Washington Law Review

Articles from Vol. 85, No. 1, February

Accountability for Mitigation through Procedural Review: The Nepa Jurisprudence of Judge Betty B. Fletcher, a Trustee of the Environment and Woman of Substance
Abstract: In the past thirty years, as judges who first required compliance with the mandates of the National Environmental Policy Act of 1969 retired or died, the First and Ninth Circuits became the most stalwart keepers of NEPA's flame. This article...
All Rise! Standing in Judge Betty Fletcher's Court
Abstract: In this essay, based on a talk given at the Washington Law Review's March 2009 symposium in honor of Senior Ninth Circuit Judge Betty Binns Fletcher and her three decades of service on that court, I selectively survey her opinions on justiciability...
Finality, Habeas, Innocence, and the Death Penalty: Can Justice Be Done?
Abstract: In 1995, Judge Betty Binns Fletcher posed a question: In the context of the death penalty, can justice be done? She did not answer the question at the time. However, an examination of the procedural hurdles now facing condemned inmates seeking...
Finding the Least Restrictive Environment for Preschoolers under the Idea: An Analysis and Proposed Framework
Abstract: Under the Individuals with Disabilities Education Act, both school- and preschool-age children who qualify for special education services are entitled to education in the least restrictive environments appropriate to their needs. For school-age...
Freedom of Speech in School and Prison
Abstract: Students often compare their schools unfavorably to prisons, most often in a tone of rueful irony. By contrast, judicial opinions about freedom of speech within government-run institutions compare schools and prisons without irony or even hesitation....
Perfectionism and Maximum Consciousness in Anti-Discrimination Law: A Tribute to Judge Betty B. Fletcher
Abstract: What follows is a speech on the significance of Judge Betty Binns Fletcher's opinions in the area of race and anti-discrimination law delivered at the University of Washington School of Law's symposium, A Tribute to the Honorable Betty Binns...
The Concept of Equality in Indian Law
In order to approach the subject of equality in Indian law, I reviewed Judge Betty Fletcher's numerous Indian law opinions. It has been a privilege to serve as a colleague of Judge Fletcher for nearly thirty years on the United States Court of Appeals...
Tribute to Judge Betty Binns Fletcher
Thank you very much for the invitation to introduce this wonderful symposium honoring my mother, Judge Betty Binns Fletcher.Let me begin by thanking my mother. Without her I would not be here. I realize that everyone can, and should, thank their mother...
What's Past Is Prologue: Why the Prison Litigation Reform Act Does Not-And Should Not-Classify Punitive Damages as Prospective Relief
Abstract: The Prison Litigation Reform Act of 1995 (PLRA) arose from Congress's intent to curb frivolous and institutionally invasive prisoner civil rights litigation. In furtherance of its goals, the PLRA limits the prospective relief prisoners can...