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Cohen\u27s Handbook of Federal Indian Law
No full textCohen\u27s Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the bible of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.https://digitalcommons.law.uw.edu/faculty-books/1098/thumbnail.jp
Testimony before Washington State Legislature on Bill 5795 Adopting Permanent Standard Time
No full textRedistricting Commissions
No full textRedistricting commissions represent a significant innovation in American election law. By shifting power away from state legislatures and toward entities specially designed to draw electoral lines, proponents hope to unlock the potential of institutional change. Born of reform across numerous jurisdictions, these commissions reflect a wide diversity of structures and features. Some of the most important differences involve how commissioners are selected, how much autonomy each commission exercises, and the rules governing each entity’s internal voting processes. Scholars have examined these legal differences and their implications for redistricting. They have also explored, more broadly, the normative underpinnings of these reforms as well as commissions’ empirical outputs. Notwithstanding this rich body of scholarship, trends dominating American politics, including those associated with rising polarization, have outpaced the literature in potentially important ways. At least three related phenomena—the threat of partisan capture, the variable durability of reform, and the inherent limitations of commissions—complicate the work of commissions and their potential going forward and, accordingly, warrant further examination.https://digitalcommons.law.uw.edu/faculty-chapters/1066/thumbnail.jp
The Past and the Future of IP Law
No full textThis panel will discuss important changes in each of the areas of intellectual property law over the past twenty years—copyright, patent, and trademark law. Our panelists will then forecast the future of IP law in light of recent events and technologies such as the exponential growth of artificial intelligenc
Third Scalia–Ginsburg Colloquy
No full textThe third Scalia–Ginsburg Colloquy featured a discussion of Trump v. Anderson, in which the Court considered whether the former president’s actions prohibit him from seeking re-election
EVERYBODY WANTS TO RULE THE WORLD: CENTRAL BANK DIGITAL CURRENCIES IN THE ERA OF DECOUPLING THE WORLD’S TWO LARGEST ECONOMIES
Get PDFSome 130 central banks around the world are experimenting with various levels of a central bank digital currency (“CBDC”), a digitized form of a sovereign-backed, national currency that is a liability of that country’s central bank. Unlike fiat currency, CBDCs are trackable and potentially subject to interference and even freezing by government authorities. CBDCs will affect citizens’ control over commerce, payments, and savings, and impact their privacy rights. The Chinese government has piloted, refined, and rolled out its own CBDC called the Digital Currency/Electronic Payment initiative (“DC/EP”), also known as the digital yuan or e-CNY. The Chinese government is far ahead of the governments of other countries in terms of integrating its CBDC into its national economy, and this new system has the potential to disrupt the U.S. dollar as the world’s reserve currency. The United States government, on the other hand, has been slow to even pilot a digital dollar, as there is much resistance to potential government control of consumer behavior and concern over privacy rights. This Article explores these trends in the context of the decoupling of the world’s two largest economies
Disparately Disabled: Advocating for All Federal Courts of Appeals to Make Disparate Impact Claims Cognizable Under Federal Disability Rights Law
Get PDFPeople with disabilities have the same rights and deserve to enjoy the same privileges as everyone else. However, people with disabilities face societal inequities that hinder their full participation in society. As a result of persistent advocacy and civil protest, federal laws have been enacted to prohibit discrimination based on a person’s disability. Yet, policies that discriminate against people with disabilities have continued. One cause of this troubling situation is that federal circuit courts still disagree on whether federal disability rights laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), allow plaintiffs to challenge facially neutral policies that disproportionately discriminate against people with disabilities. The Third and Ninth Circuits say that disparate impact claims should be cognizable under federal disability rights laws, while the Sixth Circuit says that disparate impact claims should not be cognizable, specifically under Section 504.
This Comment argues that the Sixth Circuit overlooked the possibility for seemingly neutral policies that could still disproportionately impact people with disabilities in practice. Policies that make face coverings optional in public schools during the coronavirus (COVID- 19) pandemic are good examples. Societal exclusion faced by people with disabilities was a systemic issue when Congress passed Section 504 and the ADA. Yet, societal exclusion based on disability still exists, in part because entities still implement policies and practices that unfairly impact people with disabilities. This Comment advocates for all federal circuit courts to follow the Third and Ninth Circuits in declaring that disparate impact claims are cognizable under both Section 504 and the ADA
