Washington Law Review

Articles from Vol. 82, No. 1, February

Caveat Emptor: How Cafta Imperils State Recycled Paper Procurement Preferences
Abstract: The federal government's use of its control over foreign commerce increasingly conflicts with powers reserved to the states. Article 9 of the Central American Free Trade Agreement (CAFTA) establishes requirements by which government agencies...
Furman Fundamentals
For the first time in a long time, the Supreme Court's most important death penalty decisions all have gone the defendant's way. Is the Court's newfound willingness to protect capital defendants just a reflection of the times, or could it have come even...
Getting Dooced: Employee Blogs and Employer Blogging Policies under the National Labor Relations Act
Abstract: Statistics show that a growing percentage of American workers maintain personal blogs. The fact that employees use personal blogs to discuss their experiences at work creates concerns for employers and the employees themselves. Employers worry...
Intent Matters: Assessing Sovereign Immunity for Tribal Entities
Abstract: Indian tribes create corporations and agencies, such as casinos and economic development organizations, to further tribal goals. When such an entity is sued, the courts must determine whether the entity shares in the tribe's inherent sovereign...
Keeping the Faith: The Rights of Parishioners in Church Reorganizations
Abstract: Faced with significant potential liability to victims of sexual abuse at the hands of church personnel, four archdioceses and dioceses of the Roman Catholic Church have filed for Chapter 11 bankruptcy protection. The bankruptcy proceedings...
New Word, Same Problems: Entry, Arrival, and the One-Year Deadline for Asylum Seekers
Abstract: The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) imposed a one-year filing deadline on all applications for asylum. Under this law, an alien applying for asylum bears the burden of showing that he or she applied...