Author: Washington Law Review


Washington Law Review: Volume 89, Issue 2 (June 2014)


Volume 89  | Issue 2

WLR June 13


“All His Sexless Patients”: Persons with Mental Disabilities and the Competence to Have Sex

Michael L. Perlin & Alison J. Lynch

Much Ado About Something: The First Amendment and Mandatory Labeling of Genetically Engineered Foods

Stephen Tan & Brian Epley

Enlightened Regulatory Capture

David Thaw

The Constitutional Structure of Voting Rights Enforcement

Franita Tolson

Gully and the Failure to Stake a 28 U.S.C. § 1331 “Claim”

Lumen N. Mulligan

The Claim-Centered Approach to Arising-Under Jurisdiction: A Brief Rejoinder to Professor Mulligan

Simona Grossi



Arriving at Clearly Established: The Taser Problem and Reforming Qualified Immunity Analysis in the Ninth Circuit

Kate Seabright

Not-So-Harmless Error: A Higher Standard for Mitigation Errors on Capital Habeas Review

Ryan C. Thomas

“Without Good Cause”: The Case for a Standard-Based Approach to Determining Worker Qualification for Unemployment Benefits

Emily Toler

Loss-of-Chance Doctrine in Washington: From Herskovits to Mohr and the Need for Clarification

Matthew Wurdeman



Washington Law Review, Issue 89:1

Volume 89  | Issue 1


Artificial Intelligence and the Law: Washington Law Review Print Symposium

Washington Law Review, the flagship law journal at the University of Washington School of Law, released its spring 2014 print symposium, Artificial Intelligence and the Law.  As the title suggests, this print symposium issue includes a number of articles from highly regarded academics addressing legal issues in the expanding field of artificial intelligence. Authors in this issue include David C. Vladeck, Professor of Law, Georgetown University Law Center; Danielle Keats Citron, Lois K. Macht Research Professor & Professor of Law, University of Maryland Francis King Carey School of Law; Frank Pasquale, Professor of Law, University of Maryland Francis King Carey School of Law; Elizabeth E. Joh, Professor of Law, U.C. Davis School of Law; Lawrence B. Solum, Professor of Law, Georgetown University Law Center; and Harry Surden, Associate Professor of Law, University of Colorado Law School.



The Scored Society: Due Process for Automated Predictions

Danielle Keats Citron & Frank Pasquale

Policing by Numbers: Big Data and the Fourth Amendment

Elizabeth E. Joh

Artificial Meaning

Lawrence B. Solum

Machine Learning and Law

Harry Surden

Machines Without Principals: Liability Rules and Artificial Intelligence

David C. Vladeck 



The Undersigned Attorney Hereby Certifies: Ensuring Reasonable Caseloads for Washington Defenders and Clients

Andrea Woods

Reexamining Crawford: Poll Worker Error as a Burden on Voters

Lauren Watts

The Parcel as a Whole: Defining the Relevant Parcel in Temporary Regulatory Takings Cases

Laura J. Powell



Washington Law Review, Issue 88:3 (October 2013)

Volume 88  | October 2013 | Issue 3

 2013 Symposium


Washington Law Review Announces Volume 88, No. 3

Dean Robert Adler headlines an exciting new issue of the Washington Law Review. In his article, The Decline and (Possible) Renewal of Aspiration in the Clean Water Act, Dean Adler explores why the U.S. has failed to accomplish the goals of the Clean Water Act and suggests how a few changes can help the country make progress towards those goals.

Washington Law Review, the flagship law journal at the University of Washington School of Law, released a new issue featuring Dean Adler’s article and several other articles by highly regarded professors and practitioners on a variety of U.S. and Washington state legal issues. Authors in this issue include Robert Adler, Interim Dean, James I. Farr Chair and Distinguished Professor of Law at University of Utah, S.J. Quinney College of Law; Karen E. Boxx, Professor of Law at University of Washington; Katie S. Groblewski, trusts and estates attorney at Stokes Lawrence, P.S. in Seattle; Brianne J. Gorod, Appellate Counsel, Constitutional Accountability Center; Simona Grossi, Associate Professor of Law at Loyola Law School, Los Angeles; and David A. Simon, Fellow, Project on Law and Mind Sciences at Harvard Law School.



The Decline and (Possible) Renewal of Aspiration in the Clean Water Act

Robert W. Adler

Washington Trust Laws’ Extreme Makeover: Blending with the Uniform Trust Code and Taking Reform Further with Innovations in Notice, Situs, and Representation

Karen E. Boxx & Katie S. Groblewski

The Collateral Consequences of Ex Post Judicial Review

Brianne J. Gorod

A Modified Theory of the Law of Federal Courts: The Case of Arising-Under Jurisdiction

Simona Grossi

The Confusion Trap: Rethinking Parody in Trademark Law

David A. Simon

Informal Collateral Consequences

Wayne A. Logan



“Carving at the Joints”: Using Issue Classes to Reframe Consumer Class Actions

Jenna C. Smith

Distinct Sources of Law and Distinct Doctrines: Federal Jurisdiction and Prudential Standing

William James Goodling

An Uneasy Union: Same-Sex Marriage and Religious Exemption in Washington State

Peter Dolan



Washington Law Review, Issue 88:2 (June 2013)

Volume 88  | June 2013 | Issue 2

 Washington Law Review


Washington Law Review 2013 Symposium: The Disclosure Crisis

Mandatory disclosure is a popular form of regulation. From privacy to healthcare, politics to “payola,” laws requiring disclosure have proliferated in recent decades. This symposium features panel discussions by top scholars and practitioners on why we love—or love to hate—disclosure, why it seems to never work, and what solutions exist.



Disclosure, Scholarly Ethics, and the Future of Law Reviews: A Few Preliminary Thoughts

Ronald K.L. Collins & Lisa G. Lerman

Static Versus Dynamic Disclosures, and How Not to Judge Their Success or Failure

Richard Craswell

Obscurity by Design

Woodrow Hartzog & Frederic Stuzman

Mandated Disclosure in Literary Hybrid Speech

Zahr K. Said

Disclosure As Distribution

Jeremy N. Sheff

In Washington State, Open Courts Jurisprudence Consists Mainly of Open Questions

Anne L. Ellington & Jeanine Blackett Lutzenhiser



When Old Becomes New: Reconciling the Commands of the Wilderness Act and the National Historic Preservation Act

Nikki C. Carsley

Washington’s Electronic Signature Act: An Anachronism in the New Millennium

Stephanie Curry

Making Room: Why Inclusionary Zoning Is Permissible under Washington’s Tax Preemption Statute and Takings Framework

Josephine L. Ennis

Pregnant and Prejudiced: The Constitutionality of Sex- and Race-Selective Abortion Restrictions

Justin Gillette

All Carrot and no Stick: Why Washington’s Clean Water Act Assurances Violate State and Federal Water Quality Laws

Oliver Stiefel

The Perfect Pairing: Protecting U.S. Geographical Indications with a Sino-American Wine Registry

Laura Zanzig


Volume 88  | March 2013 | Issue 1


Case Study and Commentaries:

Levine Article


The interactive version of this article features hyperlinks to the Justices’ personal papers, the Court’s internal memoranda, and other historical records, which provide the reader “a rare glimpse of the inner workings of the Court.”

(Download printable version)

Dun & Bradstreet Revisited – A Comment on Levine and Wermiel

Scott L. Nelson

A Tale of Two Greenmoss Builders

Robert M. O’Neil

Dun & Bradstreet v. Greenmoss Builders as an Example of Justice Powell’s Approach to Constitutional Jurisprudence

Paul M. Smith

Response and Rejoinder:

The Miranda Warning

Frederick Schauer 

A Rejoinder to Professor Schauer’s Commentary

Yale Kamisar


Governing Financial Markets: Regulating Conflicts

Kristin N. Johnson


Controlling the Prosecution of Bribery: Applying Corporate Law Principles to Define a “Foreign Official” in the Foreign Corrupt Practices Act

Kayla Feld

The Lesson of the 2011 NFL and NBA Lockouts: Why Courts Should Not Immediately Recognize Players’ Union Disclaimers of Representation

Ross Siler


2013 Symposium: The Disclosure Crisis

The Disclosure Crisis

Mandatory disclosure is a popular form of regulation. From privacy to healthcare, politics to “payola,” laws requiring disclosure have proliferated in recent decades. This symposium features panel discussions by top scholars and practitioners on why we love—or love to hate—disclosure, why it seems to never work, and what solutions exist

Feb. 20, 2013

9:30 AM – 6:30 PM

Univeristy of Washington School of Law

William H. Gates Hall Room 138

Register by Feb. 26

Preliminary Schedule, Subject to Change

Dean Kathryn Watts

The Failure of Mandated Disclosure
Professor Carl Schneider, University of Michigan Law School

Responses to The Failure of Mandated Disclosure
Professors Richard Craswell, Stanford University Law School and Ryan Calo, UW School of Law

Disclosure:  Alternative Contexts and Responses
Moderated by: Elizabeth Porter, UW School of Law
Panelists: Jeremy Sheff, St. John’s University School of Law, Zahr Said, UW School of Law and Woodrow N. Hartzog,   Cumberland School of Law Samford University

Disclosure in the Online Environment
Moderated by: Martin Kaste, National Public Radio, Correspondent, National Desk, Seattle
Panelists: Deven Desai, Thomas Jefferson School of Law, Kathryn Decker, Federal Trade Commission, and Susan Lyon, Cooley, LLP

Keynote Presentation by U.S. Attorney Jenny A. Durkan
Introduction by Dean Kellye Y. Testy
Sponsored by Law, Technology & Arts Group

Sponsored by Law, Technology & Arts Group

The Washington Law Review will publish symposium articles in June 2013.


Washington Law Review, Issue 87:4 (December 2012)

Volume 87  | December 2012 | Issue 4

Featured Article:

The Rise, Decline, and Fall (?) of Miranda

Yale Kamisar

Please click here to open an interactive version of Professor Kamisar’s article. There are hyperlinks to source documents throughout the interactive article, including key cases, memoranda, and recordings of Supreme Court oral arguments. Click on the highlighted text within the article to bring up these documents.

Volume 88, Issue 1 (March 2013) of the Washington Law Review (forthcoming) will also include a response to Professor Kamisar’s article by Professor Frederick Schauer and a reply by Professor Kamisar.


Negotiating Jurisdiction: Retroceding State Authority over Indian Country Granted by Public Law 280

Robert T. Anderson

Inextricably Political: Race, Membership, and Tribal Sovereignty

Sarah Krakoff

Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights

Rebecca Tsosie



An Open Courts Checklist: Clarifying Washington’s Public Trial and Public Access Jurisprudence

Jeanine Blackett Lutzenhiser

Fleeing East from Indian Country: State v. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-Jurisdictional Fresh Pursuit

Kevin Naud, Jr.

Monitored Disclosure: A Way to Avoid Legislative Supremacy in Redistricting Litigation

Mark Tyson


Washington Law Review, Issue 87:3 (October 2012)

Volume 87  | October 2012 | Issue 3



In Memoriam: Professor Emeritus Richard O. Kummert

Kellye Y. Testy; William R. Andersen; C. Kent Carlson; Robert W. Gomulkiewicz; Roland L. Hjorth; Paula C. Littlewood



State Default and Synthetic Bankruptcy

Richard M. Hynes

Selling Advice and Creating Expectations: Why Brokers Should Be Fiduciaries

Arthur B. Laby



Talking Drugs: The Burdens of Proof in Post-GarcettiSpeech Retaliation Claims

Thomas E. Hudson

Executive Privilege Under Washington’s Separation of Powers Doctrine

Lee Marchisio

Pressing Washington’s Wine Industry into the Twenty-First Century: Rethinking What It Means to Be a Winery

Rebecca Thompson

Protecting Child Victims’ Rights As Vigorously As Criminal Defendants’ When Prosecuting Possession or Distribution of Child Pornography

Kiel Willmore


Washington Law Review, Issue 87:2 (June 2012)

Volume 87  | June 2012 | Issue 2

June 2012 Symposium: The First Amendment in the Modern Age


The Guardians of Knowledge in the Modern State: Post’s Republic and the First Amendment


Ronald K.L. Collins & David M. Skover


The First Amendment, the Courts, and “Picking Winners”


Judge Thomas L. Ambro & Paul J. Safier

Public Discourse, Expert Knowledge, and the Press


Joseph Blocher

The First Amendment’s Epistemological Problem


Paul Horwitz

A View from the First Amendment Trenches: Washington State’s New Protections for Public Discourse and Democracy


Bruce E.H. Johnson & Sarah K. Duran

Democratic Competence, Constitutional Disorder, and the Freedom of the Press


Stephen I. Vladeck


Understanding the First Amendment


Robert C. Post


Robert C. Post, Selected Bibliography of First Amendment Scholarship


Washington Law Review


Defining “Breach of The Peace” in Self-Help Repossessions


Ryan McRobert

Addressing the Costs and Comity Concerns of International E-Discovery


John T. Yip


Washington Law Review, Issue 87:1 (March 2012)

Volume 87  |  March 2012  |  Issue 1



Preliminary Report on Race and Washington’s Criminal Justice System

Research Working Group of the Task Force on Race and the Criminal Justice System


Graham on the Ground

Cara H. Drinan


Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance

Mary D. Fan


Recalibrating Constitutional Innocence Protection

Robert J. Smith


African Poverty

Duncan Kennedy



Discernible Differences: A Survey of Civil Jury Demands

M Michelle Dunning


High-Tech Harassment: Employer Liability Under Title VII for Employee Social Media Misconduct

Jeremy Gelms


Driving Dangerously: Vehicle Flight and the Armed Career Criminal Act after Sykes v. United States

Isham M. Reavis


Independence for Washington State’s Privileges and Immunities Clause

P. Andrew Rorholm Zellers