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Just a Little Case About the Foundations of Judicial Power
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...
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Six Suggestions for Improving The Bluebook
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...
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The Bluebook and New York City
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...
View ArticleAn Update on Intra-Divisional Stare Decisis in Washington
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...
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The Problem of Authority
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...
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The President’s Statutory Power to Build the Wall
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...
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The Supreme Court at UW Law: State v. Escalante (Preview Part 1)
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...
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The Supreme Court at UW Law: Lee v. Evergreen Hospital (Preview Part 2)
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...
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The Supreme Court at UW Law: Gerlach v. The Cove Apartments (Preview Part 3)
I’m publishing this last one just under the wire. On Thursday of this week the Washington Supreme Court will be visiting the UW School of Law to hear arguments on three cases. I’ve already previewed...
View ArticleWho Is Citing Slavery?
The most-recent version of The Bluebook includes a new rule, Rule 10.7.1(d). Generally, Rule 10.7.1 deals with when and how to cite an opinion’s prior and subsequent history, like if an opinion...
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