Constitutional Law – NWSidebar

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How Policing in Washington is Changing After the 2021 Legislative Session

What is needed for police reform? Last summer, in the wake of George Floyd’s murder, tens of thousands of protesters rallied in cities throughout America to highlight the urgent need to address that question. Here in Washington, officers kill more 35 people each year on average, although this is a low estimate as it only tracks shootings and not other modes of police killing. Two years ago, voters passed Initiative 940, which set new standards for use of deadly force and established requirements for law enforcement to receive de-escalation, mental health, and first-aid training. Yet, officers have killed more than 100 people in Washington since the initiative went into effect.

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President Biden Reviews National Monument Boundary Changes from the Trump Administration

Among the many executive orders signed by President Joseph R. Biden, Jr. on the day of his inauguration was an order to review certain actions by his predecessor regarding the adjustment of national monument boundaries. In his first post for NWSidebar, attorney and PLU professor Ralph Flick examines whether a president can modify a national monument land reservation.

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After Justice Ginsburg’s Death, How Will a New Justice Be Appointed? How Long Will It Take?

he death of Justice Ruth Bader Ginsburg has left the U.S. Supreme Court short-handed as it began its new term on Oct. 5 with only eight justices on the bench. The 87-yea-old was an icon for women’s rights and spent nearly three decades on the bench. But with less than 30 days until the next presidential election, the question remains whether a new Supreme Court nominee will receive a vote before November.

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I Dissent: The Legacy of Justice Ruth Bader Ginsburg

Perhaps the most impactful of Justice Ruth Bader Ginsburg’s famous dissents came in a case about gender pay inequity in the workplace: Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). Plaintiff Lilly Ledbetter began working as a supervisor at the Goodyear Tire plant in Gadsen, Alabama, in 1979. She worked there for 19 years and for most of that time was the only woman manager.

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The Green Hats at the Protests: National Lawyers Guild Legal Observers

Perhaps you’ve seen us at a march or rally, or wandering around the former Capitol Hill Occupied Protest (CHOP). You can’t miss the green hats; they’re the brightly colored beacons that let everyone know who we are and why we are there. Or perhaps you heard about us in the news after we, too, were subjected to the police’s use of blast balls and pepper spray. We are National Lawyers Guild legal observers.

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Why is Alyssa Milano Tweeting About the Equal Rights Amendment?

The ERA battle is very much alive in court. To get a handle on the trio of lawsuits surrounding it, you first need to know a little about David Ferriero.

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‘Make No Law’ Undergirds the Rule of Law

On May 1 — Law Day 2019 — we honor a constitutional provision that says “make no law,” as we commemorate the rule of law in the United States. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; […]

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Supporting Our Muslim Neighbors

Supporting the rights of our Muslim neighbors is important; any lessening of their rights affects us all. The time to speak up is now. This year Dee, my spouse, and I became more politically active than we have been in the past. We marched in the MLK Seattle march for the first time and in […]

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2017 Law Day Marks Increased Focus on Legal Profession, Recognizes Impact of 14th Amendment

Happy Law Day! I’m Sanjay Walvekar, the new legal community outreach specialist at the WSBA. I’m excited for this opportunity to introduce myself and to share my thoughts on this important holiday.

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NWLawyer: Noah Purcell on How Washington State Blocked Trump’s Travel Ban

This month’s cover of NWLawyer is dedicated to Solicitor General, Noah Purcell, who stopped the president’s travel ban in its tracks. This month’s cover of NWLawyer is dedicated to Washington’s Solicitor General Noah Purcell, who went head to head with the Trump administration in the Ninth Circuit Court to stop the president’s travel ban in […]

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From Nomination to Confirmation: The U.S. Supreme Court Confirmation Process

Confirming justices to the U.S. Supreme Court involves several steps. Here’s how the confirmation process works. More than a year after the death of U.S. Supreme Court Justice Antonin Scalia, the Senate Judiciary Committee has finally completed confirmation hearings to fill the vacancy, and the full Senate is poised to vote amid threat of filibuster. President […]

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Supreme Court on Use of Refusal to Submit to Field Sobriety Tests: No Clear Holding

In State v. Mecham, the Washington Supreme Court issued a fractured opinion in a DUI prosecution in which the state entered into evidence the defendant’s refusal to perform field sobriety tests (FST). Although the court stated in its June 16 ruling it was affirming the defendant’s conviction, the actual result appears to reverse the conviction […]

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Case Analysis: Second Amendment Does Not Protect Concealed Carry

The 9th Circuit Court of Appeals ruled June 9, 2016, in Peruta v. County of San Diego that the Second Amendment does not include the right to concealed carry. The court heard the case en banc and decided 7–4.

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Using Tribal Common Law to Effectively Represent Clients in Tribal Court

Read three examples of how tribal common law can lead to results differing from those reached under state law. If you are unfamiliar with tribal courts, you may be surprised to hear they apply tribal customs and traditions to resolve legal disputes. Indeed, I find this is one of the most interesting parts of working […]

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Case Law Changes to Mandatory Blood Tests

Under State v. Gauthier, citizens have the right to refuse a warrantless blood test, and such refusal cannot be used as evidence at trial. Defense attorneys have argued for years that a breath or blood test constitutes a search and that without a warrant, citizens should have the right to refuse the search without consequence. Washington courts […]

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Baby Veronica: SCOTUS Rules

Review the Court’s reasoning and learn what comes next for the parties in Adoptive Couple v. Baby Girl. Remember that your children are not your own, but are lent to you by the Creator. — Native American Proverb The story of 4-year-old Baby Veronica in Adoptive Couple v. Baby Girl, 2013 WL 3184627 was lost […]