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Qualified Sovereignty

Abstract Sometimes acts of the federal government cause harm; sometimes acts of contractors hired by…

Kate Sablosky Elengold & Jonathan D. Glater | 97 Wash. L. Rev. 155March 1, 2022

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Queer and Convincing: Reviewing Freedom of Religion and LGBTQ+ Protections Post-Fulton v. City of Philadelphia

Abstract: Recent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of…

Arianna Nord | 97 Wash. L. Rev. 265March 1, 2022

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Let Us Not Be Intimidated: Past and Present Applications of Section 11(B) of the Voting Rights Act

Abstract: As John Lewis said, “ vote is precious. Almost sacred. It is the most powerful…

Carly E. Zipper | 97 WASH. L. REV. 301March 1, 2022

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The New Bailments

Abstract: The rise of cloud computing has dramatically changed how consumers and firms store their belongings.…

Danielle D'Onfro | 97 Wash. L. Rev. 97 March 1, 2022

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How Should Inheritance Law Remediate Inequality?

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

Felix B. Chang | 97 Wash. L. Rev. 61March 1, 2022

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The Dignitary Confrontation Clause

Abstract: For seventeen years, the Supreme Court’s Confrontation Clause jurisprudence has been confused and confusing. In…

Erin Sheley | 97 WASH. L. REV. 207March 1, 2022

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The Meaning, History, and Importance of Elections Clause

Abstract: Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause,…

Eliza Sweren-Becker & Michael Waldman | 96 WASH. L. REV. 997October 1, 2021

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Police or Pirates? Reforming Washington’s Civil Asset Forfeiture System

Abstract: Civil asset forfeiture laws permit police officers to seize property they suspect is connected to…

Jasmin Chigbrow | 96 WASH. L. REV. 1147October 1, 2021

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“Send Freedom House!”: A Study in Police Abolition

Abstract: Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated…

Tiffany Yang | 96 WASH. L. REV. 1067October 1, 2021

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The Implausibility Standard for Environmental Plaintiffs: The Twiqbal Plausibility Pleading Standard and Affirmative Defenses

Abstract: Environmental plaintiffs often face challenges when pleading their claims. This is due to difficulty in…

Celeste Anquonette Ajayi | 96 WASH. L. REV. 1113October 1, 2021

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The Federal Option: Delaware as a De Facto Agency

Abstract: Despite over 200 years of deliberation and debate, the United States has not adopted…

Omari Scott Simmons | 96 Wash. L. Rev. 935October 1, 2021

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Revocation and Retribution

Abstract: Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5…

Jacob Schuman | 96 WASH. L. REV. 881October 1, 2021

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The Euclid Proviso

Abstract: This Article argues that the Euclid Proviso, which allows regional concerns to trump local…

Ezra Rosser | 96 Wash. L. Rev. 811October 1, 2021

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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