Washington Law Review: Recent submissions

  • 93 WLR no.4 Issue Information 
    Washington Law Review (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
  • Head in the Clouds, Head in the Sand: Federal Failure to Update Guidance on Computer Transactions in an International Context 
    Weaver, Logan S. (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: The United States has two different rationales for taxing income of non-U.S. persons and entities. First, the income may be “sourced” to the United States, as defined in the Internal Revenue Code. Alternatively, ...
  • Unrealistic Expectations: The Federal Government’s Unachievable Mandate for State Cannabis Regulation 
    Sweeney, Rebecca (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: The states that have legalized cannabis maintain a complicated relationship with the federal government. Since the Ogden Memorandum was issued in 2009, the federal government has left regulation of cannabis to ...
  • Remaining Silent in Indian Country: Self-Incrimination and Grants of Immunity for Tribal Court Defendants 
    Kunze, Philipp C. (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: A defendant in state and federal courts is entitled to a constitutional protection against self-incrimination. The Fifth Amendment establishes this privilege, which can only be overcome through a voluntary waiver ...
  • To Withdraw or Not to Withdraw: Reviewability of an Agency’s Withdrawn Proposed Rule 
    Carmody, Jane E. (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: Federal agencies propose thousands of regulations in any given year. The Administrative Procedure Act requires such agencies to follow certain procedures when enacting rules and regulations. However, when an ...
  • Privacy’s Double Standards 
    Skinner-Thompson, Scott (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: Where the right to privacy exists, it should be available to all people. If not universally available, then privacy rights should be particularly accessible to marginalized individuals who are subject to greater ...
  • Privacy Localism 
    Rubinstein, Ira S. (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: Privacy law scholarship often focuses on domain-specific federal privacy laws and state efforts to broaden them. This Article provides the first comprehensive analysis of privacy regulation at the local level ...
  • The Multiple Justifications of Occupational Licensing 
    Robinson, Nick (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: Nearly a quarter of all workers in the United States are currently in a job that requires an occupational license. As the prevalence of occupational licensing has grown, so have claims that its overuse is causing ...
  • Market Segmentation vs. Subsidization: Clean Energy Credits and the Commerce Clause’s Economic Wisdom 
    Mormann, Felix (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a ...
  • Finality, Appealability, and the Scope of Interlocutory Review 
    Lammon, Bryan (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: Most of the law of federal appellate jurisdiction comes from judicial interpretations of 28 U.S.C. § 1291. That statute gives the courts of appeals jurisdiction over only “final decisions” of the district courts. ...
  • Danger Ahead: Risk Assessment and the Future of Bail Reform 
    Robinson, David G.; Koepke, John Logan (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: In the last five years, legislators in all fifty states have made changes to their pretrial justice systems. Reform efforts aim to shrink jails by incarcerating fewer people—particularly poor, low-risk defendants ...
  • Stop and Frisk in a Concealed Carry World 
    Fields, Shawn E. (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: This Article confronts the growing tension between increasingly permissive concealed carry firearms legislation and police authority to conduct investigative stops and protective frisks under Terry v. Ohio. For ...
  • Reversing the Reliance Revolution in Contract 
    Alden, Eric (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: During the past century, leading American academics have attempted to rewrite in radically altered form the theoretical foundation of liability in contract. In derogation of the historical bases for contractual ...
  • You Can’t Save Dead People: The Emerging Battles over Supervised Consumption Sites 
    Satterberg, James (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
    Abstract: The United States is experiencing a drug overdose epidemic of historic proportions. As fatal overdose rates continue to increase, some jurisdictions have sought evidence-based solutions to this public health ...
  • Jevic's Promise: Procedural Justice in Chapter 11 
    Foohey, Pamela (Seattle: Washington Law Review, University of Washington School of Law, 2018-12)
  • Beyond Corporate Contract: A Response to Helen Hershkoff & Marcel Kahan, Forum-Selection Provisions In Corporate “Contracts” 
    Winship, Verity (Seattle: Washington Law Review, University of Washington School of Law, 2018-11)
    Abstract: Corporate charters and bylaws sometimes limit where shareholders can sue. These forum terms are commonplace in sophisticated commercial contracts. Their migration into corporate documents, however, set off a ...
  • 93 WLR no.3 Issue Information 
    Washington Law Review (Seattle: Washington Law Review, University of Washington School of Law, 2018-10)
    Table of contents, masthead, faculty list, cover & spine
  • Threading the First Amendment Needle: Anonymous Speech, Online Harassment, and Washington’s Cyberstalking Statute 
    Smith, Sarah E. (Seattle: Washington Law Review, University of Washington School of Law, 2018-10)
    Abstract: This Comment examines the constitutionality of Washington’s cyberstalking statute, RCW 9.61.260, and its treatment of anonymous online speech. While the statute was drafted to ensure that women are free from ...
  • A Stute Observation: Re-Examining Washington’s Enforcement of Workplace Safety Regulations 
    Moore, Ben (Seattle: Washington Law Review, University of Washington School of Law, 2018-10)
    Abstract: In 1973, the Washington State Legislature enacted the Washington Industrial Safety and Health Act. The stated purpose of the Act was to ensure safe working conditions for the working men and women of Washington. ...
  • Flight and Federalism: Federal Preemption of State and Local Drone Laws 
    Cody, Nicholas (Seattle: Washington Law Review, University of Washington School of Law, 2018-10)
    Abstract: Small, unmanned aircraft referred to as “drones” are becoming increasingly common in the skies above the United States. Their increasing ubiquity has been driven by the wide variety of industries and tasks to ...

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