University of Washington, School of Law

As one of the nation's oldest and leading public law schools, we meld a traditional focus on the rule of law with a modern approach to solving problems and advancing social justice. We actively encourage students to explore their passions and equip them with the intellectual tools and hands-on legal experience they need to be practice-ready lawyers able to work in any field they choose.

University of Washington, School of Law Blogs

Blog Authors

Latest from University of Washington, School of Law

Here we go again. In advance of the Washington Supreme Court’s visit to the UW School of Law on February 20, I’m previewing the three cases the Court will hear that day. If you missed my first preview—a discussion of how Miranda applies at the border, which the Court will tackle in State v. Escalante—you can find that here. In this post, I’m taking a look at Lee v. Evergreen. Once again,…
On Thursday, February 20, the Washington Supreme Court will hear oral arguments at the University of Washington School of Law. Exciting times! In advance of the arguments, I thought folks might enjoy a bit of an argument preview. So that’s what I’m doing. Of course, if you want to read through all the briefing yourself, you can review the filings at the Supreme Court’s own website. The Court is great like that. But if…
In the next few weeks, statutory interpretation is going to be the talk of the town. President Trump’s emergency declaration, though it has all the trappings of a constitutional crisis and king-like assertions of power, is really nothing more than a nice little question about the meaning of statutes. Congress passed a statute that allows the President to declare a “national emergency.” Once the President makes that declaration, he can then invoke other statutes (also…
Review of Amy J. Griffin, Dethroning the Hierarchy of Authority, 97 Or. L. Rev. _______ (forthcoming) Legal analysis differs from other forms of analysis in (at least) one important respect: We have to deal with authority. The wall between “is” and “ought” can be insurmountable when you’re standing in front of a district court judge and she’s got a U.S. Supreme Court opinion that says you lose. Maybe the Supreme Court got it wrong.…
Back in February, the Supreme Court of Washington decided In re Arnold, which held that a Division of the Court of Appeals should not follow the decisions of the other Divisions as a matter of horizontal stare decisis. As I observed at the time, the Supreme Court’s distinction between inter-Division conflicts and intra-Division conflicts doesn’t find much basis in the law: The statute does not distinguish between inter-Division and intra-Division panels. So when the…
Let’s say you need a new chef’s knife. So you go to Bed, Bath & Beyond and head for the kitchen section. (That’s part of the “Beyond,” I guess.) In a fancy cutlery display you see a large selection of chef’s knives. But you don’t buy any of those. Instead, you walk right past the chef’s knives and over to the cheese knives. After perusing a bit, you buy this set: That’s a nice…
So there I was on Sunday evening, October 7. A glass of scotch in hand, all ready to fill out the official Bluebook questionnaire, which would allow me to suggest improvements for the forthcoming 21st edition. A dramatic reenactment of my preparation for the survey But then I clicked on the link. Apparently, despite previous reassurances that the survey would be open until October 8, I was too late. The survey was already expired.  I was…
The hottest new Washington Supreme Court decision is Eyman v. Wyman. It has everything. A split judgment with no clear majority decision. A debate about the proper role of the courts when dealing with unconstitutional statutes. And Washington’s indirect initiative procedure. What’s Washington’s indirect initiative procedure? It’s that thing, where a group of citizens can collect signatures, and then propose a statute . . . . Okay, that’s enough of that gimmick. The case, however, is…
Citations are like the weather: Everyone complains about them, but nobody does anything about it! Until now. If you’re a reader of this blog, you’re likely interested in legal writing. And you likely realize that legal writing is full of italicized text and parenthetical information and weird abbreviations that often come between sentences—the citations. I’ve previously written about citations. But I focused mostly on the isolated, narrow issue of citation format. I was interested in…
You might have heard about the Florida lawyer who opposed a pregnant attorney’s request for a continuance. Here’s the story: A defense attorney, Christen Luikart, sought a trial continuance because (or at least in part because) she is pregnant, and her due date might conflict with the trial. The plaintiff’s attorney, Paul Reid, opposed the motion. The judge held a hearing on June 4; she granted the continuance. The end. Well, of course,…