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The Gift of Public Funds Bogeyman
Get PDFWashington’s “gift of public funds” doctrine is frequently misunderstood in ways that impede innovative ideas aimed at remedying some of our state’s most intractable problems. This doctrine arises from article VIII, sections 5 and 7 of the Washington Constitution, which prohibit state and local governments from gifting assets or loaning credit. While the Washington State Supreme Court historically applied these provisions in restrictive and confusing ways, the Court’s modern jurisprudence recognizes that the doctrine is inapplicable to funding expended for any of the many “fundamental purposes” of government. Even where a government program does not fall under this broad category, governments need only demonstrate, subject to very deferential review, that there was some consideration for their expenditure and no donative intent. The provisions also include broad exceptions for funding to support the “poor and infirm.” A review of the modern doctrine, with all its exceptions and exclusions, shows there is almost nothing that a competent government agency in Washington would want to do that would violate the constitutional prohibition on gifting public funds if thoughtfully implemented. A proper understanding of the gift of public funds doctrine will permit public officials to make better assessments of legal risk for government programs
Under the Umbrella of Water Law: Why Rainwater Harvesting Should Constitute a Valid Water Right
Get PDFRain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States’ legal system to allocate, regulate, and manage water as a natural resource. These rights are limited, however, in their coverage and varied in their application. For example, access to rainwater is not a recognized water right despite being a major source of water. The ecological and economic incentives of rainwater harvesting are expansive, and the formal recognition of rainwater harvesting as a valid water right can utilize these benefits. Consequently, smarter management of rainwater harvesting will result in reduced harmful stormwater runoff and pollution and improve access to potable and non-potable water. This Comment seeks to encourage states to recognize rainwater rights as a valid water right, or pseudo “rain right,” to address certain negative impacts of climate change and capitalize on the benefits of rainwater harvesting. By employing Washington State as an example, this Comment highlights the practical impacts of this proposal and potential future improvements
PRECISE OPERATIONS, IMPRECISE LAWS: HOW NEBULOUS LAWS WREAK HAVOC IN OUTER SPACE
Get PDFAs space operations advance with unprecedented precision, the laws governing these activities remain outdated, vague, and incapable of addressing contemporary challenges. The Outer Space Treaty (OST) and the Liability Convention, drafted in the Cold War era, fail to adequately define fundamental terms such as damage, fault, and compensation. This lack of legal precision creates significant liability gaps, particularly as space debris, mega-constellations, and private-sector actors reshape the space landscape. This article explores how these ambiguities hinder legal predictability and fair compensation for victims of space-related harm. By analyzing real-world space incidents, including the Cosmos 954 reentry, the Iridium-Cosmos collision, and the Fengyun-1C ASAT test, the paper highlights how the current legal framework is ill-equipped to address modern disputes. Using principles of treaty interpretation under the Vienna Convention on the Law of Treaties, this article argues for an expansive yet practical interpretation of damage under the Liability Convention to ensure equitable outcomes for states and commercial actors alike. As commercial space activities surge and military operations in orbit expand, legal clarity is imperative. This paper proposes concrete reforms to the space liability regime, advocating for clearer treaty language, enhanced dispute resolution mechanisms, and international cooperation to adapt legal frameworks to 21st-century space realities
Letter from Jeffrey Kadet to the Internal Revenue Service Re: Notice 2025-6, T.D. 10022, REG-107420-24
Get PDFI applaud the thought, care, logic, and thoroughness that are reflected in the recently finalized regulations in T.D. 10022 and the proposed regulation in REG-107420-24. I hope the comments set forth below will be useful to you. I am happy to respond to written questions or to discuss the comments herein by phone. If it is decided to hold public hearings and it is possible to provide testimony remotely by phone or electronic medium, then I request that I be allowed to present and discuss some of the matters raised within this submission.
In the following pages, I have provided observations and suggestions concerning both the newly finalized regulations (Reg. sections 1.861-18 and -19) and the newly proposed regulation on cloud sourcing (Prop. Reg. section 1.861-19)
