Washington Law Review

Articles from Vol. 88, No. 2, June

All Carrot and No Stick: Why Washington's Clean Water Act Assurances Violate State and Federal Water Quality Laws
Abstract: Current Washington State rules governing timber activities-including logging, road construction, and timber processing-were achieved through negotiated compromise. In response to growing concern over the decline of several salmonid species,...
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Disclosure as Distribution
Abstract: This brief response to the work of Professors Omri Ben-Shahr and Carl Schneider on mandated disclosure regimes investigates the normative criteria underlying their claim that those regimes are failures. Specifically, it unpacks the pieces of...
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Disclosure, Scholarly Ethics, and the Future of Law Reviews: A Few Preliminary Thoughts
The reader should know through whatspectacles his adviser is viewing the problem. 1-William O. DouglasWashington Law Review (1965)Scholarship is the work-product of scholars. The word derives from the Latin schola, as in school. Hence, scholarship is...
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In Washington State, Open Courts Jurisprudence Consists Mainly of Open Questions
Abstract: Issues of public trial and the open administration of justice have been an intense focus of the Washington State Supreme Court in recent years. In its December issue, the Washington Law Review surveyed U.S. and Washington State public trial...
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Making Room: Why Inclusionary Zoning Is Permissible under Washington's Tax Preemption Statute and Takings Framework
Abstract: Inclusionary zoning ordinances, which typically require developers to set aside a percentage of new residential units for low and moderate income households, are a popular mechanism for ensuring the development of affordable housing in many...
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Mandated Disclosure in Literary Hybrid Speech
Abstract: This Article, written for the Washington Law Review's 2013 Symposium, The Disclosure Crisis, argues that hidden sponsorship creates a form of non-actionable influence rather than causing legally cognizable deception that mandatory disclosure...
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Obscurity by Design
Abstract: Design-based solutions to confront technological privacy threats are becoming popular with regulators. However, these promising solutions have leftthe full potential of design untapped. With respect to online communication technologies, design-based...
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Pregnant and Prejudiced: The Constitutionality of Sex- and Race-Selective Abortion Restrictions
Abstract: Six states currently restrict a woman's access to abortion based on her personal motivations for seeking the procedure. These laws, which prohibit abortions that are sought based on the fetus's sex or race, raise challenging constitutional...
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Static versus Dynamic Disclosures, and How Not to Judge Their Success or Failure
Abstract: Disclosure laws can serve many different purposes. This Article is the first to distinguish two of those purposes, which I call static and dynamic disclosures. In brief, static disclosures aim to improve consumers' choice from among the set...
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The Perfect Pairing: Protecting U.S. Geographical Indications with a Sinoamerican Wine Registry
Abstract: Chinese counterfeiters have infiltrated the wine world, falsely labeling products and using fraudulent geographical indications (GIs). GIs, which function as a type of brand, are internationally protected designations of a product's origin...
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Washington's Electronic Signature Act: An Anachronism in the New Millennium
Abstract: Today, electronic contracting is at the forefront of how consumers, governments, and businesses conduct their affairs. Over the last several decades, electronic contracting has taken on new forms that have raised doubts about contract formation...
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When Old Becomes New: Reconciling the Commands of the Wilderness Act and the National Historic Preservation Act
Abstract: The Wilderness Act created a national framework for the protection of wilderness areas. Although the statute defines wilderness as an area "untrammeled by man, where man himself is a visitor who does not remain," it leaves room for the "public...
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