiency Versus the Courts PRINT EDITION

Tribal Sovereignty and Economic Efficiency Versus the Courts

Abstract: American Indian reservations are the poorest parts of the United States, and a higher…

Robert J. Miller | 97 Wash. L. Rev. 775 (2022) October 1, 2022

Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians PRINT EDITION

Bringing Congress and Indians Back into Federal Indian Law: The Restatement of the Law of American Indians

Abstract: Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years.…

Kirsten Matoy Carlson | 97 Wash. L. Rev. 725 (2022)October 1, 2022

Procedural Environmental Justice PRINT EDITION

Procedural Environmental Justice

Abstract: Achieving environmental justice—that is, the fair treatment and meaningful involvement of all people regardless…

Jonathan Skinner-Thompson | 97 Wash. L. Rev. 399June 1, 2022

The Chorus Doctrine: Promoting Sub-National Diplomacy in Regional Growth Management PRINT EDITION

The Chorus Doctrine: Promoting Sub-National Diplomacy in Regional Growth Management

Abstract: Sub-national diplomacy, also known as paradiplomacy, occurs when sub-national actors (think cities or states)…

Conor J. Mannix | 97 Wash. L. Rev. 627June 1, 2022

Copyright Protection for Works in the Language of Life PRINT EDITION

Copyright Protection for Works in the Language of Life

Abstract: In 2001, the DNA Copyright Institute sought to capitalize on the fear of human…

Nina Srejovic | 97 Wash. L. Rev. 459June 1, 2022

Victims as Instruments PRINT EDITION

Victims as Instruments

Abstract: Crime victims are often instrumentalized within the criminal legal process in furtherance of state…

Rachel J. Wechsler | 97 Wash. L. Rev. 507June 1, 2022

Textualism as Fair Notice? PRINT EDITION

Textualism as Fair Notice?

Abstract: The opportunity to know the law is one of the bedrocks of legality. It…

Benjamin Minhao Chen | 97 Wash. L. Rev. 339June 1, 2022

Renewing the Vagueness Challenge to Crimes Involving Moral Turpitude PRINT EDITION

Renewing the Vagueness Challenge to Crimes Involving Moral Turpitude

Abstract: Noncitizens who have been convicted of a “crime involving moral turpitude” (CIMT) under the…

Melissa London | 97 Wash. L. Rev. 581June 1, 2022

Advising 101 for the Growing Field of Social Media Influencers PRINT EDITION

Advising 101 for the Growing Field of Social Media Influencers

Abstract: The Federal Trade Commission (FTC) protects consumers from unfair and deceptive business practices. In…

Stasia Skalbania | 97 Wash. L. Rev. 667June 1, 2022