Washington Law Review

Articles from Vol. 87, No. 4, December

An Open Courts Checklist: Clarifying Washington's Public Trial and Public Access Jurisprudence
Author's Note: As this issue went to press, the Washington State Supreme Court decided four cases involving the right to public trial and the open administration of justice: In re Personal Restraint of Morris, State v. Sublett, State v. Paumier, and...
Fleeing East from Indian Country: State V. Eriksen and Tribal Inherent Sovereign Authority to Continue Cross-Jurisdictional Fresh Pursuit
Abstract:In State v. Eriken, the Washington State Supreme Court held that Indian tribes do not possess the inherent sovereign authority to continue cross-jurisdictional fresh pursuit and detain a non-Indian who violated the law on reservation land. This...
Indigenous Peoples and Epistemic Injustice: Science, Ethics, and Human Rights
Abstract:This Article explores the use of science as a tool of public policy and examines how science policy impacts indigenous peoples in the areas of environmental protection, public health, and repatriation. Professor Tsosie draws on Miranda Fricker's...
Inextricably Political: Race, Membership, and Tribal Sovereignty
Abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians "racial or political?" If the classification is political...
Monitored Disclosure: A Way to Avoid Legislative Supremacy in Redistricting Litigation
Abstract:The Speech or Debate Clause of the U.S. Constitution protects members of Congress from testifying about "legislative acts" or having "legislative acts" used against them as evidence. U.S. Supreme Court decisions delineating the scope of what...
Negotiating Jurisdiction: Retroceding State Authority over Indian Country Granted by Public Law 280
Abstract:This Article canvasses the jurisdictional rules applicable in American Indian tribal territories-"Indian country." The focus is on a federal law passed in the 1950s, which granted some states a measure of jurisdiction over Indian country without...
The Rise, Decline, and Fall (?) of Miranda
I. WHY DID THE WARREN COURT BELIEVE SOMETHING LIKE MIRANDA WAS NEEDED? ....................967II. CONFUSION OVER, AND RESISTANCE TO, MIRANDA ....................970III. THE POLITICIANS GET INTO THE ACT ....................972IV. PRESIDENT NIXON NOMINATES...
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