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Acronyms & Abbreviations

Updated June 2, 2015
Adapted from: Washington Legal Researcher's Deskbook, 3d, pages 263-69 (2002) and updated.

Listed below are acronyms and abbreviations that are used throughout Washington Legal Researcher's Deskbook 3d and that are frequently encountered in Washington legal materials. The list includes publications (the full titles are printed in italics); bar associations and legal organizations; federal and state agencies, boards, commissions, and departments; legal terms; court rules; statutes; and electronic databases and services. It is a representative, not a comprehensive, list.

Hypertext links have been added for selected court rules, federal and state agencies, publications, and organizations. Other links are made to the Law Library's catalog records for selected publications.

For other web-based acronym guides, see

For other legal abbreviations and acronyms, see

Bieber's Dictionary of Legal Abbreviations: A Reference Guide for Attorneys, Legal Secretaries, Paralegals, and Law Students, 6th ed.
KF246.B46 2009 at Reference Area

Prince's Dictionary of Legal Citations: Reference Guide for Attorneys, Legal Secretaries, Paralegals and Law Students, 8th ed.
KF246.B45 2011 at Reference Area & Reference Office

World Dictionary of Legal Abbreviations. K85.K3 1991 at Reference Office (updated annually)


A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

A

A., A.2d Atlantic Reporter
AALL American Association of Law Libraries
ACES Appeals Court Electronic Service
ACLU American Civil Liberties Union
ACORDS Appellate Court Records and Data System
ADA Americans with Disabilities Act (U.S. Justice Dep't ADA Home Page)
ADR alternative dispute resolution
AGLO Attorney General letter opinions
AGO Attorney General opinions
ALJ administrative law judge
ALR American Law Reports
Am.Jur. American Jurisprudence
APA Administrative Procedure Act
APR Admission and Practice Rules (court rules)
AR Superior Court Administrative Rules (court rules)
ARC National Archives and Records Administration Archival Research Catalog
ARCW Annotated Revised Code of Washington
ARLJ Administrative Rules for Courts of Limited Jurisdiction (court rules)
ASCII American Standard Code for Information Interchange
ATJ Access to Justice (court rules)

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

B

Ball. Code Ballinger Code
BAP brief adjudicative proceeding
BBP Bench-Bar-Press Committee Statement of Principles (court rules)
BFWWCAPCA Benton, Franklin, Walla Walla County Air Pollution Control Authority
BIA U.S. Bureau of Indian Affairs
BIIA Washington Board of Industrial Insurance Appeals
BJA Advisory Case Processing Time Standards (Board for Judicial Administration; court rules)
BJAR Board for Judicial Administration Rules (court rules)
BJS U.S. Bureau of Justice Statistics
BLS U.S. Bureau of Labor Statistics
BNA Bureau of National Affairs, Inc. (a legal publisher)
BNML Brand Name Materials List
BTA Washington Board of Tax Appeals

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

C

CAAA Washington State Commission on African American Affairs
CACFP Child and Adult Care Food Program
CALR computer-assisted legal research
Cal.Rptr. California Reporter
CAPAA Washington Commission on Asian Pacific American Affairs
CAR Court of Appeals Administrative Rules (court rules)
CASA court-appointed special advocate
CBA Collective Bargaining Act
CCH Commerce Clearing House (a legal publisher)
CD-ROM compact disk-read only memory
CFR Code of Federal Regulations
CILP Current Index to Legal Periodicals
CJC Code of Judicial Conduct
CJC Washington Commission on Judicial Conduct
CJCRP Commission on Judicial Conduct Rules of Procedure
CJS Corpus Juris Secundum
CLE continuing legal education
CLI Current Law Index
COLD WSBA Computerization of Law Division
COM computer-output microfilm
CPE continuing professional education
CPI Consumer Price Index
CPSGMHB Central Puget Sound Growth Planning Hearings Board
CR Superior Court Civil Rules (court rules)
CRAB Washington County Road Administration Board
CRIV AALL Committee on Relations with Information Vendors
CRLJ Civil Rules for Courts of Limited Jurisdiction (court rules)
CrR Superior Court Criminal Rules (court rules)
CrRLJ Criminal Rules for Courts of Limited Jurisdiction (court rules)
CVC Washington Crime Victim's Compensation program
CZM Washington Coastal Zone Management program

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

D

DAHP Washington Department of Archaeology & Historic Preservation
DCLU Seattle Department of Design, Construction and Land Use (now called Department of Planning and Development)
DCP Washington Deferred Compensation Program
DCS Washington Division of Child Support
DCTED Washington Department of Community, Trade, and Economic Development (now called Department of Commerce)
DCU Washington Division of Credit Unions
DEIS draft environmental impact statement
DISCIS District and Municipal Court Information System
DNR Washington Department of Natural Resources
DOB Washington Division of Banks
DOC Washington Department of Corrections
DOE Washington Department of Ecology
DOL Washington Department of Licensing
DOR Washington Department of Revenue
DPD Seattle Department of Planning and Development (formerly Department of Design, Construction and Land Use)
DRJ Discipline Rules for Judges (court rules)
DRS Washington Department of Retirement Systems
DSHS Washington Department of Social and Health Services

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

E

EFSEC Washington Energy Facility Site Evaluation Council
EHO Washington Environmental Hearings Office (now called Environmental & Land Use Hearings Office)
EIM Washington Environmental Information Management
EIS environmental impact statement
ELC Rules for Enforcement of Lawyer Conduct (court rules)
ELUHO Washington Environmental & Land Use Hearings Office
Email electronic mail
EO executive order
EPA U.S. Environmental Protection Agency
ER Evidence Rules (court rules)
ERISA Employee Retirement Income Security Act of 1974 (U.S.)
ETB excise tax bulletins
EWGMHB Eastern Washington Growth Management Hearings Board
EWU Eastern Washington University

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

F

FAQs frequently asked questions
FEIS final environmental impact statement
FIS Franchise Act Interpretive Statements
FLSA Fair Labor Standards Act (U.S.)
FPAB Washington Forest Practices Appeals Board
FPS Franchise Act Policy Statements

G

GALR Superior Court Guardian Ad Litem Rules (court rules)
GIS Geographic Information System
GMA Washington Growth Management Act
GMHB Washington Growth Management Hearings Board
GOIA Washington Governor's Office of Indian Affairs
Gonz. L. Rev. Gonzaga Law Review
GPO U.S. Government Publishing Office (formerly, the Government Printing Office)
GR General Rules (court rules)

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

H

HAB Washington Hydraulic Appeals Board
HCA Washington Health Care Authority
HEPB Washington Higher Education Personnel Board

I

IAC Washington Interagency Commission for Outdoor Recreation
ICC International Code Council
ICRA Indian Civil Rights Act (U.S.)
IDELR Individuals with Disabilities Education Law Report
ILP Index to Legal Periodicals
IPA Information for Public Affairs
IRA Indian Reorganization Act (U.S.)
IRLJ Infraction Rules for Courts of Limited Jurisdiction (court rules)
IS interpretive statement
ISRB Washington Indeterminate Sentence Review Board

J

JCHE Washington Joint Center for Higher Education
JCR Justice Court Civil Rules (court rules). Title changed from Justice Court Civil Rules to Civil Rules for Courts of Limited Jurisdiction effective Sept. 1, 1989.
JISCR Judicial Information System Committee Rules (court rules)
JIS-Link Judicial Information System
JRF Washington Judges' Retirement Fund
JRS Washington Judges' Retirement System
JTIR Justice Court Traffic Infraction Rules (court rules)

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

K

KCBA King County Bar Association
KCLL King County Law Library (now called the Public Law Library of King County)
KWIC key word in context

L

L&I Washington Labor and Industries Department
LAW BBS Legal Access in Washington Bulletin Board System
LEAP Washington Legislative Evaluation and Accountability Program Committee
LEOFF Washington Law Enforcement Officers' and Fire Fighters' Retirement System
LID local improvement districts
LLOPS Law Librarians of Puget Sound
LLRX Law Library Resource eXchange
LRI Legal Resource Index
LTC Washington Legislative Transportation Committee (now called Joint Transportation Committee)

M

MAR Superior Court Mandatory Arbitration Rules (court rules)
MCC Monroe Correctional Complex
MEC Washington Marine Employees' Commission (now called Marine Division, Public Employment Relations Commission)
MOU memorandum of understanding
MPR Superior Court Mental Proceedings Rules (court rules)
MRSC Municipal Research & Services Center of Washington
MTCA Washington Model Toxics Control Act
MWBE Washington Office of Minority and Women's Business Enterprises

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

N

O

OAC Washington Administrative Office of the Courts
OAH Washington Office of Administrative Hearings
OAHP Washington Office of Archaeology and Historic Preservation (eff. July 2005, the Department of Archaeology & Historic Preservation)
OAPCA Olympic Air Pollution Control Authority (now, Olympic Region Clean Air Agency)
OCD Washington Office of Community Development
OCSE U.S. Office of Child Support Enforcement
OCVA Washington Office of Crime Victims Advocacy
OIC Washington Office of the Insurance Commissioner
OMWBE Washington Office of Minority & Women's Business Enterprises
OPAC online public access catalog
ORCAA Olympic Region Clean Air Agency
OSA Washington Office of the State Actuary
OSPI Washington Office of the Superintendent of Public Instruction
OTED Washington Office of Trade & Economic Development

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

P

P., P.2d Pacific Reporter
Pac. Northwest Q. Pacific Northwest Quarterly
PACER Public Access to Court Electronic Records
PBD Personnel Board decision
PCHB Washington Pollution Control Hearings Board
PDC Washington Public Disclosure Commission
PDF Adobe Acrobat Portable Document Format Get Adobe Reader
PDR Physicians' Desk Reference
PECB public employees' collective bargaining
PERC Washington Public Employment Relations Commission
PERS Washington Public Employees' Retirement System
PESB Washington Professional Educator Standards Board
PL public law
PNLA Pacific Northwest Library Association
PS policy statement
PSAPCA Puget Sound Air Pollution Control Agency (now, Puget Sound Clean Air Agency)
PTA property tax advisory
PTB property tax bulletin

Q

QAR quality assurance review (WA Accountancy Board)

R

RALJ Rules for Appeal of Decisions of Courts of Limited Jurisdiction (court rules)
RAP Rules of Appellate Procedure (court rules)
RCW Revised Code of Washington
RCWA Revised Code of Washington Annotated (West)
Rem.Comp.Stat. Remington's Compiled Statutes
Rem. Rev. Stat. Remington's Revised Statutes
RLD Rules for Lawyer Discipline (court rules) (replaced by Rules for Enforcement of Lawyer Conduct
RPC Rules of Professional Conduct (court rules)
RPM revenue policy memoranda

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

S

SAO Washington State Auditor's Office
SAR Supreme Court Administrative Rules (court rules)
SBCC Washington State Building Code Council
SBE Washington State Board of Education
SBIC Washington Governor's Small Business Improvement Council
SCAN state-controlled area network
SCAPCA Spokane County Air Pollution Control Authority (now called Spokane Regional Clean Air Agency)
SCAR Supplemental Court of Appeals Administrative Rule (court rules)
SCOMIS Superior Court Management Information System
SDO Securities Division order
S.E., S.E.2d South Eastern Reporter
SEA Washington Shorelands and Environmental Assistance Program
SEPA State Environmental Policy Act
SERS Washington School Employees' Retirement System
SGC Washington Sentencing Guidelines Commission
SHB Washington Shorelines Hearings Board
SHPO Washington State Historic Preservation Office (now called Washington Department of Archaeology & Historic Preservation)
SIC Standard Industrial Classification
SKCBA Seattle-King County Bar Association
SMA Washington Shoreline Management Act
So., So.2d Southern Reporter
SOC species of concern
SPR Superior Court Special Proceedings Rules (court rules)
SPRC Superior Court Special Proceedings Rules - Criminal (court rules)
SRCAA Spokane Regional Clean Air Agency
SRFB Washington Salmon Recovery Funding Board
St. Reg. Washington State Register
Stat. U.S. Statutes at Large
S.W., S.W.2d, S.W.3d South Western Reporter
SWAPCA Southwest Air Pollution Control Authority
SWCAA Southwest Clean Air Agency of Washington

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

T

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

U

UBI uniform business identifier
UCC Uniform Commercial Code
ULA Uniform Laws Annotated (West)
ULP unfair labor practices
UPS University of Puget Sound
URL uniform resource locator
UTC Washington Utilities and Transportation Commission
UVE Use of Videotape Equipment to Record Court Proceedings (court rules)
UW University of Washington

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

V

W

WAC Washington Administrative Code
WALI Washington Licensing Information
Wash. L. Rev. Washington Law Review
Wash. St. B. News Washington State Bar News (now called NW Lawyer)
WCC Washington Conservation Corps
WCH Washington Commission for the Humanities
WDFW Washington Department of Fish and Wildlife
WICHE Western Interstate Commission for Higher Education
WIIM WISHA interim interpretive memoranda
WISHA Washington Industrial Safety and Health Act
WJ Washington Journal
WJ WAR Washington Journal "Washington Appellate Report"
WLN Washington Library Network
Wn. Washington Reports
Wn. App. Washington Appellate Reports
WPA U.S. Works Project Administration
WPERR Washington Public Employment Relations Reporter
WPI Washington Pattern Jury Instructions: Civil
WPIC Washington Pattern Jury Instructions: Criminal
WPPSS Washington Public Power Supply System
WRD WISHA regional directives
WPRC Washington Rules of Professional Conduct (court rules)
WSBA Washington State Bar Association
WSDA Washington Department of Agriculture
WSDOT Washington Department of Transportation
WSGC Washington State Gambling Commission
WSP Washington State Patrol
WSPRS Washington State Patrol Retirement System
WSR Washington State Register
WSTLA Washington State Trial Lawyers Association (now called Washington Association for Justice)
WSU Washington State University
WTD Washington Tax Decisions
WTECB Washington Workforce Training and Education Coordinating Board
WWGMHB Western Washington Growth Management Hearings Board
WWW World Wide Web

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

X

Y

YLD Young Lawyers Division (WSBA (now called Young Lawyers Committee))

Z

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Legal Research Guides - Washington State Law

Books

For additional Washington State legal research information, see one of the following:

  • Washington Legal Researcher's Deskbook 3d (2002). KFW75.W37 2002 at Reference Area & Reference Office Table of contents
  • Washington Legal Research, 2d ed. (2009). KFW75.H45 2009 at Reference Area & Reference Office
  • Chapter 49, Washington Territorial Legal Materials, in 2 Prestatehood Legal Materials: A Fifty-State Research Guide (2005). KF240.P688 at Reference Office
Title Modification Date
Washington State Constitution: History 2017-01-24T18:04:44-08:00
Washington Laws, Legislation & the Legislature 2013-06-05T09:55:49-07:00
Washington Court Opinions, Court Rules, Other Judicial Materials & the Courts 2015-12-08T12:30:53-07:00
Law-Related Blogs in Washington State 2017-06-23T10:23:17-07:00
Washington State News Sources Online 2012-05-08T14:40:31-07:00
Acronyms & Abbreviations 2015-06-02T16:08:22-07:00
Washington Court Opinions, Court Rules, Other Judicial Materials & the Courts 2014-10-31T15:37:18-07:00
Washington Administrative Agency Decisions & Guidance Documents: Public Employees 2014-01-10T15:36:02-08:00
Washington Laws, Legislation & the Legislature 2015-12-09T17:00:00-07:00

Race in the Criminal Justice System

First posted Jan. 31, 2011. Updated April 30, 2015.
Prepared by Mary Whisner, Reference Librarian, whisner [at] uw.edu

Why are people of color overrepresented in Washington State prisons and jails? Does the criminal justice system treat people of color differently than whites? Are there stages in the process that -- intentionally or unintentionally -- disadvantage African Americans, Hispanics, Asian Americans?

A note about vocabulary: Although some people discussing these issues use the words "disproportionality" and "disparity" interchangeably, there is an important distinction between the two. Disproportionality occurs when groups are represented unequally relative to their numbers in the general population. Disparity occurs when two offenders who are similarly situated are treated unequally.

The Task Force on Race and the Criminal Justice System was created in Nov. 2010 to address these issues. Click here for more information.

This guide gathers Washington studies. (If you know of published studies that are not listed, please send me a note.) It lists some national organizations working in the area and selectively lists books, articles and reports that are not focused on Washington State.


Washington State Studies and Commentary

More Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

General

Symposium, Race and Criminal Justice in the West, Gonz. L. Rev., vol. 42, no. 2 (2011) (articles are also listed separately in this guide).

Symposium on Racial Bias and the Criminal Justice System, Seattle U. L. Rev., vol. 35, no. 3 (2012) (articles are also listed separately in this guide).

Task Force on Race and the Criminal Justice System, Preliminary Report on Race and Washington’s Criminal Justice System, published on the Task Force's website, at 47 Gonz. L. Rev. 251 (2011), and at Seattle U. L. Rev. 623 (2012)

Robert. D. Crutchfield, Racial Disparity in the Washington State Criminal Justice System: Executive Summary and Racial Disparity in the Washington State Criminal Justice System (2005). Review of research in Washington, placed in context of national studies, prepared for case challenging felony disenfranchisement law (Farrakhan v. Gregoire).

Summary of Police Studies
There is not evidence of a broad pattern of racial profiling in the State of Washington, but there are substantial reasons to believe that Native Americans, blacks and Latinos are at elevated risk that cannot be justified by differential involvement in crimes likely to lead to arrests. . . . [P]olice stops of Native Americans, blacks and Hispanics are more likely to result in searches . . . and . . . [D]rug enforcement patterns differentially affect these groups in ways that cannot be justified by drug use or distribution patterns. What are not included among these studies are statewide investigations of policing and race, or research on how offenses beyond traffic offenses and drug possession and distribution, might be associated with race and ethnicity. This is especially important because we know that the use of police discretion can make a very large difference in producing racial disparity in later stages of the criminal justice process. For example, evidence of the importance of police recommendations in bail decisions will be reported below. What we can conclude from the limited extant studies of policing in Washington State is that there is credible evidence that there are significant racial disparities that are not fully warranted by racial or ethnic differences in illegal behavior. -- Executive Summary, p. 2
Summary of Prosecutors’ Studies
Three studies of prosecution and racial disparities have been identified, all completed in King County, Washington . . . . All three studies report that legally relevant factors such as offense seriousness and offenders’ criminal histories are important determinants of decision outcomes during prosecution. Hewitt (1977) finds no significant racial differences in case outcomes after these and other factors that he considers to be legally relevant have been taken into account. Crutchfield et al. (1995) and Bridges (1997) do find significant racial differences even after taking legally relevant factors into account.
These studies found no “smoking gun” where officials are intentionally disadvantaging minority defendants, but in a state with statutorily dictated standards for rendering sentencing decisions researchers have found that racial disparities can be observed in earlier stages (than the more frequently studied sentencing process) of the criminal justice process. -- Executive Summary, pp. 2-3
Summary of Court and Sentencing Studies
This group of studies reported important racial and ethnic differences in the processing of criminal cases in Washington State. A not inconsequential proportion of these differences can be explained by including legally relevant factors, such as the seriousness of offenses, the criminal histories of offenders, and legislatively established aggravating factors such as the presence of a weapon in the commission of a crime. But even when these legally relevant factors have been taken into account, racial and ethnic differences have been repeatedly observed in the processing of felony cases in Washington State. . . .
. . . These differences appear in different decision points in different jurisdictions of the state. Some of these differences appear to be small, but this reviewer concludes that these small differences in what a person is charged with, whether they are released pre-trial, if they are convicted, and what sentence is given are very consequential to the individuals processed and they add up to substantial impacts for minority communities within the state. -- Executive Summary, pp. 3-4
Causes of Racial Disparity in Criminal Justice Processing
The studies of racial and ethnic disparity in Washington State have generally not been designed to uncover the causes of observed differences. Two explanations are described: discriminatory actions of criminal justice decision makers (either intentional or unconscious), and structural or institutional causes (ways of doing business, such as decision rules that are theoretically race-neutral, but are not in practice). -- Executive Summary p. 4

Melisa D. Evangelos, Comment, Bias in the Washington Courts: A Call for Reform, 16 U. Puget Sound L. Rev. 741 (1993), available on HeinOnline (subscription database).

Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior. Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system. Section II explores similar anti-bias rules proposed or in place in other states. Section III introduces the rule advocated in this Comment, compares this proposal to the approaches taken by other states, and explains the operation of the rule. Section IV examines the constitutionality of the proposed rule of professional conduct (RPC), concluding that the rule would withstand First Amendment scrutiny. Finally, Section V argues that the proposed RPC would be an effective and necessary tool in combating racial and gender bias in the Washington court system and concludes that the Washington State Supreme Court shoudl adopt the proposed amendment to the Washington Rules of Professional Conduct. -- pp. 742-43

J. Morgan Kousser, Expert Report (for Farrakhan v. Gregoire). Summarizes historical patterns of discrimination and current racial disparities in Washington State.

Charles Z. Smith, Washington State Minority and Justice Task Force Final Report (1990).

GENERAL PERCEPTIONS ABOUT THE TREATMENT OF MINORITY LITIGANTS
Many minorities, some lawyers and a few judges hold similar perceptions about the treatment of minority litigants. These general perceptions, however are not necessarily shared by all persons working in the courts. The Task Force lists below the more significant and disturbing perceptions held by minorities, some lawyers and a few judges:
1. Minorities believe that bias pervades the entire legal system in general and hence they do not trust the court system to resolve their disputes or administer justice even-handedly.
2. There is a perception that in criminal proceedings, minorities receive disparate treatment and harsher sentences despite the guidelines set out in the Sentencing Reform Act (especially with regard to the first offender waiver and the exceptional sentence provisions.
3. There is a perception that a lack of uniformity exists in prosecutorial decision-making regarding criminal cases involving minority persons.
4. Minorities believe that some law enforcement officials tend to treat minority persons with disrespect and engage in offensive behavior toward minority persons.
5. Those working in the judicial system believe that the quality of justice delivered to minority litigants who require the services of an interpreter for legal proceedings are adversely impacted by the unavailability of a sufficient number of competent and trained interpreters int he court system.
6. Those minorities who must rely on public defender organizations perceive themselves to be disadvantaged because those agencies remain understaffed, poorly funded, and lack sufficient available resources.
7. There is a perception that minorities are underrepresented, if represented at all, on most juries.
8. There is a perception that some judges, lawyers, other officers of the court, and court staff have made offensive remarks and have demonstrated other biased attitudes toward minorities appearing in court.
9. Minorities perceive that they do not have access to rehabilitation programs as readily as non-minority defendants.
10. There is a perception that the criminal justice system provides inadequate protection, access, support, and services to minority victims of crime.
-- pp. 10-11
Criminal Matters
1. A majority of county prosecutors and public defenders in Washington State agree that people who have fewer economic resources are disadvantaged in the criminal justice system. For instance, they are less able to make bail and to afford alternatives to incarceration.
2. Based on responses to questionnaires sent to prosecutors and public defenders, it was concluded that systemic institutionalized bias may negatively impact those who lack financial resources, many of whom are minorities. In addition, the existence of bias in the criminal justice system may infrequently be the result of racial and ethnic bias on the part of individual actors.
3. The majority of county prosecutors do not appear to have specific procedures for filing criminal charges.
4. A sample of out-of-custody and in-custody defendants showed that minorities are more likely to be held in custody following conviction and prior to sentencing. Consequently, minority defendants are less likely to give positive assistance in the pre-sentence investigation.
5. Language and cultural barriers between community corrections officers and minorities may adversely impact the ability of community corrections officers to do adequate presentence investigations, particularly in cases involving non-English speaking minority offenders.
-- pp. 11-12

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Investigation

Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

Mario L. Barnes & Robert S. Chang, Analyzing Stops, Citations, and Searches in Washington and Beyond, 35 Seattle U. L. Rev. 673 (2012)

Racial disproportionality in the criminal justice system is a fact. But the fact of racial disproportionality is the beginning and not the end of the conversation. The fact that blacks are overrepresented in stop, arrest, charge, pretrial detention, conviction, and incarceration statistics demonstrates only correlation and not causation. A number of commentators caution that disproportionality and the overrepresentation of blacks, Native-Americans, and Hispanics in Washington State’s prisons do not prove racial discrimination. Further, the fact of disproportionality at each stage of criminal justice processing does not prove that racial discrimination occurs at each particular stage. For example, the observed disproportionality at imprisonment might merely be a downstream artifact of disproportionality at conviction, which might in turn be a downstream artifact of pretrial detention, charge, arrest, or stop. Closer analysis of each stage is required in order to determine whether observed disproportionality is a product of legally relevant factors as opposed to suggesting more strongly that race plays an illegitimate role. This Article seeks to examine more closely the disproportionality with regard to traffic stops, citations, and searches. We focus on three reports produced by a team of researchers from Washington State University (WSU) that examine Washington State Patrol traffic stops, citations, and searches.

Katherine Beckett, Race and Drug Law Enforcement in Seattle (2004) (Prepared on behalf of the Defender Association’s Racial Disparity Project)

Key findings include:
• In Seattle, a majority of recent users of serious drugs, with the possible exception of crack cocaine, are white. All available data sources indicate that blacks comprise a smaller percentage of recent users of these drugs, again with the possible exception of crack.
• The majority of Seattle needle exchangers surveyed obtained their drugs (primarily heroin, methamphetamine, and cocaine) from a white person; much smaller percentages reported obtaining those substances (especially heroin and methamphetamine) from a black person.
• 64.2% of those purposefully arrested7 for delivery of serious drugs, including heroin, methamphetamine, powder cocaine, crack cocaine, and ecstasy, in Seattle from January 1999-April 2001 were black.
• Approximately one-third of Seattle’s outdoor drug transactions involve crack cocaine.
• By contrast, the vast majority (over 74%) of purposeful drug delivery arrests involved crack cocaine, and 79% of those purposefully arrested for delivering crack cocaine were black. This focus on crack is thus a leading cause of racial disparity in drug delivery arrests.
• Blacks are also over-represented among heroin delivery arrestees given evidence regarding the rate at which blacks deliver that substance.
-- pp. 6-7
In sum, the available evidence indicates that the majority of those who deliver serious drugs in Seattle are white, and that a smaller percentage of those who do so are black. And yet, according to Seattle Police Department arrest records, 64.2% percent of those purposefully arrested for this crime from January 1999-April 2001 were black; 14.1% were Latino, and 17.6% were white . . . . This disparity assumes even greater significance in light of evidence that the Seattle Police Department conducts significantly more drug delivery arrests than comparably sized cities around the United States . . . . p. 7
Analyses of arrest patterns indicate that the SPD’s concentration on racially diverse outdoor drug markets and on deliverers of crack cocaine, its lack of attention to predominantly white heroin markets and to whites involved in heroin delivery, and its targeting of black individuals in a variety of settings are the primary causes of racial disparity in delivery arrests. -- p. 8
[Neither] crime rates [nor] community complaints . . . explains racially disparate arrest rates. -- p. 8
[N]either the focus on crack nor the over-representation of blacks among arrestees more generally can be explained in racially neutral terms. -- p. 9

Katherine Ann Beckett, Declaration and Report (2005) summarizes the 2004 study for use in Farrakhan v. Gregoire.

Katherine Beckett, Race and Drug Law Enforcement in Seattle: Report for the American Civil Liberties Union and the Defender Association (2008)

The majority of those who use and deliver serious drugs in Seattle are white.
• Data from multiple sources – surveys of public school students, needle exchange clients, and the general Seattle population; mortality data; drug treatment admission data; and an observational study of two outdoor Seattle drug markets – all support the conclusion that a majority of those who use and deliver serious illegal drugs with the possible exception of crack cocaine in Seattle are white.
--p. 1
The majority of those purposefully arrested for delivering a serious drug in Seattle are black, and blacks are over-represented among drug arrestees to a greater degree than in nearly all other mid-sized cities.
• Although the city population is 8 percent black, two-thirds (67 percent) of those arrested in Seattle for delivery of a serious drug in a four-month sample from 2005–2006 were black.
• The black drug arrest rate in 2006 was more than 13 times higher than the white drug arrest rate.
• The black drug arrest rate for delivery of a serious drug is more than 21 times higher than the white arrest rate for the same crime.
• In 2006, only one of 38 comparable mid-sized cities had a higher degree of racial disproportionality in drug arrests than Seattle.
-- p. 1
The focus on crack cocaine is the fundamental cause of racial disparity in Seattle drug delivery arrests.
• The over-representation of blacks among drug delivery arrestees is not primarily a function of racial differences in drug delivery.
o Blacks delivering drugs downtown are 13.6 times more likely to be arrested than whites engaging in the same behavior in the same geographic area.
o Blacks are over-represented by a statistically significant margin among those arrested in the Capitol Hill and University District neighborhoods. • Most blacks who are arrested for delivering serious drugs are arrested downtown and outdoors. However, the majority of those arrested in other parts of the city and indoors are also black.
• The focus on crack cocaine is a fundamental cause of racial disparity in Seattle drug delivery arrests.
o Nearly three-fourths (72.9 percent) of those purposefully arrested for delivery of a serious drug in 2005–2006 were arrested for delivering crack cocaine. Nearly three-fourths (73.4 percent) of those purposefully arrested for delivering crack cocaine in 2005– 2006 were black.
o By contrast, fewer than 20 percent of those arrested for delivery of a serious drug other than crack were black.
-- p. 2
The focus on crack cocaine is not a function of race-neutral policy considerations.
• Powder cocaine and ecstasy are the most widely used serious drugs in Seattle.
• More Seattle residents are admitted to public drug treatment programs for heroin abuse than for crack cocaine abuse. Heroin users also report making more frequent purchases than crack cocaine users. The frequency with which crack cocaine is exchanged thus does not explain the over-representation of crack cocaine among Seattle drug arrestees.
• The focus on crack cocaine is not a function of public health considerations. Although crack cocaine use poses health risks, other serious drugs, especially heroin and other opiates, are more likely to be associated with drug-related mortality and infectious disease.
• The focus on crack cocaine is not a function of public safety risks. Among Seattle serious drug arrestees, those involved with crack cocaine were least likely to have a dangerous weapon in their possession at the time of their arrest.
• The focus on crack is not a consequence of civilian complaints about that particular substance: there is little geographic correspondence between complaints and delivery arrests, and most complainants do not identify the drug involved. Moreover, most civilian complaints about drug activity do not result in arrest, and most arrests do not involve a civilian complainant.
-- p. 3

Tal Klement & Elizabeth Siggins, A Window of Opportunity: Addressing the Complexities of the Relationship between Drug Enforcement and Racial Disparity in Seattle, 1 Seattle J. Soc. just. 165 (2002).

Our analysis suggests that there is a relationship between police drug enforcement and racial disparity that is complex and indirect, but not impossible to address. This relationship does not mean that the police are intentionally targeting persons of color. Instead, drug enforcement practices focus on visible street-level markets, which tend disproportionately to involve persons of color, but which are not necessarily reflective of all drug markets in Seattle. There are a number of factors that contribute to this complex relationship:
The Seattle Police Department’s mandate with respect to drug enforcement is unclear. . . .
The response-driven nature of drug enforcement does not necessarily fit the complex realities of drug markets. . . .
Seattle Police Department enforcement efforts target a limited conception of the harm of drug use and markets. . . .
The current focus on “sellers” versus “buyers” is problematic.
There is an important window of opportunity to address these issues. -- pp. 169-70

Clayton Mosher et al., The Importance of Context in Understanding Biased Policing: State Patrol Traffic Citations in Washington State, 9 Police Practice and Research 43 (2008).

Abstract: Several studies have provided evidence that racial profiling on the part of law enforcement agencies in the USA is a widespread problem. In contrast to most extant analyses of biased policing, our multivariate analyses of approximately 1.6 million traffic stops by the Washington State Patrol disaggregate the data from the state level to smaller jurisdictions and examine differences in rates of citation for several minority groups. The analyses reveal that, when racial/ethnic differences in the commission of traffic violations are taken into account, the initial effects of race/ethnicity on the probability of receiving a citation are greatly attenuated.

Clayton Mosher & J. Mitchell Pickerill, Methodological Issues in Biased Policing Research with Applications to the Washington State Patrol, 35 Seattle U. L. Rev. 769 (2012)

Racial profiling violates the United States Constitution’s premise that all people are equal under the law, as well as the Fourth Amendment’s guarantee that people should be free from unreasonable searches and seizures. Racial profiling has been found to result from individual officer racism or stereotyping, from institutionalized biases, and from the organizational culture of law enforcement agencies. We begin this Article by discussing the history of racial profiling before proceeding to consider various studies from a select number of American jurisdictions. We then examine important methodological and theoretical issues in conducting research on racial profiling and racially biased policing, including a detailed discussion of our research with the Washington State Patrol (WSP). These issues are important to consider because if studies of racial profiling are not based on sound scientific principles, then those who deny the existence of the problem can attribute revelations of bias to faulty research methodology. The Article concludes with a response to the critiques of our methodology and conclusions presented by Professors Mario Barnes and Robert Chang.

J. Mitchell Pickerill, Clayton Mosher & Travis C. Pratt, Search and Seizure, Racial Profiling, and Traffic Stops: A Disparate Impact Framework, 31 Law & Policy 1 (2009).

Abstract: In response to nationwide attention to the issue of racial profiling, numerous law enforcement agencies have reexamined their policies and collected data on the racial demographics of motorists stopped and searched by police. This article advocates a disparate impact framework for understanding the relationship between race and searches and seizures. Using data on the Washington State Patrol, analysis indicates that disparities in the proportions of racial minorities searched by the Patrol are likely not the result of intentional or purposeful discrimination. Additionally, factors such as age, sex, time of day, and the number of violations that motivated the stop affect the likelihood of a search.

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Prosecution

Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

Michael Callahan, Note, “If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, and the Right to a Fair Trial in State v. Monday, 35 Seattle U. L. Rev. 827 (2012)

This Note argues that of the three opinions from Monday, Washington state courts should follow Chief Justice Madsen’s concurring opinion. The Monday decision also raises three questions that none of the opinions adequately answer: who does Monday apply to, what conduct does Monday forbid, and what is the legal source of the rules from Monday? The court will have to answer these questions in the future to determine the scope of its new rules. Part II of this Note discusses how Washington courts previously addressed the issue of prosecutorial misconduct and appeals to racial bias in trials. Part III analyzes the three opinions from Monday. In Part IV, this Note argues in favor of Chief Justice Madsen’s concurrence. Part V looks at the three questions that the Monday opinion raises, and Part VI concludes.

Robert D. Crutchfield, Racial and Ethnic Disparities in the Prosecution of Felony Cases in King County : Final Report (Olympia, Wash.: Washington State Minority and Justice Commission, Office of the Administrator for the Courts,[1995])

Abstract (from National Criminal Justice Reference Service): The study attempted to determine whether and under what circumstances the race and ethnicity of adult persons accused of felony crimes in King County influenced, either directly or indirectly, prosecutorial decisionmaking and the processing of felony criminal cases by the prosecuting attorney. Procedures and standards which the King County Prosecuting Attorney's Office adopted, which are reevaluated and changed regularly, appeared to produce cases handled in a systematic way based on legally relevant factors. Even so, there were some observable differences by race of offenders in case processing outcomes. The study could not draw definite conclusions as to the sources of those differences. Racial and ethnic differences in criminal justice are not necessarily the result of individuals making biased decisions, but may appear because of the adoption of laws and policies that differentially affect segments of the population. Notes, bibliography, tables, appendix.

Rodney L. Engen et al., The Impact of Race and Ethnicity on Charging and Sentencing Processes for Drug Offenders in Three Counties of Washington State: Final Report (1999).

Larry Michael Fehr, Racial and Ethnic Disparities in Prosecution and Sentencing: Empirical Research of the Washington State Minority and Justice Commission, 32 Gonz. L. Rev. 577 (1997), available on HeinOnline and Westlaw (subscription databases).

This article summarizes the findings from two recent studies of the [Washington State Minority and Justice] Commission focusing on racial and ethnic disparities in the prosecution of adult felony cases in King County and racial/ethnic disparities and exceptional sentences in Washington State. -- p. 578

Krista L. Nelson & Jacob J. Stender, Note, “Like Wolves in Sheep’s Clothing”: Combating Racial Bias in Washington State’s Criminal Justice System, 35 Seattle U. L. Rev. 849 (2012)

Despite their differences, both the majority and concurring opinions in Monday present new ways to address prosecutorial misconduct, deter the injection of racial bias into courtroom proceedings, and create substantively similar outcomes. Part II of this Note discusses the traditional prosecutorial misconduct test in Washington State, as well as the rules articulated by the Monday majority and concurrence. Part III discusses the implications of both the majority and concurring opinions, the primary differences in their approaches to deterrence, the degree of racial bias they require to warrant reversal of a conviction, and the discretion they afford the judiciary. Part III also suggests that courts must consider both the rights of criminal defendants and the aggregate impacts of racial bias on society at large when fashioning a rule to combat racial bias.

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Sentencing

Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

Robert D. Crutchfield et al., Racial / Ethnic Disparities and Exceptional Sentences in Washington State : [Final Report] (Olympia, Wash.: Washington State Minority and Justice Commission, Office of the Administrator for the Courts,[1993])

We conclude that exceptional sentences, both above and below the standard range, are used infrequently and that the relationship between race/ethnicity and the imposition of these sentences is very complex. Therefore, even though it appears that race has a modest effect on sentencing outside the standard range, simplistic notions about race and exceptional sentencing should be avoided. -- p. 3

Rodney L. Engen et al., The Impact of Race and Ethnicity on Charging and Sentencing Processes for Drug Offenders in Three Counties of Washington State: Final Report (1999).

Two central findings emerge from this study. First, this study demonstrates that charges are routinely changed between initial filing and conviction, suggesting that the decision-making that occurs prior to sentencing often has a greater impact on the punishment that offenders receive than does the exercise of discretion in sentencing. If there are differences in the way these decisions are made for different racial and ethnic groups, such differences could contribute to sentencing disparities that would be masked by “legal” factors (i.e., attributed to differences in offending behavior) at the sentencing stage. The second finding central to this report is that these changes in the severity of charges are, for the most part, not related to race or ethnicity. While we found some small differences in charging decisions, those did not consistently advantage or disadvantage any particular group of offenders. We conclude, therefore, that the data provide no evidence that race and ethnicity are important factors affecting charging
decisions for drug offenders. -- p. 2

Rodney L. Engen et al., Racial and Ethnic Disparities in Sentencing Outcomes for Drug Offenders in Washington State : FY 1996 to Fy 1999 (1999).

Two general findings of this study emerge as most central. First, while legally-relevant factors are the primary determinants of sentencing decisions, those factors do not entirely explain differences between white and minority offenders in sentencing outcomes. Second the relationship between race/ethnicity and sentencing varies across county courts. This study provides evidence that race and ethnicity continue to affect the sentencing of drug offenders in Washington State. This is true both for the severity of the sanction and the use of alternative sanctions. The use of those different types of sanctions varies by county class across the state and to some extent the relationship between race and ethnicity and sentencing varies across counties. This study clearly demonstrates that the process through which race and ethnicity affect sentencing is extremely complex, and further research must be conducted that takes a wide range of issues into account. -- p. 4

Larry Michael Fehr, Racial and Ethnic Disparities in Prosecution and Sentencing: Empirical Research of the Washington State Minority and Justice Commission, 32 Gonz. L. Rev. 577 (1997), available on HeinOnline and Westlaw (subscription databases).

This article summarizes the findings from two recent studies of the [Washington State Minority and Justice] Commission focusing on racial and ethnic disparities in the prosecution of adult felony cases in King County and racial/ethnic disparities and exceptional sentences in Washington State. -- p. 578

Paula Ditton Henzel, Disproportionality and Disparity in Adult Felony Sentencing 2003 (Wash. State Sentencing Guidelines Comm'n, [2003]).

People of color are over-represented at every stage of Washington’s criminal justice system, from arrest through sentencing and incarceration. In 2002, African Americans made up 21.3% of the state prison population, but just 3% of the state’s adult population. Hispanics accounted for 11% of the prison population, but just 7% of the state population. -- p. 3
People of color are over-represented in all three components of the justice system. In 2000, persons of color were represented in felony sentencing at nearly twice (1.8) their proportion in the population. By 2002, over-representation had decreased to 1.4. The overrepresentation of people of color is slightly greater in county jail bookings (1.6). Disproportionality is most severe in prison admissions. In 2002, people of color were represented in prison admission at twice their proportion in the population. -- p. 3

Nella Lee, Edward M. Vukich, Representation and Equity in Washington State : An Assessment of Disproportionality and Disparity in Adult Felony Sentencing : Fiscal Year 2000 (Olympia: State of Washington Sentencing Guidelines Commission,[2001])

This report examines both disproportionality (unequal representation of groups relative to their numbers in the general population) and disparity (unequal sentencing of similarly situated offenders) in adult felony sentencing . . . .Because the Commission’s sentencing data are limited in terms of demographic and extra-legal variables, and these data are neither readily available or easily obtainable, the Commission can only report on whether or not disproportionality and disparity are present in adult felony sentencing, not why they are or are not present.
The principal findings of this report are as follows:
* For total adult felony sentencing, statewide, African American females and males are the most overrepresented groups, followed by Native American females and males and Hispanic males.
* Asian/Pacific Islander females and males are the most underrepresented groups, followed by Hispanic females and Caucasian males, and Caucasian females.
* African American, Caucasian and Native American females are generally overrepresented to a greater extent than their male counterparts.
. . .
* Disparity is present in sentencing to alternatives and in exceptional sentences, though the groups receiving the disparate treatment vary with the type of sentence.
* African Americans receive life and death sentences at rates higher than those for every other group. The most egregious disparity is in sentencing for “Three-Strike” life sentences. African Americans are sentenced at a rate 6.0 times higher than that for Native Americans, 17.0 times higher than that for Hispanics, 18.6 times higher than that for Caucasians and 133.3 times higher than that for Asian/Pacific Islanders.
. . .
Because the findings reveal that disproportionality is prevalent in adult felony sentencing, and that disparity is present in certain facets of adult felony sentencing, further investigation is highly recommended.

Wash. State Sentencing Guidelines Comm'n, Disproportionality and Disparity in Adult Felony Sentencing Fiscal Year 2007 ([2008]).

In Calendar Year 2000, 2002, Fiscal Year 2005 African and Native Americans were the most over-represented groups in adult felony sentencing. This trend continued in fiscal year 2007 (Figure 3). Asian/ Pacific Islanders were under-represented during this same period. The most significant changes over the past 5 years include a steady increase in over-representation for Native Americans and a steady decrease in representation of Hispanic. The representation of Asian/Pacific Islands continued at the lowest rate and decreased in the last 7 years. -- p. 2

Wash. State Sentencing Guidelines Comm'n, Disproportionality and Disparity in Adult Felony Sentencing Fiscal Year 2005 (2005).

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Legal Financial Obligations

Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

Katherine Beckett, Alexes Harris & Heather Evans, The Assessment and Consequences of Legal Financial Obligations in Washington State (Olympia: Wash. State Minority & Justice Comm'n, 2008)

For the purposes of this study, LFOs include the fees, fines and restitution orders assessed by judges at the time of criminal conviction. Persons assessed LFOs for offenses committed after July 1, 2000 may remain under the court’s jurisdiction “until the [financial] obligation is completely satisfied, regardless of the statutory maximum for the crime.” -- p. 1
The results of the study indicate that the assessment of LFOs is characterized by a high degree of variability that cannot be attributed solely to the seriousness of the offense or the offender. -- p. 2
The analysis of court records also indicates that defendant, case and county characteristics significantly influence LFO assessment even after the seriousness of the offense and offender are taken into account. Specifically, convictions involving Hispanic defendants are associated with significantly higher fees and fines than those involving white defendants, even after controlling for relevant legal factors. Drug convictions are associated with significantly higher fees and fines than convictions involving violent offense charges. Convictions that result from a trial rather than a guilty plea are also associated with significantly higher fees and fines. Finally, cases involving male defendants are assessed higher fees and fines than cases involving female defendants. The assessment of LFOs also varies by jurisdiction. That is, even among cases involving identical charges and defendants with similar offense histories, there is significant county-level variation in the assessment of fees and fines. Counties characterized by smaller populations, higher drug arrest and violent crime rates, and/or comparatively small proportions of their budgets devoted to law and justice assess significantly higher fees and fines. The evidence thus indicates that defendants with similar criminal histories and charges may accrue very different amounts of legal debt depending upon where they are convicted. -- pp. 2-3
LFOs are an important barrier to the reintegration process. p. 3

Michael L. Vander Giessen, Note, Legislative Reforms for Washington State’s Criminal Monetary Penalties, 47 Gonz. L. Rev. 547 (2011)

Balancing the present racial and ethnic disparities in Washington’s criminal justice system requires state legislators to carefully assess contributing factors and seriously consider sentencing reforms. One contributing factor can be found in Washington’s laws governing criminal monetary penalties, known as legal financial obligations (“LFOs”). Many have criticized LFOs as creating de facto debtors’ prisons that disproportionately impact racial and ethnic minorities. These critics have also identified potential reforms but offered little practical guidance on how to implement them in Washington. As a complement to their work, this note offers a discussion draft of proposed legislation. Specifically, this note proposes that the Washington State Legislature alleviate the negative effects of LFOs by enacting legislation with four results: first, structuring the amount of nonrestitution LFOs to reflect the seriousness of the offense and the offender’s ability to pay; second, repealing the interest accrual on nonrestitution LFOs; third, reducing the annual interest rate on restitution LFOs from twelve percent to six percent; and finally, empowering the sentencing court to modify or convert nonrestitution LFOs when the offender’s financial circumstances change.
In Part II, this note explains the current law on LFOs and the challenges these standards present for criminal offenders and their families, especially racial and ethnic minorities. Part III explores the various historical responses to these problems, including the issues that have been litigated, the policy recommendations that have been made, and the legislative action that has resulted. Part IV proposes significant changes, explains their underlying policies, and considers how they would fit in with existing law. Part V concludes this note with a call for a comprehensive legislative response. The appendix sets forth a discussion draft of the proposed legislation. -- pp. 547-48 (footnotes omitted)

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Imprisonment

Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

George S. Bridges & Robert D. Crutchfield, Racial and Ethnic Disparities in Imprisonment : Executive Summary and Final Report (Seattle: University of Washington. Institute for Public Policy and Management, 1986). Available in libraries.

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Juvenile Justice

Washington State Studies: General . . . Investigation . . . Prosecution . . . Sentencing . . . Legal Financial Obligations . . . Imprisonment . . . Juvenile Justice

Nella Lee, Juvenile Offenders: A Study of Disproportionality and Recidivism (Wash. State Sentencing Guidelines Comm'n, Olympia: 2001)

Michael D. Pullmann et al., Washington State Disproportionate Minority Contact Assessment (2013) (report by University of Washington Medical School Division of Public Behavioral Health and Justice Policy and the Washington State Partnership Council on Juvenile Justice)

Wash. State Sentencing Guidelines Comm'n, Disproportionality and Disparity in Juvenile Sentencing Fiscal Year 2005 ([2005]).

Wash. State Sentencing Guidelines Comm'n, Disproportionality and Disparity in Juvenile Sentencing Fiscal Year 2007 (2008).

Washington State Ctr. for Court Research, Disproportionate Minority Contact in the Juvenile Justice System (2012)

Task Force on Race and the Criminal Justice System, Supreme Court Presentation on Race and the Juvenile Justice System (TVW video) (March 28, 2012)

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History

Jason A. Gillmer, Crimes of Passion: The Regulation of Interracial Sex in Washington, 1855-1950, 47 Gonz. L. Rev. 393 (2011)


National Organizations

Race and Criminal Justice

ACLU Racial Justice Program

American Society of Criminology Division on People of Color and Crime. Books by members are listed here. Official journal is Race and Justice.

Center on Race, Crime and Justice (John Jay College of Criminal Justice, City University of New York)

Charles Hamilton Houston Institute for Race & Justice (Harvard Law School). Projects:

Equal Justice Initiative (Alabama)

McCleskey v. Kemp: 25 Years Later. McCleskey v. Kemp, 481 U.S. 279 (LII link), decided April 22, 1987, upheld the death sentence of an African-American man convicted of killing a white police officer, despite statistical evidence that Georgia's capital sentencing system had a disparate impact on blacks. This website, supported by 10 partner organizations, provides information about the case and its impact on criminal justice.

National Center for Mental Health and Juvenile Justice, Annotated Bibliography: Youth of Color (April 2008)

National Center for State Courts

National Council on Crime and Delinquency

National Criminal Justice Reference Service

  • Law Enforcement: Profiling
  • Juvenile Justice: Gender/Race/Ethnicity
  • NCJRS Abstracts Database – “contains summaries of the more than 200,000 criminal justice, juvenile justice, and substance abuse resources housed in the NCJRS Library collection. “ Search for racial disparity retrieved 500 records (the maximum). Consider using these subject headings in thesaurus search: Race; Race relations; Race-crime relationships; Race-punishment relationship; Racial discrimination; Racial/ethnic profiling; Racially motivated violence; Ethnic groups; Sentencing disparity

Racial Disparity Initiative (a project of the Council on Crime and Justice) (Minnesota)


The Sentencing Project

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Youth Issues

ACLU School-to-Prison Pipeline

Children's Defense Fund Cradle to Prison Pipeline® Campaign

Civil Rights Project (UCLA) School-to-Prison Pipeline

schooltoprison.org ("provides a password-protected forum for impact litigators, direct services attorneys and other legal advocates across the nation to share ideas and strategies to challenge the push-out of children from schools and into the juvenile and criminal justice systems")

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Race Generally

Kirwan Institute for the Study of Race and Ethnicity (Ohio State University). Institute does not appear to have projects directly related to criminal justice, but site has helpful materials about structural racism and how to talk about race.

University of Kentucky College of Law conference (Feb. 25, 2011), Structural Racism: Inequality in America Today. Bibliography.

Legal Services of Northern California Race Equity Project

Reading List and Annotated Bibliographies

American Psychological Association Office of Ethnic Minority Affairs, Annotated Bibliography of Psychology and Racism. Covers 1974-96

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Bibliographies, Reading Lists, Indexes

Annotated Bibliography: Racial Disparities in the Criminal Justice System (from The Sentencing Project) (2003)

Annotated Bibliography: Youth of Color (April 2008), from National Center for Mental Health and Juvenile Justice.

Criminal Justice and Race. Readings compiled by Vernellia R. Randall Professor of Law, The University of Dayton

National Council on Crime and Delinquency, Publications Database includes 21 items under “Race and Justice.”

NCJRS Abstracts Database (from National Criminal Justice Reference Service) – “contains summaries of the more than 200,000 criminal justice, juvenile justice, and substance abuse resources housed in the NCJRS Library collection. “ Search for racial disparity retrieved 500 records (the maximum). Consider using these subject headings in thesaurus search: Race; Race relations; Race-crime relationships; Race-punishment relationship; Racial discrimination; Racial/ethnic profiling; Racially motivated violence; Ethnic groups; Sentencing disparity.

Race and Crime: An Annotated Bibliography, by Katheryn Russell Brown et al. (2000). Available in libraries.

Race & Ethnic Fairness Initiative: “database of the main findings and recommendations of the various commissions and task forces established by state judicial branches to investigate and improve racial and ethnic fairness in their courts,” from National Center for State Courts

Race and Justice Clearinghouse (from The Sentencing Project): “a resource for information, analysis, and commentary on race and ethnicity as they interact with the criminal justice and juvenile justice systems.”

Race, Crime and the Criminal Justice System: A Bibliography, by Joan Nordquist (1997). Available in libraries.

Race, Ethnicity, and the Criminal Justice System, by Katherine J. Rosich (2007). Research brief from American Sociological Association. Bibliography at pp. 24-31.

Racial Fairness Resource Guide, from National Center for State Courts

Research Bibliography (from Racial Disparity Initiative) – 14 pp. Bibliography is undated; latest item cited is from 2006.

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Books on Crime, Race, and Society (General)

Michelle Alexander, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2010). Available in libraries. Publisher's page.

Alexander examines the great disproportionality of people of color in prison, its causes, and its impacts. She argues that many practices add up to create the disproportionality, such as law enforcement stopping people based on race, raiding black neighborhoods, and relying on informants who only know people of their own race; prosecutors exercising their discretion to "load up" charges to get plea bargains; and mandatory minimum sentences and three strikes rules creating incredibly long sentences. Extensive footnotes back up her claims.

See multimedia links.

Katherine Beckett, Making Crime Pay: Law and Order in Contemporary American Politics (2000). Available in libraries. Publisher's summary:

Most Americans are not aware that the US prison population has tripled over the past two decades, nor that the US has the highest rate of incarceration in the industrialized world. Despite these facts, politicians from across the ideological spectrum continue to campaign on "law and order" platforms and to propose "three strikes"--and even "two strikes"--sentencing laws. Why is this the case? How have crime, drugs, and delinquency come to be such salient political issues, and why have enhanced punishment and social control been defined as the most appropriate responses to these complex social problems? Making Crime Pay: Law and Order in Contemporary American Politics provides original, fascinating, and persuasive answers to these questions.

According to conventional wisdom, the worsening of the crime and drug problems has led the public to become more punitive, and "tough" anti-crime policies are politicians' collective response to this popular sentiment. Katherine Beckett challenges this interpretation, arguing instead that the origins of the punitive shift in crime control policy lie in the political rather than the penal realm--particularly in the tumultuous period of the 1960s.

Katherine Beckett & Theodore Sasson, The Politics of Injustice: Crime and Punishment in America (2d ed. 2004). Available in libraries. Publisher's page.

David Cole, No Equal Justice: Race and Class in the American Criminal Justice System (10th Anniversary ed. 2010). Publisher's summary:

First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a “shocking and necessary book” by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association.

No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities,Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor.

For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.

Randall Kennedy, Race, Crime and the Law (1997). Available in libraries. Publisher's summary:

In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.

Catherine Y. Kim, Daniel J. Losen & Damon Hewitt, The School to Prison Pipeline: Structuring Legal Reform (2010). Available in libraries. Publisher's page.

Marc Mauer, Race to Incarcerate (New York: New Press in conjunction with the Sentencing Project, 2d ed. 2006) . Available in libraries. Publisher's page.

Charles Ogletree, The Presumption of Guilt: The Arrest of Henry Louis Gates, Jr. and Race, Class, and Crime in America (2010). Available in libraries. Publisher's summary:

Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country’s foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all.
Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.
See multimedia link.

Alexander Papachristou, ed., Blind Goddess: A Reader on Race and Justice (2011). Available in libraries. Publisher's page.

Nicolle Y Parsons-Pollard, ed., Disproportionate Minority Contact: Current Issues and Policies (2011). Available in libraries. Publisher's page.

Mark Peffley & Jon Hurwitz, Justice in America: The Separate Realities of Blacks and Whites (2010). Available in libraries. Publisher's summary:

As reactions to the O. J. Simpson verdict, the Rodney King beating, and the Amadou Diallo killing make clear, whites and African Americans in the United States inhabit two different perceptual worlds, with the former seeing the justice system as largely fair and color blind and the latter believing it to be replete with bias and discrimination. The authors tackle two important questions in this book: what explains the widely differing perceptions, and why do such differences matter? They attribute much of the racial chasm to the relatively common personal confrontations that many blacks have with law enforcement – confrontations seldom experienced by whites. More importantly, the authors demonstrate that this racial chasm is consequential: it leads African Americans to react much more cynically to incidents of police brutality and racial profiling, and also to be far more skeptical of punitive anti-crime policies ranging from the death penalty to three-strikes laws.

Doris Marie Provine, Unequal Under Law: Race in the War on Drugs (2007) Available in libraries. Publisher's summary:

Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts.

Doris Marie Provine’s engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism—a discussion that Unequal under Law promises to initiate.

Michael Tonry, Punishing Race: A Continuing American Dilemma (2011). Available in libraries. Publisher's page.

Michael Tonry, Thinking about Crime:Sense and Sensibility in American Penal Culture (2006). Available in libraries. Publisher's summary:

In this wide-ranging analysis, Michael Tonry argues that those responsible for crafting America's criminal justice policy have lost their way in a forest of good intentions, political cynicism, and public anxieties. American crime control politics over time have created a punishment system no one would knowingly have chosen yet one that no one seems able to change. Prevailing sensibilities rather than timeless truths govern the American war on crime, resulting in policies both wasteful and harsh. U.S. crime trends closely resemble those of other nations, yet American policies, shaped by different sensibilities, are much more punitive.

Seamlessly blending history with an easy presentation of day-to-day realities and empirical evidence, Tonry proposes tangible, specific solutions that can serve as a platform for criminal justice reform. We know how to create an effective and humane criminal justice system. Now we must have the courage to do so, by abandoning the current status quo, which is both costly and cruel in favor of practices that will move America closer to the mainstream of contemporary Western values.

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Articles, Reports, and Books (by Topic)

General . . . Gangs . . . History . . .  Incarceration . . .  Investigation . . . Judges . . . Legislation . . .  Prison Labor . . . Remedies . . . Socio-Economic Factors . . . Stereotype and Bias . . .

General

American Civil Liberties Union of Northern California, Race & Ethnicity in America: Turning a Blind Eye to Justice (2007).

Discusses right to counsel (pp. 50-57), racial and ethnic profiling (pp. 58-68), minority over-representation in criminal justice system (pp. 78-86), race bias in application of death penalty (pp. 106-07).

Robert D. Crutchfield, April Fernandes & Jorge Martinez, Racial and Ethnic Disparity and Criminal Justice: How Much Is Too Much?, 100 J. Crim. L. & Criminology 903 (2010). Reviews literature, including studies of both juvenile and adult criminal justice systems.

This review confirms that racial and ethnic disparities exist in both the American juvenile and adult criminal justice systems. Recent research also confirms that the degree of this disparity varies across jurisdictions, and it appears at different decision points in different jurisdictions. Some studies find moderate to large differences between the ways in which whites, blacks, and Latinos experience justice systems. Others report small differences, some report that they do not uncover evidence of racial and ethnic disproportionality, and still others note disadvantages for whites. Both African Americans and Latinos continue to be overrepresented in prisons, but much of the difference is based on higher levels of involvement by people from these groups in crime. That said, Blumstein, who published the classic paper that concluded that 80% of black/white differences in imprisonment was “warranted” by higher black violent crime rates, has updated that work, looking at crime specific imprisonment rates. He has found great variability; in particular, far less than 80% of black/white differences in imprisonment for drug offenses can be accounted for by behavior differences (in fact, just under 50%). Since so much of America’s three-decade imprisonment binge has been fueled by the War on Drugs, we should be more cautious if we conclude that a great deal of imprisonment differences can be accounted for with legally relevant variables.
What is also clear is that, as we expected, research on data gathered in recent decades provides evidence of disparity, and those disparities are far less than was observed earlier in the twentieth century. . . . It is clear that criminal justice practices in the United States have come a long way towards racial and ethnic justice in the past one hundred years. Unfortunately the evidence indicates that we still have distance to travel to reach that “more perfect union.” -- pp. 928-29 (footnotes omitted)
[T]he aggregate products of differences observed in individual processing amount to real differences to black and brown populations in the United States. Given the massive increase in American imprisonment that has, in part, been fueled by the War on Drugs, these aggregate patterns, especially Blumstein’s more recent work reporting that only one-half of racial disparities in drug imprisonments can be accounted for by behavior, should be particularly alarming.
There is another problem associated with allowing modest or even small racial disparities to persist without challenge. They add substance to the narrative of injustice; a long held belief by many in black and brown communities holds that rules and fair play do not apply to people of color when they are confronted by the state. -- pp. 931-32

Hon. Barbara Madsen, Racial Bias in the Criminal Justice System, 47 Gonz. L. Rev. 243 (2011) (keynote address for symposium, Race and Criminal Justice in the West, Gonz. L. Rev., vol. 42, no. 2 (2012))

Katherine J. Rosich, Race, Ethnicity, and the Criminal Justice System (2007). Research brief from American Sociological Association. Bibliography at pp. 24-31.

William J. Stuntz, Unequal Justice, 121 Harv. L. Rev. 1969 (2008)

Inequality is a core feature of American criminal justice, but its causes remain obscure. Official racism has declined even as the black share of the prison population has risen. The generation that saw the rise of enormous, racially skewed punishment for drug crime followed the generation that saw the rise of civil rights for black Americans and racially integrated police forces. What explains these trends? One answer — the decline of local democracy — has received too little attention in the growing literature on this subject. A century ago outside the South, high-crime city neighborhoods were largely self-governing; residents of those neighborhoods decided how much criminal punishment to impose, and on whom. Those locally democratic justice systems were both remarkably effective and surprisingly egalitarian. During the latter half of the twentieth century, local democratic control over criminal justice unraveled. Residents of high-crime cities grew less powerful; suburban voters, legislators, and appellate judges grew more so. Prison populations fell sharply, then rose massively. The effects of both the fall of criminal punishment and its subsequent rise were disproportionately felt in urban black neighborhoods. The justice system grew less equal, and less just.
Parts I and II of the Article explore these trends. Part III turns to the future, and asks what steps might be taken to reverse them. I suggest three changes: better-funded local police forces, more trials to locally selected juries, and more vaguely defined crimes (to give those juries opportunities to exercise judgment). Those changes would make urban criminal justice more democratic, more lenient — and more egalitarian.
-- Abstract, p. 1979

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Disenfranchisement

Jennifer Rae Taylor, Constitutionally Unprotected: Prison Slavery, Felon Disenfranchisement, and the Criminal Exception to Citizenship Rights,47 Gonz. L. Rev. 365 (2011)

The disenfranchisement and enslavement of American citizens derives its constitutional legality under the criminal exceptions to the Thirteenth and Fourteenth Amendments. This fact has largely shielded the policies from widespread public
disapproval and obscured their racial roots. -- p. 391

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Gangs

Charles Hamilton Houston Institute for Race & Justice, No More Children Left Behind Bars A Briefing on Youth Gang Violence and Juvenile Crime Prevention (March 6, 2008).

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History

Paul Butler, One Hundred Years of Race and Crime, 100 J. Crim. L. & Criminology 1043 (2010), HeinOnline

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Incarceration

James Forman, Jr., Why Care About Mass Incarceration?, 108 Mich. L. Rev. 993 ( 2010) (reviewing Paul Butler, Let's Get Free: A Hip-Hop Theory of Justice (2009))

Jacqueline Johnson, Mass Incarceration: A Contemporary Mechanism of Racialization in the United States, 47 Gonz. L. Rev. 301 (2011)

Mass incarceration dominates the social and economic context of life for millions of African Americans, and continues a historical pattern of structural disadvantage that is defined by race. This article examines the broader consequences of prison expansion by focusing on its contribution to contemporary racial ideologies and structures of economic disadvantage. While other scholars have argued that ideological beliefs about African American criminality have facilitated their disproportionately high rates of imprisonment, this article argues that ideological beliefs about race are also informed by African American men’s disproportionately high rates of incarceration. Mass incarceration produces structures of disadvantage, as economic disparities are magnified along racial lines long after ex-inmates are released. Ultimately, this article develops the idea that mass incarceration operates as a contemporary mechanism of racialization—a structure for continuing social stigma and economic marginalization by race—and illustrates this point by examining the impact of incarceration stigma on labor market exclusion.

Pew Center on the States, One in 100: Behind Bars in America 2008 (2008)

Pew Center on the States, One in 31: The Long Reach of American Corrections (2009). Errata sheet.

The escalation of the prison population has been astonishing, but it hasn’t been the largest area of growth in the criminal justice system. That would be probation and parole—the sentenced offenders who are not behind bars. -- p. 1
Looking at the numbers through the lenses of race and gender reveals stark differences. Black adults are four times as likely as whites and nearly 2.5 times as likely as Hispanics to be under correctional control. One in 11 black adults — 9.2 percent—was under correctional supervision at year end 2007. And although the number of female offenders continues to grow, men of all races are under correctional control at a rate five times that of women. -- p. 5

Pew Center on the States, Prison Count 2010: State Population Declines for the First Time in 38 Years (2010). Washington was one of the states whose prison population went up -- 1.7%

Pew Center on the States, Collateral Costs: Incarceration's Effect on Economic Mobility (2010)

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Investigation

American Civil Liberties Union of Northern California Foundation, The California DWB Report: A Report from the Highways, Trenches and Halls of Power in California (2002)

Ricardo J. Bascuas, Fourth Amendment Lessons from the Highway and the Subway: A Principles Approach to Suspicionless Searches, 38 Rutgers L.J. 719 (2007)

Taki V. Flevaris and Ellie F. Chapman, Cross-Racial Misidentification: A Call to Action in Washington State and Beyond, 38 Seattle U. L. Rev. 861 (2015).

Research indicates eyewitness identifications are incorrect approximately one-third of the time in criminal investigations. For years, this phenomenon has significantly contributed to wrongful convictions all over the country, including in Washington State. But jurors, attorneys, and police remain unaware of the nature and extent of the problem and continue to give undue weight to eyewitness evidence. Experts have estimated that approximately 5,000–10,000 felony convictions in the United States each year are wrongful, and research suggests that approximately 75% of wrongful convictions involve eyewitness misidentification. The phenomenon of eyewitness misidentification is also amplified and most troublesome in the context of cross-racial identification—when a witness identifies someone of another race. Experimental research suggests that an eyewitness trying to identify a stranger is over 50% more likely to make a misidentification when the stranger and eyewitness are of different races. Consistent with this finding, approximately one-third of wrongful convictions uncovered by DNA analysis nationwide have involved whites misidentifying blacks. For these reasons, this Article focuses on cross-racial misidentification, and discusses the nature and extent of the problem and potential tools for addressing it; however, this Article’s reasoning applies in large part to eyewitness misidentification in general. The Washington State Supreme Court had two recent opportunities to address the issue of cross-racial misidentification in State v. Cheatam and State v. Allen. These cases establish that Washington State trial courts have broad discretion to permit expert testimony and jury instruction on cross-racial misidentification when relevant. In light of this precedent, this Article proposes that Washington State trial courts begin exercising their broad discretion regularly to admit such testimony and instruction whenever relevant as an initial step toward preventing wrongful convictions and improving our criminal justice system. Going forward, additional education and reform efforts will be needed to solve this ongoing problem.

Lenese C. Herbert, O.P.P.: How "Occupy's" Race-Based Privilege May Improve Fourth Amendment Jurisprudence for All, 35 Seattle U. L. Rev. 727 (2012)

This Article submits that Occupy’s race problem could, ironically, prove to be a solution if protesters grow more serious about exposing the injury of political subordination and systems of privilege that adhere to the criminal justice system. Privilege is a “systemic conferral of benefit and advantage [as a result of] affiliation, conscious or not and chosen or not, to the dominant side of a power system.” Accordingly, now that police mistreatment affects them personally, Occupy may finally help kill a fictitious Fourth Amendment jurisprudence that ignores oppression through improper policing based on racial stigma. Occupy may also help usher in an era in which courts are free(er) to produce a more legitimate jurisprudence regarding police conduct that inspires greater confidence in reality-based adjudications of modern (albeit longstanding) police misconduct, irrespective of race, as the current “[s]ystems of privilege maintain hierarchies of inequality, adversely impacting the possibility of full societal participation.”

Tracy Maclin, Black and Blue Encounters -- Some Preliminary Thoughts About Fourth Amendment Seizures: Should Race Matter?, 26 Val. U. L. Rev. 249 (1991)

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Judges

David S. Abrams, Marianne Bertrand & Sendhil Mullainathan, Do Judges Vary in Their Treatment of Race? (Univ. of Pa. Law Sch. Inst. for Law & Econ. Research Paper No. 11-07), available at http://ssrn.com/abstract=1800840, J. Legal Studies (forthcoming). Study of felony cases in Cook County, IL, finds that, controlling for many factors, black defendants are more likely to be incarcerated than similarly situated white defendants. Part II (pp. 5-8) is a literature review.

Theodore Eisenberg, Talia Fisher, & Issi Rosen-Zvi, Actual Versus Perceived Performance of Judges, 35 Seattle U. L. Rev. 695 (2012)

Perceptions of judges ought to be based on their performance. Yet, few studies of the relation between perceived and actual judicial performance exist. Those claiming judicial bias should be especially sensitive to the relation between perception and performance. Judges perceived by the public or by the legal community as disfavoring a group may be regarded as biased, but that perception is unfair if the judges’ votes in cases do not disfavor the group. For example, it may be unfair to accuse an appellate judge of pro-state bias in criminal cases if the judge votes for defendants at a higher rate than several other judges on the same court. This Article addresses whether perception matches reality.Part II of this Article provides background information about the Israeli judiciary. Part III presents survey results regarding the Israeli legal community’s perceptions of sixteen ISC justices’ tendencies in criminal cases. The survey asked respondents the degree to which they believe individual justices are favorable to the state or to defendants. Part IV compares the survey results with justices’ actual voting patterns in criminal cases. Part V explores the differences between perceptions reported in Part III and the reality reported in Part IV. Part VI concludes.

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Legislation

Jessica Erickson, Comment, Racial Impact Statements: Considering the Consequences of Racial Disproportionality in the Criminal Justice System, 89 Wash. L. Rev. 1425 (2014)

The American criminal justice system is currently suffering from a dramatic increase in mass incarceration and staggering rates of racial disproportionalities and disparities. Many facially neutral laws, policies, and practices within the criminal justice system have disproportionate impacts on minorities. Racial impact statements provide one potential method of addressing such disproportionalities. These proactive tools measure the projected impacts that new criminal justice laws and policies may have upon minorities, and provide this information to legislators before they decide whether to enact the law. Four states currently conduct racial impact statements, and other states are considering adopting their own versions. The triggering circumstances and methods of collecting racial impact data differ among states, resulting in a great variety of racial impact statements that are actually completed. This Comment reviews current racial impact statements and suggests three improvements for states that are considering adopting them. First, racial impact statements should attach automatically to legislation without the prompting of legislators’ votes. Second, states should consider developing more thorough data collection standards. Finally, more effective racial impact legislation should ensure that lawmakers address racial disproportionalities by requiring legislators to follow additional procedures when disproportionate racial impacts are projected.

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Prison Labor

Andrea C. Armstrong, Slavery Revisited in Penal Plantation Labor, 35 Seattle U. L. Rev. 869 (2012)

This Article argues that society must critically examine the types of labor we require our inmates to perform and prohibit the imposition of slavery, even when the enslaved is an inmate. Part II focuses on the text and history of Section 1 of the Thirteenth Amendment11 and argues that the Amendment’s exception allowing forced inmate labor is not as broad as it first appears. Part III examines the Eighth Amendment and how the imposition of slave status on inmates should be considered cruel and unusual punishment. Lastly, Part IV applies these concepts to the history and operation of one such penal plantation, Louisiana State Penitentiary. This Article concludes by cautioning legislatures and prison wardens to be more cognizant of the inherent harms in selecting certain types of labor for inmates and will hopefully spark a broader public discussion on when inmate labor may be another form of slavery.

Jennifer Rae Taylor, Constitutionally Unprotected: Prison Slavery, Felon Disenfranchisement, and the Criminal Exception to Citizenship Rights,47 Gonz. L. Rev. 365 (2011)

The disenfranchisement and enslavement of American citizens derives its constitutional legality under the criminal exceptions to the Thirteenth and Fourteenth Amendments. This fact has largely shielded the policies from widespread public
disapproval and obscured their racial roots. -- p. 391

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Prosecution

Justin S. Murray, Re-Imagining Criminal Prosecution: Toward a Color-Conscious Professional Ethic for Prosecutors, 49 Am. Crim. L. Rev. (forthcoming 2012), available at http://ssrn.com/abstract=2018668.

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Racial Profiling

Sahar F. Aziz, Caught in a Preventive Dragnet: Selective Counterterrorism in a Post-9/11 America, 47 Gonz. L. Rev. 429 (2011)

This article focuses on three powerful components of the government’s counterterrorism preventive paradigm and the significant risks they pose to civil rights and civil liberties. Part I examines the adverse consequences of the
government’s use of religiosity as a proxy for terrorism. . . .
Part II demonstrates the government’s aggressive use of “material support” laws found in 18 U.S.C. §§ 2339A and B as a prosecutorial fallback against individuals that otherwise cannot be shown to have participated in terrorism. . .
Part III focuses on the most recent and troubling developments in the preventive paradigm—the racial subtext of homegrown terrorism as a “Muslims only” club.
-- pp. 434-35

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Remedies

Sahar Fathi, Race and Social Justice as a Budget Filter: The Solution to Racial Bias in the State Legislature? 47 Gonz. L. Rev. 531 (2011)

Part I of this article begins with a short explanation of institutional racism. It continues by tying racial bias and the legal system together through the historical implementation of laws and policies that benefit white individuals and act to the detriment of people of color. Part I also identifies legislation that has disproportionately impacted people of color (some of which was intended to do the opposite), and demonstrates disproportionalities in the prison system resulting from such legislation.
Part II of this article examines a handful of jurisdictions that have adopted racial impact statements. Part III looks at jurisdictions that have a high number of individuals in the corrections system and have chosen to reduce corrections budgets. Although available data is limited, the tentative results are surprising—a reduction in the corrections budget does not necessarily lead to an increase in crime. Thus, reducing correctional budgets and implementing less costly alternatives to prison may be both cheaper for states and more racially equitable. Racial impact statements can facilitate this process by enabling legislators, policymakers, and community members to engage in the thorough analysis needed to ensure budget cuts and other important fiscal decisions are appropriately made. -- p. 534

Brooks Holland, Race and Ambivalent Criminal Procedure Remedies, 47 Gonz. L. Rev. 341 (2011)

[C]ourts appear committed to remedying equal protection violations in criminal cases when the violation harms an “innocent” victim, such as a juror during jury selection. But, when the equal protection violation affects only the “guilty” criminal defendant, many courts revert to a position of ambivalence—not outright disregard, but mixed feelings of ambivalence contributing to notably hushed tones in criminal courts on the subject of race.5 This judicial ambivalence, I will suggest, may reflect judicial deference to misguided utilitarian and moral premises about the role of race in our criminal justice system.
This paper will propose that courts instead should commit to remedying all equal protection violations in criminal cases, consistent with the nature and gravity of this wrong. To illustrate, this paper will highlight the concurring opinion of Washington State Supreme Court Chief Justice Barbara Madsen in State v. Monday. In Monday, Chief Justice Madsen argued that “[r]egardless of the evidence of [a] defendant’s guilt, the injection of insidious discrimination . . . is so repugnant to the core principles of integrity and justice upon which a fundamentally fair criminal justice system must rest that only a new trial will remove its taint.” This paper concludes that only this approach properly will curb and sanction intentional discrimination in criminal cases, and ensure that the law engages the important and ongoing story of race in our criminal justice system. -- pp. 342-43 (footnotes omitted)

Jesse J. Norris, State Efforts to Reduce Racial Disparities in Criminal Justice: Empirical Analysis and Recommendations for Action, 47 Gonz. L. Rev. 493 (2011)

A number of states have begun high-level processes to analyze and reduce racial and ethnic disparities in the criminal justice system. This article provides a preliminary empirical evaluation of these efforts, focusing on both the governance and substantive content of the anti-disparities processes. Results indicate that these efforts are not governed in a systematic and transparent manner, and tend to ignore or neglect the most glaring causes of disparity and the most promising measures to reduce them. This article discusses how anti-disparities processes and concerned citizens can stimulate more vigorous and effective strategies to minimize racial disparities. -- p. 493

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Socio-Economic Factors in Criminal Justice

American Civil Liberties Union of Northern California & W. Haywood Burns Institute, Balancing the Scales of Justice: An Exploration into How Lack of Education, Employment, and Housing Opportunities Contribute to Disparities in the Criminal Justice System (2010). County profiles are in a separate supplement. For summary, see press release.

Open Society Institute, Moving Toward a More Integrative Approach to Justice Reform: Policy Report (Feb. 2008)

A defining characteristic of America’s criminal justice system is its disproportionate impact on the poor and people of color, particularly young men of color. Profound connections exist between what has been called a “cycle of incarceration” and such unaddressed social conditions as education, economic opportunity, housing, poverty, race, and health. This cycle of incarceration is fueled by criminal justice policies that emphasize incarceration over the kinds of human service interventions that address the individual, family, school, and environmental risk factors for delinquent or criminal behavior.
This report posits that in order to make real progress in breaking the cycle of incarceration, advocates, researchers, service providers, and academics need to break out of their disciplinary silos, share information, and develop collaborative approaches to abate the disproportionate numbers of the poor and people of color entering into and cycling through the criminal justice system. This report presents a vision of an integrative approach to justice reform – an approach that utilizes multi-disciplinary collaboration to share perspectives on the issues that fuel the cycle of incarceration, to promote public investments in effective intervention strategies, and to advance public safety by decreasing the likelihood that a person will engage in risky or criminal behavior, instead of building more prisons and jails. A more integrative approach to policymaking and resource allocation would help to ensure that the limited pool of available public resources are used most effectively to address the issues of poverty, race, economic opportunity, education, family, and housing inherent in the cycle of incarceration. -- p. 2

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Stereotypes and Bias

Anthony G. Greenwald & Linda Hamilton Krieger, Implicit Bias: Scientific Foundations, 94 Calif. L. Rev. 945 (2006), available on HeinOnline (commercial database). A prepublication draft that as submitted in Farrakhan v. Gregoire is here.

This Article introduces implicit bias--an aspect of the new science of unconscious mental processes that has substantial bearing on discrimination law. Theories of implicit bias contrast with the "naive" psychological conception of social behavior, which views human actors as being guided solely by their explicit beliefs and their conscious intentions to act. A belief is explicit if it is consciously endorsed. An intention to act is conscious if the actor is aware of taking an action for a particular reason. Of course, actors may dissemble and deny they are taking an action for a particular reason, so conscious intentions based on explicit beliefs may be hard to verify. But a deceitful actor is nevertheless capable of asserting the belief or identifying the intention that provides the basis for action, even when unwilling to do so. In contrast, the science of implicit cognition suggests that actors do not always have conscious, intentional control over the processes of social perception, impression formation, and judgment that motivate their actions. -- p. 946 (footnotes omitted)

Christian M. Halliburton, Race, Brain Science, and Critical Decision-Making in the Context of Constitutional Criminal Procedure, 47 Gonz. L. Rev. 319 (2011)

This article proceeds in three basic parts. Part I provides a brief survey of research depicting a connection between race and neurological functioning. While many features of this connection could be highlighted, Part I focuses on the role of emotion, trust determinations, and bias awareness as particularly salient aspects for purposes of police regulation. Part II turns to identify some of the common perceptual and decision-making scenarios with which the law of criminal procedure must deal. It is these situations where our neurological conditioning can be most influential and our neuroscientific insights can be most useful. Finally, Part III takes a brief look at the social and legal implications of the findings presented herein. It seeks to situate a race-meets-brain-science approach to thinking about criminal procedure within the larger discourse of race as a cultural construct. The article concludes by suggesting ways in which the law might be forced to conform to our new understandings. -- p. 322

Jon Hurwitz & Mark Peffley, Public Perceptions of Race and Crime: the Role of Racial Stereotypes, Am. J. Pol. Sci. 375 (1997) Implicit Racial Bias Across the Law (Justin D. Levinson & Roger J. Smith eds., 2012), available in libraries. Publisher's page.

Table of Contents:
1. Implicit racial bias: a social science overview Justin D. Levinson, Danielle M. Young and Laurie A. Rudman
2. Property law: implicit bias and the resilience of spatial color lines Michele Wilde Anderson and Victoria C. Plaut
3. Criminal law and procedure: coloring punishment: implicit social cognition and criminal justice Charles Ogletree, Robert J. Smith and Johanna Wald
4. Torts: implicit bias inspired torts Deana Pollard Sacks
5. Employment law: implicit bias in employment litigation Nancy Gertner and Melissa Hart
6. Health law: cognitive bias in medical decision making Michele Goodwin and Naomi Duke
7. Education law: unconscious racism and the conversation about the racial achievement gap Charles R. Lawrence, III
8. Communications law: bits of bias Jerry Kang
9. Corporations: biased corporate decision making? Justin D. Levinson
10. Tax law: implicit bias and the earned income tax credit Dorothy A. Brown
11. Intellectual property: implicit racial and gender bias in right of publicity cases and intellectual property law generally Danielle M. Conway
12. Environmental law: a tale of two neighborhoods: implicit bias and environmental decision making Rachel D. Godsil
13. Federal Indian law: implicit bias against native peoples as sovereigns Susan K. Serrano and Breann Swann Nu'uhiwa
14. Capital punishment: choosing life or death (implicitly) Robert J. Smith and G. Ben Cohen
15. Reparations law: redress bias? Eric K. Yamamoto and Michele Park Sonen.

Cynthia Lee, Making Race Salient: Trayvon Martin and Implicit Bias in a Not Yet Post-Racial Society, 91 N.C. L. Rev. (2013), HeinOnline

This Article uses the Trayvon Martin shooting to examine the operation of implicit racial bias in cases involving self-defense claims. Judges and juries are often unaware that implicit racial bias can influence their perceptions of threat, danger, and suspicion in cases involving minority defendants and victims. Failure to recognize the effects of implicit racial bias is especially problematic in cases involving black male victims and claims of self-defense because such bias can make the defendant's fear of the victim and his decision to use deadly force seem reasonable. The effects of implicit racial bias are particularly likely to operate under the radar screen in a society like ours that views itself as post-racial.
Recent social science research on race salience by Samuel Sommers and Phoebe Ellsworth suggests that individuals are more likely to overcome their implicit biases if race is made salient than if race is simply a background factor-known but not highlighted. Making race salient or calling attention to the relevance of race in a given situation encourages individuals to suppress what would otherwise be automatic, stereotypic congruent responses in favor of acting in a more egalitarian manner. In the Trayvon Martin case, race was made salient by the huge public outcry over the Sanford Police Department's failure to arrest George Zimmerman and accusations of racial profiling, which received extensive media coverage. Most criminal cases, however, do not receive the kind of media attention received in the Trayvon Martin case. In most criminal cases involving a minority defendant or victim, race is a background factor but is not something either party tries to highlight. The parties may think race is not relevant, or they may fear that if they call attention to race, they will be accused of playing the race card. Race, however, often is relevant to questions about the reasonableness of fear, and calling attention to race may be the best way to defuse the adverse effects of implicit racial bias.
Building on these insights, this Article suggests that in the run-of- the-mill case, when an individual claims he shot a young black male in self-defense, the police, the prosecutor, the judge, and the jury are likely to find reasonable the individual's claim that he felt he was being threatened by the young Black male unless mechanisms are in place to make the operation of racial stereotypes in the creation of fear salient. The Article concludes with some suggestions as to how prosecutors and defense attorneys concerned about the operation of implicit racial bias can make race salient in the criminal courtroom.

Andrea D. Lyon, Race Bias and the Importance of Consciousness for Criminal Defense Attorneys, 35 Seattle U. L. Rev. 755 (2012)

This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.

Mark Peffley, Jon Hurwitz & Paul Sniderman, Racial Stereotypes and Whites' Political Views of Blacks in the Context of Welfare and Crime, 41 Am. J. Pol. Sci. 30 (1997)

Robert J. Smith & Justin D. Levinson, The Impact of Implicit Racial Bias on the Exercise of Prosecutorial Discretion, 35 Seattle U. L. Rev. 795 (2012)

The Article is organized as follows: Part II provides an introduction to implicit bias research, orienting readers to the important aspects of implicit bias most relevant to prosecutorial discretion. Part III begins the examination of implicit bias in the daily decisions of prosecutors. The Part presents key prosecutorial discretion points and specifically connects each of them to implicit bias. Part IV recognizes that, despite compelling proof of implicit bias in a range of domains, there is no direct empirical proof of implicit bias in prosecutorial decision-making. It thus calls for an implicit bias research agenda designed to further examine how and when implicit bias affects prosecutorial decision-making, including studies designed to test ways of reducing the harms of these biases. It then begins a necessarily early look at potential remedies for the harms associated with implicit bias in prosecutorial discretion.

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Blogs and Other Current Awareness Tools

6and44 - Blog created by a group of graduate students from Seattle University's Albers School of Business. They explain the name: "African American men make up 6% of the United States population, but 44% of the population in U.S. federal and state penitentiaries. This needs to change."

Race & Crime - Blog by Prof. Paul Butler (George Washington University).

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Multimedia

Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, has given a lot of lectures and interviews, many available on the Web.

  • Is There Racial Bias in Our Criminal Justice System? (two-minute overview)
  • Alexander's presentation at the University of Washington School of Law April 13, 2010
  • Michelle Alexander appearances on Democracy Now!
  • Broken on All Sides. New (May 2012) documentary. Website includes 5-min. preview.

    Illegal Racial Discrimination in Jury Selection: A Continuing Legacy. Three-minute video from Equal Justice Initiative.

    Juror Number Six (2008). Short documentary (free on Web) explores the media, race, and the criminal justice system. Dozens of clips from television news, drama, and reality programs vividly illustrate how media shapes our perceptions (and jurors' perceptions) of crime and criminals. Crime has been going down, and yet crime is portrayed much, much more. Crime dramas give the false impression that people of color are well-represented in positions of power in the criminal justice.

    McCleskey (2011). Documentary about McCleskey v. Georgia. See above.

    New Frontiers in Race and Criminal Justice. Conference presented by New York University's Center for the Administration of Criminal Justice April 17, 2012.  Keynote address by Michelle Alexander plus three panels.

    Charles Ogletree, author of The Presumption of Guilt: The Arrest of Henry Louis Gates, Jr. and Race, Class and Crime in America (2010), interview on Democracy Now! June 30, 2010 Race and Criminal Justice (July 6, 2010). Aspen Institute panel with Charles Ogletree, Kasim Reed, and Kamala Harris discussing race and the criminal justice system with Jeff Rosen.

    Race and Justice (March 29, 2010). One-hour panel at Howard Law School with Paul Butler (George Washington University School of Law, former prosecutor) and Kurt Schmoke (former Baltimore mayor).

    Race and the American Criminal Justice System (June 29, 2009). One-hour panel discussion at the Aspen Institute. Panelists: Justice Sandra Day O'Connor, Bishop T.D. Jakes (The Potter's House, Dallas), Charles Ogletree (Harvard Law School). Moderator: Linda Wertheimer.

    Race to Execution. Documentary about race and capital punishment. Information here. The Right Focus on . . . Crime, Race, and Justice (Dec. 2006). Program produced by Minnesota Dept. of Human Rights, available as video or audio, "examined why African Americans make up about four percent of our state’s population, but 32 percent of our prison population; why Minnesota’s black-to-white prison ratio is the 12th highest in the nation; and why African Americans in Minnesota are 15 times more likely to be arrested for low-level offenses like loitering, or traffic offenses." Discusses finding of a study by the Council on Crime and Justice.

    We Need to Talk About an Injustice. TED Talk (March 2012) by Prof. Bryan Stephenson who teaches at NYU and also serves at the executive director of the Equal Justice Initiative, which he founded.

    What Color is Justice: Racial Disparities in the Criminal Process. 90-minute panel discussion from Ninth Judicial Conference, Aug. 15, 2012. Speakers:

    • Former district judge Nancy Gertner, who now teaches at Harvard Law School (moderator).

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    Blogs & RSS Feeds

    Updated March 19, 2015
    Prepared by Mary Whisner.

    Introduction

    Law-related blogs (a/k/a "blawgs") can be good sources for news and quick analysis. A post could give you an idea for a paper topic or help you think about a topic you already have. Blog posts often cite or link to other useful material (e.g., law review articles, reports). Writing blog posts or commenting on others' posts can involve you in a community discussion.

    The feeds you watch can be as diverse as you are. There are thousands of law-related blogs – and when you add in political blogs, news services, sports, and the rest of the world, the possibilities are tremendous.

    Here is a short video from Josh King, General Counsel of Avvo.com: How to Get Started Finding and Following Blogs (Nov. 1, 2012). (There's also a transcript if you'd rather read than watch the video.) And here is a PowerPoint presentation from a presentation to UW Law faculty, The Buzz About Blogs (March 2008).


    Directories of Legal Blogs

    ABA Journal's Blawg Directory.

    Blawg is an extensive directory of legal blogs. It is searchable and can also be browsed by category. Blogs are ranked by popularity. A search feature ("Search the blawgosphere") enables you to search blog posts. Every blog listing has an RSS feed, which makes subscribing convenient.

    BlawgSearch is another directory of legal blogs. As the name suggests, it makes searching blog posts easy.

    Avvo.com's Top Legal Blogs ranks blogs based on traffic (using Alexa ranking).

    MyHQ Blawgs lists several hundred blogs, generally arranged by author (lawyers, law professors, law students, law librarians).


    Washington Blogs

    See the Gallagher guide on Law-Related Blogs in Washington State.


    Search Engines for Legal Blogs

    BlawgSearch enables you to search posts from all the blogs in its directory.

    Cornell University Law Library's Legal Research Engine enables you to search academic blawgs.


    Reviews & Digests of Legal Blogs

    The ABA Journal released its first ABA Journal Blawg 100 in its December 2007 issue. The latest list is here.

    Inter Alia's blog features a Blawg of the Day. The author, Tom Mighell, also has an e-newsletter, the Internet Legal Research Weekly, which includes the Blawgs of the Day and more.

    Blawg Review. Each week in this "blog carnival" a different editor highlighted blawgs and posts, generally on a theme. For example, in August 2006, Ernest Svenson, who blogs as Ernie the Attorney, offered his picks for "writing, learning & teaching law," among other things in Blawg Review #72; George Lenard of George's Employment Blog, wrote Blawg Review #124; Labor Day Special Historical Edition. The latest post is from July 2012, but there are still over 300 reviews to browse.

    Dennis Kennedy gives Blawggies to the blawgs he deems best in different categories.

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    Feed Readers

    A feed reader (a/k/a news aggregator, RSS reader) can help you follow blogs and other sources that a regularly updated.

    A great video explaining the concept is RSS in Plain English, The Common Craft Show, April 23, 2007.

    There are a bunch of readers, including Feedly, Bloglines, Feedreader and MyYahoo.Google Reader was popular with many users but it will not be available after July 1, 2013. See Christina Warren, Check out These Google Reader Alternatives, Mashable, March 13, 2013; David Pogue, Google’s Aggregator Gives Way to an Heir, N.Y. Times, May 8, 2013 (reviewing Feedly).

    Live Bookmarks is a feed reader that is part of the Firefox browser. If you use Firefox as your browser, subscribing to a feed can be as easy as checking a box.

     

    Live Bookmarks clip

     

    Microsoft Outlook, which you might already use for your email and calendar, has an RSS reader built in. See Subscribe to an RSS Feed. RSS list in Outlook
    The lists of blog posts look like email messages in folders. Lists of posts in Outlook

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    News Feeds

    Feeds with Legal News

    Jurist Paper Chase – news stories reported from wire services and other sources by University of Pittsburgh law students.

    Law.com feeds – news stories from Legal Times, the Recorder, the New York Law Journal, and more.

    Feeds with News

    Check almost any newspaper’s website. You can often subscribe to stories from a given section (e.g., front page, sports) or columnist.

    For example, at the bottom of the Washington Post's main page, you'll find this:
    If you follow that link, you'll get a menu of different feeds you can subscribe to:

     

     

    At the bottom of the Seattle Times's main page, you'll find this:
    And that leads to this menu:

     

    When you choose the feed you want, you can paste its URL into your feed reader.

    Note: These screen shots were made a couple of years ago. The newspapers may have reorganized their sites, but the idea remains the same: look for RSS feeds and subscribe.

    Also, many government agencies have RSS feeds for press releases and other information. For instance, the Washington Attorney General’s Office has feeds for press releases, Attorney General Opinions, and more.

    FirstGov has a page listing federal government feeds.

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    Twitter

     

    Many bloggers also use Twitter; following their Twitter feeds can lead you to interesting blog posts.

    For example, in the upper right corner of the Legal Scholarship Blog, you'll find a link to follow the blog on Twitter (as well as a link to follow it using RSS):

    Twitter link from LSB

    In Twitter you'll see a brief excerpt from a post. If you're interested, click through. If not, keep skimming your Twitter feed. Twitter snip from LSB

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    Do You Want to Blog?

    To get started, you need some software (most is reasonably easy to learn if you're used to word processing) and a host. Free hosts include Blogger (blogs with URLs ending in blogspot.com) and WordPress. Another provider (not free, but affordable) is TypePad.

    You can also use a consultant who will design the blog for you -- for instance, LexBlog (based in Seattle) specializes in designing blogs for lawyers. Whether or not you use LexBlog, the company's own blog (Real Lawyers Have Blogs) is packed with tips about blogging for lawyers.

    How to Be a Great Legal Blogger, Oct. 25, 2012, is a free webinar (52 minutes) from Josh King (General Counsel of Avvo.com). See also his webinar, Blogging for Lawyers: Legal & Ethical Considerations, April 18, 2013. Thoughtful comments about blogging: Ryan McClead, The Secret to Writing a Great Blog Post That Gets Lots of Comments, 3 Geeks and Law Blog, Nov. 7, 2013.

    What should you think about before you get started? Here are some good tips from a veteran (the author of Legal Andrew): Starting a New Blog? WAIT!

    You might want to think about how you track users and what you disclose. See Derek T. Muller, Ranking Law Prof Blogs by Digital Privacy, Excess of Democracy (Jan. 7, 2014).

    I wrote about my experience starting Trial Ad Notes in A Blog's Life (2006). Here are blogs I contribute to:

    • Gallagher Blogs - research tips and information from the Gallagher Law Library
    • Legal Scholarship Blog - information about law-related conferences, lectures, colloquia, and calls for papers.

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    Blogs & the Academy

    Many faculty and students find that blogging is a good way to communicate about their interests. They also find focusing their attention on a new case or news item and writing a blog post helps them remember what they read.

    Remember that you can set up a blog to be available to the world, to a limited list of readers, or just yourself.

    For an excellent overview of academic blogging, see Patrick Dunleavy, Shorter, Better, Faster, Free, Writing for Research, Sept. 11, 2014.

    Student blogs

    • The good news is that a well-written, intelligent blog (or thoughtful posts on others' blogs) can get you positive attention and maybe even help in your job search.
    • The bad news is that you can create a bad impression too. If you plan to use your blog to rag on your classmates, professors, judges, etc., consider blogging anonymously or restricting access to your blog to only an invited few. Remember that the Web is very public and what you write can be read (and forwarded) by all manner of people.

    Law professor blogs

    Below are papers from Symposium at Harvard's Berkman Center for Internet & Society - Bloggership: How Blogs are Transforming Legal Scholarship (Note: HeinOnline links are UW-restricted. SSRN offers free downloads; many of the papers on SSRN are working papers, pre-publication.)

    I. Law Blogs As Legal Scholarship

    • Paul L. Caron, Are Scholars Better Bloggers?, 84 Wash. U.L. Rev. 1025 (2006), available at SSRN and HeinOnline
    • Douglas A. Berman, Scholarship in Action: The Power, Possibilities, and Pitfalls for Law Professor Blogs, 84 Wash. U.L. Rev. 1043 (2006), available at SSRN and HeinOnline
    • Kate Litvak, Blog as a Bugged Water Cooler, 84 Wash. U.L. Rev. 1061 (2006), available at SSRN and HeinOnline
    • Lawrence B. Solum, Blogging and the Transformation of Legal Scholarship, 84 Wash. U.L. Rev. 1071 (2006), available at SSRN and HeinOnline
    • Eugene Volokh, Scholarship, Blogging, and Tradeoffs: On Discovering, Disseminating, and Doing, 84 Wash. U.L. Rev. 1089 (2006), available at SSRN and HeinOnline
    • Paul Butler, Blogging at Blackprof, 84 Wash. U.L. Rev. 1101 (2006), available at HeinOnline
    • James Lindgren, Is Blogging Scholarship? Why Do You Want to Know?, 84 Wash. U.L. Rev. 1105 (2006), available at HeinOnline
    • Ellen S. Podgor, Blogs and the Promotion and Tenure Letter, 84 Wash. U.L. Rev. 1109 (2006), available at HeinOnline

    II. The Role of the Law Professor Blogger

    • Gail Heriot, Are Modern Bloggers following in the Footsteps of Publius (and Other Musings on Blogging by Legal Scholars...), 84 Wash. U.L. Rev. 1113 (2006), available at SSRN and HeinOnline
    • Orin S. Kerr, Blogs and the Legal Academy, 84 Wash. U.L. Rev. 1127 (2006), available at SSRN and HeinOnline
    • D. Gordon Smith, A Case Study in Bloggership, 84 Wash. U.L. Rev. 1135 (2006), available at SSRN and HeinOnline
    • Randy E. Barnett, Caveat Blogger: Blogging and the Flight from Scholarship, 84 Wash. U.L. Rev. 1145 (2006), available at HeinOnline
    • A. Michael Froomkin, The Plural of Anecdote Is Blog, 84 Wash. U.L. Rev. 1149 (2006), available at HeinOnline

    III. Law Blogs and the First Amendment

    IV. The Many Faces of Law Professor Blogs

    • Larry E. Ribstein, The Public Face of Scholarship, 84 Wash. U.L. Rev. 1201 (2006), available at SSRN and HeinOnline
    • Ann Althouse, Why a Narrowly Defined Legal Scholarship Blog Is Not What I Want: An Argument in Pseudo-Blog Form, 84 Wash. U.L. Rev. 1221 (2006), available at SSRN and HeinOnline
    • Christine Hurt & Tung Yin, Blogging While Untenured and Other Extreme Sports, 84 Wash. U.L. Rev. 1235 (2006), available at SSRN and HeinOnline
    • Howard J. Bashman, The Battle over the Soul of Law Professor Blogs, 84 Wash. U.L. Rev. 1257 (2006), available at HeinOnline

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    Legal Issues of Blogging

    Electronic Frontier Foundation, Legal Guide for Bloggers

    Berkman Center for Internet Law & Society, Citizen Media Law Project's Legal Guide

    Knight Citizen News Network, Top 10 Rules for Limiting Legal Risk (includes video segments)

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    Related Guides

    Law-Related Blogs in Washington State

    Resources for Staying Current

    Resources for Staying Current: Cases

    Resources for Staying Current: Legislation & Government Agencies

    Resources for Staying Current: News

    Resources for Staying Current: Scholarship
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    Bluebook 101

    THE CURRENT VERSION OF THIS GUIDE IS AVAILABLE HERE. Please update your links.

    Law-Related Blogs in Washington State

    Please visit: http://guides.lib.uw.edu/law/walawblogs

    Updated June 14, 2016
    Prepared by Mary Whisner.

    This guide lists law-related blogs in Washington State. Do you have a law-related blog you would like listed? Send me a note.

    For more about blogs and blogging, see Blogs & RSS Feeds.


    Academic Law (Legal Education)

    Best Practices for Legal Education (a blog about reforms in legal education; one of the contributors is University of Washington Law Professor Deborah Maranville)

    Dean Spade blog (by Seattle University law professor Dean Spade)

    Legal Scholarship Blog (information about law-related conferences, colloquia, and calls for papers, plus resources for law faculty, by the University of Washington Gallagher Law Library, the Ohio State University Moritz College of Law, and the University of Pittsburgh School of Law)

    Ziff Blog ("A blog formerly about Washington law, now about everything, with a focus on civil litigation and recent cases," by Prof. David Ziff, University of Washington)t

    Access to Justice, Pro Bono Law, and Public Interest Law

     

    Access to Justice Institute (Seattle University School of Law Access to Justice Institute)

    Alliance for Social Justice (student organization at Gonzaga University School of Law. "Mission: To create innovative and sustainable relationships between GU law students and attorneys, community organizations, faculty and student orgs who work on behalf of low-income and under-represented clients")

    Blog (from the ACLU of Washington)

    Common Good ("public service law news, events, trainings, jobs, and opportunities at UW Law," from the Center for Public Service Law at the University of Washington School of Law)

    Economic Justice Blog (from Washington Community Action Network)

    Northwest Justice Project News Feed

    Pro Bono Dicta (King County Bar Association PBS Volunteers)

    Pro Bono Junkie's Blog (University of Washington Professor Sean O'Connor is an occasional contributor to this national blog from the Taproot Foundation)

    Speaking of Women's Rights (from Legal Voice, an advocacy group in the Northwest that "make[s] substantive, lasting changes through legislation, self-help resources and litigation with a far-reaching public impact")

     

    Animal Law

    EcoStar Law Blog ("Exploring the evolution of animal law and its implication for the planet," by Seattle lawyer Jean-Pierre Ruiz)

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    Bankruptcy Law

    LHS & E Blog (from Lasher Holzapfel Sperry & Ebberson, "articles address a wide range of issues that are faced by our individual, family and privately-held business clients"; topics include bankruptcy and creditors' rights, corporate and business law, estate planning, and litigation)

    Seattle Legal Blog (from Andrew O. Carrington, who practices in a variety of areas, including bankruptcy, personal injury, and estate planning; as of Aug. 2010, blog has only a few posts). Same content available here.

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    Business Law

    Corporate Finance Law Blog (from Davis Wright Tremaine LLP)

    Drake's PlainTalk Planning ("Perspectives on the Big Four—Money, Taxes, Smart Planning, Washington," from University of Washington Law Professor Dwight Drake)

    Family-Owned Business Blog (from the family-owned business group of Ater Wynne LLP, a firm with offices in Portland, Seattle, Menlo Park, and Salt Lake City)

    Financial Services Litigation Monitor ("Financial Services Litigation & Investigations Updates & Insights," from Perkins Coie)

    Gary Marshall's Law Bog (Aimed at socially conscious business entrepreneurs, this blog by Seattle attorney Gary Marshall, discusses issues involving law, business, the Internet, society, and social responsibility.)

    GreenTech ("A blog about the new green economy," from Graham & Dunn's Green Technology group)

    Hospitality Law Blog ("legal issues of interest to the hospitality industry," from Stuart Campbell and Joe Wallin of Davis Wright Tremaine LLP)

    LHS & E Blog (from Lasher Holzapfel Sperry & Ebberson, "articles address a wide range of issues that are faced by our individual, family and privately-held business clients"; topics include bankruptcy and creditors' rights, corporate and business law, estate planning, and litigation)

    LLC Law Monitor ("insight and commentary on the law of limited liability companies," from Stoel Rives LLP)

    The Means of Innovation ("a blog about law, creativity, commerce, and entrepreneurship," by UW Law professor Sean O'Connor, with attorneys Brian Endter and Patrick J. Franke, sponsored by Graham & Dunn PC and the University of Washington School of Law)

    Northwest Business Litigation Blog (from the litigation group of Ater Wynne LLP, a firm with offices in Portland, Seattle, Menlo Park, and Salt Lake City)

    Northwest Small Business Law Blog ("links, news articles, and original content regarding small business law in Oregon and Washington," from John C. Davis, in Vancouver, WA)

    The Pivotal Blog (from lawyers in the Pivotal Law Group, a firm with a broad practice, including personal injury, business, and tax)

    Renewable + LawSM ("The climate policy, renewable energy, and sustainability blog" from Stoel Rives LLP)

    Seattle Business Attorney ("business law blog for Seattle area businesses" by Collin Roberts, Weitz Law Firm PLLC)

    Startup Law Blog ("insight for founders of and investors in emerging and startup companies," from Davis Wright Tremaine LLP)

    Travel Law Blog ("legal issues and insight concerning the hospitality industry" -- including beverage law -- from Seattle attorney Chris Sander)

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    Civil Rights and Civil Liberties

    Blog (from the ACLU of Washington)

    Economic Justice Blog (from Washington Community Action Network)

    Legal Rights 101 ("the civil rights and employment law blog," by Ada Ko Wong, of the Premier Law Group)

    Pro Bono Dicta (King County Bar Association PBS Volunteers)

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    Communications Law

    Broadband Law Advisor ("insight and information on the FCC's National Broadband Plan" from Davis Wright Tremaine LLP)

    Broadcast Law Blog (from Davis Wright Tremaine LLP)

    TMT Law Watch ("a blog covering the business, legal, and policy developments affecting the telecom, media, and technology sector," from K&L Gates)

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    Construction Law

    See also Real Estate.

    Ahead of Schedule ("development, design and construction law blog," from Stoel Rives LLP)

    Articles & News (formerly Real Estate - Construction - Lien Law Blog) (by Levy, Von Beck & Associates, P.S., in Seattle)

    The Builders Counsel Blog (from attorney Douglas S. Reiser, who is also a LEED Accredited Professional)

    Chinese Drywall Blog (legal issues related to drywall contaminated with sulfuric acid that was imported between 2001 and 2008, by Wolfe Law Group, which has offices in Seattle and New Orleans)

    Construction Law Blog (by Ahlers & Cressman PLLC, Seattle)

    Construction Law Monitor ("insight and commentary on construction law issues in Washington and Louisiana," by Wolfe Law Group, which has offices in Seattle and New Orleans)

    From the Ground Up ("Land Use, Real Estate, Construction & Environmental Law Blog" from Miller Nash LLP)

    GreenTech ("A blog about the new green economy," from Graham & Dunn's Green Technology group)

    Groundbreaking Law ("construction & design industry legal commentary," from Perkins Coie LLP)

    Real Property & Development Review (from Davis Wright Tremaine LLP; includes sections on Construction Law, Environmental Law, Land Use, and Real Estate)

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    Consumer Law

    All Consuming (consumer law tips for the public from the Washington State Office of the Attorney General)

    Privacy and Security Law Blog ("insight on privacy issues affecting consumers" by Davis Wright Tremaine LLP)

    Seattle Plaintiff Lawyer (by Andrew N. Ackley, whose "practice focuses on motor vehicle collisions, civil rights, defective products, and consumer protection")

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    Criminal Law

    6and44 (created by a group of graduate students from Seattle University's Albers School of Business. "African American men make up 6% of the United States population, but 44% of the population in U.S. federal and state penitentiaries. This needs to change.")

    Arbitrary and Capricious (news and observations by an anonymous public defender)

    Cannabis Defense Coalition Blog (from "a nonprofit member cooperative focused on marijuana activism in Washington State")

    Criminal Defense Law with an Apple (just what the name says, by Aaron A. Pelley, Pelley Law Group, PLLC)

    CrimProf Blog (by a group of law professors; Prof. Brooks R. Holland from Gonzaga is a contributing editor)

    Graham Lawyer Blog (a blog "about the work of criminal defense law in North Eastern Washington," by Steve Graham of Republic)

    How to Fight Your Washington DUI (by Seattle lawyer Mindy Carr)

    Injustice Anywhere . . . (". . . is a threat to justice everywhere. I used to be a public defender in Texas. Now, I'm a public defender in Washington. Despite what you may have heard about Texas justice, there's just as much injustice here as there was there. And so I fight. And I rant. About justice, injustice, and life in general.")

    Injustice in Seattle ("This site is devoted to reporting cases of police misconduct and detainee abuse in Seattle, Washington. If you or someone you know has witnessed abuse or has been abused, please let us know.")

    Lights & Sirens ("breaking news, updates on on-going investigations and insights into other news from the local criminal justice community," from the News Tribune (Tacoma))

    Seattle 911: A Police and Crime Blog ("the latest in crime news as well as the news of crimes of the weird," from seattlepi.com)

    A Seattle Defense Attorney Writes (by Bob Goldsmith; also known as Criminal Case Question) (blog also available here, on seattlepi.com)

    Seattle DUI Attorney Blog ("Ramblings and musings of a Seattle DUI attorney," Christopher Small)

    Shades of Blue (Adam Eisenberg's companion blog to his book, A Different Shade of Blue, about women in police work)

    SPD Blotter (crime news from the Seattle Police Department Public Affairs Office)

    Washington Cannabis Law ("a source of information," from attorney Rachel Kurtz)

    WA Legal Blog (from Law Offices of Joseph Rome)

    Washington Traffic Law Blog (formerly Washington Speeding Ticket Blog) (by Seattle attorney Jon M. Zimmerman)

    Washington State Criminal Defense (by Aaron A. Pelley, Pelley Law Group, PLLC)

    Washington State DUI Blog ("provides current unbiased facts regarding any aspect of Driving Under the Influence (DUI) in the State of Washington. We hope to generate awareness and caution." By Garth O'Brien.)

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    Education Law

    Northwest Education Law Blog (by Lisa Williams, Michael White and Todd Sorensen – all members of the Education Law Practice Team at Williams Kastner)

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    Employment Law

    See also Women's Rights.

    Boom: The ERISA Law Blog (by D. Michael Reilly of Lane Powell)

    Employee Handbooks ("an ongoing discussion of the critical importance of having, and effectively using, employee handbooks and workplace policies," by D. Jill Pugh, a solo practitioner in Seattle)

    Employment Advisory ("employment law observations for employers and employees in Washington State" by Rod Stephens, a solo practitioner in Sumner)

    Employment Law Blog ("a general discussion of the laws affecting the workplace from both the perspective of the small business owner and that of the individual employee," by D. Jill Pugh, a solo practitioner in Seattle)

    Employment Law Update (from Ogden Murphy Wallace PLLC, Seattle and Wenatchee)

    ERISA on the Web (ERISA and disability law benefits, by the Wood Law Firm)

    Legal Rights 101 ("the civil rights and employment law blog," by Ada Ko Wong, of the Premier Law Group)

    Reed Longyear blog (from Reed Longyear Malnati & Ahrens, PLLC, in Seattle)

    Seattle Coalition for a Healthy Workforce (group made up of over 70 organizations advocating paid sick and safe days for employees)

    Seattle Plaintiff Lawyer (by Andrew N. Ackley, whose "practice focuses on motor vehicle collisions, civil rights, defective products, and consumer protection")

    Stoel Rives World of Employment ("insight and commentary on labor and employment law," from Stoel Rives LLP)

    Washington Labor, Employment & Employee Benefits Blog ("current events in labor, employment, and employee benefits law in Seattle, Washington, and across the United States," by Donald W. Heyrich, a solo practitioner in Seattle)

    Washington Workers' Compensation Law Blog ("insights and commentary on labor and industries (L&I) law in Washington State," from the Sharpe Law Firm, Seattle)

    Washington Workplace Law (from Foster Pepper PLLC)

    Workers Compensation (information about Washington workers compensation and Social Security disability claims, from the Tacoma firm of Welch & Condon)

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    Environmental Law

    Climate Change Report ("covering business opportunities and legal issues impacted by awareness of climate change -- aimed at both traditional and innovative tech companies, as well as the public sector," from K&L Gates)

    Environmental Law in Washington State (by Paul Hirsch in Manchester)

    Field Focus Blog ("expert insight on the issues surrounding international development and land rights," from Landesa Rural Development Institute, a non-governmental organization based in Seattle)

    From the Ground Up ("Land Use, Real Estate, Construction & Environmental Law Blog" from Miller Nash LLP)

    GreenTech ("A blog about the new green economy," from Graham & Dunn's Green Technology group)

    Growth Management, Washington's Way (by Brock Howell, a sole practitioner in Prosser)

    Northwest Land Matters ("Developments in real estate, land use, environmental & water law in the Pacific NW," from GordonDerr LLP)

    Real Property & Development Review (from Davis Wright Tremaine LLP; includes sections on Construction Law, Environmental Law, Land Use, and Real Estate)

    Renewable + LawSM ("The climate policy, renewable energy, and sustainability blog" from Stoel Rives LLP)

    Science, Law & the Environment ("Emerging topics in environmental law" in the Pacific Northwest, from Doug Steding, of Steelhead Law)

     

    Three Degrees Project News & Blog (from Three Degrees, "a climate Justice Project at the University of Washington School of Law")

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    Estate Planning

    Drake's PlainTalk Planning ("Perspectives on the Big Four—Money, Taxes, Smart Planning, Washington," from University of Washington Law Professor Dwight Drake)

    LHS & E Blog (from Lasher Holzapfel Sperry & Ebberson, "articles address a wide range of issues that are faced by our individual, family and privately-held business clients"; topics include bankruptcy and creditors' rights, corporate and business law, estate planning, and litigation)

    Mogren Glessner & Roti ("Helpful information about family law . . . and estate planning . . . from Peter Mogren, an attorney from the Renton Washington law firm")

    Phinney Estate Law Blog ("new developments in the law, new ideas and resources for estate planning, and opportunities for building a meaningful legacy for yourself," by Jamie Clausen of Phinney Estate Law)

    Olea LLP (information about estate planning, family law, and other topics, from Charlene Quincey and Katy Sheehan, partners in the virtual law firm of Olea LLP).

    Reed Longyear blog (from Reed Longyear Malnati & Ahrens, PLLC, in Seattle)

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    Family Law

    See also Gay Rights, Women's Rights.

    Decoupling: Washington Family Law Blog (resources, tips, humor, pop quizzes on recent cases, and answers to general family law questions from Rao & Pierce in Seattle)

    Eastside Divorce and Family Law ("a Washington family law blog for Kirkland, Bellevue, Redmond, and Seattle," from Weitz Law Firm PLLC)

    Lawlady's  Divorce Blog ("advice and commentary from a Seattle holistic divorce attorney on collaborative divorce, lawyer marketing, career development, and whatever else strikes me as interesting," by Stefani Quane)

    Mogren Glessner & Roti ("Helpful information about family law . . . and estate planning . . . from Peter Mogren, an attorney from the Renton Washington law firm")

    Olea LLP (information about estate planning, family law, and other topics, from Charlene Quincey and Katy Sheehan, partners in the virtual law firm of Olea LLP).

    The Online Divorce Blog (by Sharon Blackford, "Washington State's First 100% Online Divorce Attorney")

    Related Topics ("a forum for intelligent and sustained discussion of some of the more compelling family law issues," by Seattle University Professor Julie Shapiro)

    Washington Family Law Blog (by freelance litigation support paralegal Matthew A. Pitts)

    Wong Fleming Family Law Blog (information and insight on a range of family law topics, from the Bellevue office of Wong Fleming)

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    Food & Beverage Law

    Alcoholic Beverages Law Blog ("insight and information for the wine, beer and distilled spirits industry," from Stoel Rives LLP)

    The Brewery Law Blog ("beer law from a beer lawyer: counsel for the Washington brewer" -- Douglas S. Reiser)

    Essential Nutrition Law Blog ("insights on the laws, cases and regulations shaping the nutraceutical industry," from Stoel Rives LLP)

    Food Liability Law Blog ("discussion of emerging legal threats to the food industry," by Ken Odza of Stoel Rives)

    Hospitality Law Blog ("legal issues of interest to the hospitality industry" from Davis Wright Tremaine LLP)

    Marler Blog ("providing commentary on food poisoning outbreaks and litigation," by Bill Marler of Marler Clark)

    SchwabeBlog: Pacific Northwest Alcohol Law (from the Seattle firm of Schwabe, Williamson & Wyatt)

    Travel Law Blog ("legal issues and insight concerning the hospitality industry" -- including beverage law -- from Seattle attorney Chris Sander)

    Washington Cannabis Law ("a source of information," from attorney Rachel Kurtz)

    The Wine Bar ("a blog about wine business, wine law, and wine!" by Kevin Guidry, an attorney seven years' experience in the wine industry)

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    Foreign & International Law

    China Law Blog ("China Law for Business" from the law firm of Harris & Moure)

    Field Focus Blog ("expert insight on the issues surrounding international development and land rights," from Landesa Rural Development Institute, a non-governmental organization based in Seattle)

    Three Degrees Project News & Blog (from Three Degrees, "a climate Justice Project at the University of Washington School of Law")

     

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    General Practice

    Integrity Law Group Blog (from a Seattle firm that practices in bankruptcy law, family law, immigration law, estate planning, and other areas).

    MDW Blog (by Mark D. Walters, Walters Law Firm PLLC)

    Gun Law

    Washington State Gun Lawyer ("domestic violence, felonies, and gun rights," by Mark Knapp, Federal Way)

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    Health Law

    Essential Nutrition Law Blog ("insights on the laws, cases and regulations shaping the nutraceutical industry," from Stoel Rives LLP)

    Health Care Blog (from Washington Community Action Network)

    Health Law News (from Ogden Murphy Wallace PLLC, Seattle and Wenatchee)

    Washington Cannabis Law ("a source of information," from attorney Rachel Kurtz)

    Immigration Law

    Global Immigration Blog ("insight, news and strategy on immigration matters around the world," from several lawyers at Jackson Lewis)

    Immigration Blog (from Washington Community Action Network)

    Seattle Immigration Lawyer Blog (from Law Office of Bonnie Stern Wasser)

    Seattle Immigration Lawyer Blog ("contemplations by an immigration lawyer in the Emerald City," by Jonathan A. Reingold)

    U.S. Immigration Blog (from Millar & Smith, PLLC)

    Watson Immigration Law Blog (from Watson Immigration Law)

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    Indian Law

    Galanda Broadman blog (from Galanda Broadman, "an Indian Country Law Firm")

    Graham Lawyer Blog (a blog "about the work of criminal defense law in North Eastern Washington," by Steve Graham of Republic; often includes posts about Indian law issues because Graham practices on the Colville Reservation as well as in Washington State courts)

    Native American Law Focus (from Miller Nash LLP)

    Native American Legal Update (a blog covering "law and policy developments that affect Native American tribes," by Greg Guedel and Joanna Plichta Boisen of Foster Pepper LLC)

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    Insurance Law

    Insurance Commando Blog (from the Insurance Coverage Practice Group of Betts Paterson Mines—or, as they termed themselves April 21, 2014, "Nerds and Trial Lawyers Practicing Insurance Law")

    Soha & Lang Coverage Blawg (by Soha & Lang, P.S.)

    Spokane Personal Injury (from Kent Doll, a blog about personal injury and insurance law, with a specific focus on Washington, although he does pull from other states)

    Washington State Insurance Regulation Blog (by Jason W. Anderson of Carney Badley Spellman)

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    Intellectual Property and Cyberlaw

    Beauty Marks ("miscellaneous thoughts about trademarks and branding from the Law Office of Jessica Stone Levy, PLLC)

    Blog (from the ACLU of Washington)

    Broadband Law Advisor ("insight and information on the FCC's National Broadband Plan" from Davis Wright Tremaine LLP)

    Canadian Trademark Law (by the Vancouver law firm of Clark Wilson LLP) (No, we don't have imperialist designs on British Columbia, but two of the authors came to the first Seattle Law Blogger Meetup, so I'm listing their blog here.)

    Copyright or Wrong (copyright law and policy, by Jefferson Coulter of AXIOS Law Group)

    The Coulter Martin Smith Blog (from Coulter Martin Smith, PLLC, in Seattle)

    Counselor @ Law ("the daily blog of William Carleton, a Seattle lawyer")

    Freedom for IP ("dedicated to exploring the interaction of Intellectual Property Legislation with Human Rights," founded by lawyer Brian Rowe when he was a Seattle University law student)

    Gary Marshall's Law Bog (Aimed at socially conscious business entrepreneurs, this blog by Seattle attorney Gary Marshall, discusses issues involving law, business, the Internet, society, and social responsibility.)

    Gonzaga IP ("a blog run by law students interested in IP law")

    GreenTech ("A blog about the new green economy," from Graham & Dunn's Green Technology group)

    IP Litigation Update ("A review of recent developments in copyright, trademark, and trade secrets," from Perkins Coie LLP)

    Law, Technology & Arts Blog ("weekly comments from the Washington Journal of Law, Technology & Arts" at the University of Washington School of Law)

    The Means of Innovation ("a blog about law, creativity, commerce, and entrepreneurship," by UW Law professor Sean O'Connor, with attorneys Brian Endter and Patrick J. Franke, sponsored by Graham & Dunn PC and the University of Washington School of Law)

     

    Patent Practice Professional Liability Reporter (by Paul Swanson of Lane Powell PC)

    Privacy and Security Law Blog ("insight on privacy issues affecting consumers" by Davis Wright Tremaine LLP)

    Seattle Copyright Watch ("insight and commentary on copyright and other intellectual property topics and, occasionally, dogs," by Tonya Gisselberg)

    Seattle Trademark Lawyer ("trademark law developments from Seattle and beyond," by Michael Atkins, of Atkins Intellectual Property, PLLC)

    SEOMoz Blog ("SEOmoz provides companies around the world with consulting, Internet marketing and search engine optimization services." The blog is largely about technology; for law-related posts, aimed at tech industry readers, look for those by the company's general counsel, Sarah Bird.)

    Spam Notes ("communications, privacy, identity theft, data protection, adware, spyware, and more," by Venkat Balasubramani of Balasubramani Law)

    TMT Law Watch ("a blog covering the business, legal, and policy developments affecting the telecom, media, and technology sector," from K&L Gates)

    Washington State Patent Law Blog ("patent law discussions with an emphasis on practitioners and industries in Washington State," by Mark P. Walters of Darby & Darby)

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    Landlord-Tenant

    See also Real Estate.

    Washington Landlord Tenant Law (formerly named Seattle Landlord Tenant Attorney) ("free eviction forms and landord-tenant blog by an experienced attorney," Scott Eller)

     

    Law and Sexuality; LGBT Issues

     

    See also Employment Law, Family Law, Women's Rights.

    Blog (from the ACLU of Washington)

    Dean Spade blog (by Seattle University law professor Dean Spade)

    Speaking of Women's Rights (from Legal Voice, an advocacy group in the Northwest that "make[s] substantive, lasting changes through legislation, self-help resources and litigation with a far-reaching public impact")

    [top]

     

    Legal News & Miscellany

     

    Counselor @ Law ("the daily blog of William Carleton, a Seattle lawyer")

    NW Sidebar ("The voices of Washington's lawyers and legal community," from the Washington State Bar Association. Includes categories for New & Young Lawyers and practice areas, such as bankruptcy, civil rights, criminal law, health law, and municipal law. Began Oct. 15, 2012.)

    REWinn Scrapbook (comments on by Randall Winn, who says, "Like you, I have broad interests. This is a scrapbook." Many posts concern access-to-justice issues.)

    Trial Ad (and other) Notes (no longer active) (news and scholarship about trial practice and the legal system, from Mary Whisner, reference librarian at the University of Washington Gallagher Law Library)

    Yakima Law Talk (formerly Washington Trial Law) ("insights from a seasoned lawyer on legal issues relevant to the citizens of the Yakima Valley," Robert M. Boggs of Lyon, Weigand, & Gustafson, P.S., in Yakima)

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    Legal Profession, Law Office Management, Law Office Technology

    Avvoblog (from Avvo, the company that rates and profiles attorneys and doctors)

    Common Good ("public service law news, events, trainings, jobs, and opportunities at UW Law," from the Center for Public Service Law at the University of Washington School of Law)

    Criminal Defense Law with an Apple (just what the name says, by Aaron A. Pelley of Pelley Law Group, PLLC)

    The Dark Goddess of Replevin Speaks ("an irreverent look at lawyers and technology, blawging since 05.05.2002")

     

    Karen Koehler: The Velvet Hammer (trial tips, reflections on lawyering, and other commentary by Karen Koehler of Stritmatter Kessler Whelan Coluccio)

    Law Practice Management (by Irene Leonard, a "lawyer coach")

    NW Sidebar ("The voices of Washington's lawyers and legal community," from the Washington State Bar Association. Includes categories for New & Young Lawyers and practice areas, such as bankruptcy, civil rights, criminal law, health law, and municipal law. Began Oct. 15, 2012.)

    Pro Bono Dicta (King County Bar Association PBS Volunteers)

    Pro Bono Junkie's Blog (University of Washington Professor Sean O'Connor is an occasional contributor to this national blog from the Taproot Foundation)

    PurpleLawyer (by Mark D. Walters, Walters Law Firm PLLC)

    Real Lawyers Have Blogs ("on the topic of the law, firm marketing, blogs, Web 2.0, & baseball," by Kevin O'Keefe of LexBlog)

    Richard's Legal Admin Place (by Richard Wood, the Accounting Manager for Summit Law Group in Seattle)

    Seattle Zen Legal Blog (commentary on personal injury, trial practice, and the practice of law generally by Patrick A. Trudell)

    The TabletLawyer Blog ("Tips & Tricks for Better Tablet PC Use" and "Mobile Professional Information," by James Province, a solo practitioner in Poulsbo)

    WALAW Blog (by UW Law Prof. Tom Andrews and other contributors. Includes updates to The Law of Lawyering in Washington)

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    Legal Research

    Gallagher Blogs ("Library news and legal research tips from the Marian Gould Gallagher Law Library of the University of Washington School of Law")

     

    Public Law Library of King County All Articles and News (announcements and links to resources from the Public Law Library of King County (formerly the King County Law Library))

    Seattle University Law Library Info (research tips, legal news, and library information from the Seattle University Law Library)

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    Local Government Law

     

    Local Open Government Blog (by Stephen DiJulio and Rosa Fruehling-Watson of Foster Pepper PLLC)

    Municipal Law Update (from Ogden Murphy Wallace PLLC, Seattle and Wenatchee)

     

    Maritime Law

    Maritime Injuries and Wrongful Death (Jones Act Law Blog) (by Beard, Stacey, Trueb & Jacobsen, LLP)

    Seattle Maritime Law (by Mikkelborg Broz Wells Fryer PLLC)

     

    Military and Veterans Law

    Lawyers for Warriors (a blog about legal services for service members, veterans, and their families, by Randall Winn)

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    Mining Law

    Mining Law Blog ("insight and information for the the industrial mineral, aggregate and hardrock mining industry," from Stoel Rives LLP)

    Open Government

    Local Open Government Blog (by Stephen DiJulio and Rosa Fruehling-Watson of Foster Pepper PLLC)

    Open-Government Blog ("'Og-blog' stands for 'open-government blog' and that's what we do: tell people about open-government issues of interest to regular citizens, media, trade associations, and government agencies. We find interesting stories and court cases from Washington State and other places about the Public Records Act, Open Public Meetings Act, access-to-court rulings, and media law." Sponsored by Allied Law Group.)

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    Real Estate

    See also Construction Law, Landlord-Tenant.

    From the Ground Up ("Land Use, Real Estate, Construction & Environmental Law Blog" from Miller Nash LLP)

    Northwest Land Matters ("Developments in real estate, land use, environmental & water law in the Pacific NW," from GordonDerr LLP)

    Real Property & Development Review (from Davis Wright Tremaine LLP; includes sections on Construction Law, Environmental Law, Land Use, and Real Estate)

    SchwabeBlog: Northwest Condemnation Law (from the Seattle firm of Schwabe, Williamson & Wyatt)

    Seattle Condominium and Homeowners Association Attorney ("Practical insights for community association board members in the Puget Sound area" from sole practitioner Kevin L. Britt)

    Seattle Real Estate / Foreclosure Attorney Blog ("Washington real estate, foreclosure, and short sale legal news and stories to assist Washington homeowners," from Weitz Law Firm PLLC)

    Washington Real Estate Law Blog ("commentary on Washington State law and how it relates to real estate," by Dickson Steinacker)

    Washington State Homeowner and Condominium Associations (by Brian P. McLean of Leahy McLean Fjelstad)

     

    Golfer Sports

    Seattle Sports Agency Blog ("to keep you updated on the latest in Northwest sports business")

     

    Tax

    Boom: The ERISA Law Blog (by D. Michael Reilly of Lane Powell)

    Drake's PlainTalk Planning ("Perspectives on the Big Four—Money, Taxes, Smart Planning, Washington," from University of Washington Law Professor Dwight Drake)

    The Pivotal Blog (from lawyers in the Pivotal Law Group, a firm with a broad practice, including personal injury, business, and tax)

    Washington Tax Law Blog ("The source for the latest information regarding Washington State Tax Laws," by Ronald L. Bueing, of the Pivotal Law Group)

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    Torts

    See also Construction Law; Food & Beverage Law, Health Law

    Asbestos Law Blog ("information & news for asbestos & mesothelioma victims," by Kevin Coluccio of Stritmatter Kessler Whelan Coluccio)

    Davis Law Group Blog (news and commentary about accident and personal injury litigation from Davis Law Group, P.S.)

    Elder Abuse & Neglect Law Blog ("providing a voice for the vulnerable on elder abuse & neglect issues," by Kevin Coluccio of Stritmatter Kessler Whelan Coluccio)

    LegalEase ("a collaborative blogging effort by the attorneys at Messina Bulzomi Christensen, a Tacoma law firm that handles cases large and small including but not limited to: automobile accidents, wrongful death, workplace injury, product liability, medical negligence, government liability, highway design, and nursing home negligence.")

    Pacific Northwest Injury Law Advocate ("news and updates on personal injury law with a focus on the Northwest & the Seattle-Tacoma metro area," from Stritmatter Kessler Whelan Coluccio)

    Patent Practice Professional Liability Reporter (by Paul Swanson of Lane Powell PC)

    The Pivotal Blog (from lawyers in the Pivotal Law Group, a firm with a broad practice, including personal injury, business, and tax)

    Premier Law Group Blog (from Premier Law Group PLLC in Seattle and Bellevue)

    Reed Longyear blog (from Reed Longyear Malnati & Ahrens, PLLC, in Seattle)

    Seattle Car Accident Lawyer Blog (by Herbert G. Farber, Farber Law Group, Bellevue)

    Seattle Injury Blog (by Kirk Bernard of Bernard & Lindquist)

    Seattle Legal Blog (from Andrew O. Carrington, who practices in a variety of areas, including bankruptcy, personal injury, and estate planning; as of Aug. 2010, blog has only a few posts). Same content available here.

    Seattle Plaintiff Lawyer (by Andrew N. Ackley, whose "practice focuses on motor vehicle collisions, civil rights, defective products, and consumer protection")

    Seattle Zen Legal Blog (commentary on personal injury, trial practice, and the practice of law generally by Patrick A. Trudell)

    Spinal Cord Injury Law Blog ("all things related to spinal cord injuries with focus on SCI legal developments, by Karen Koehler of Stritmatter Kessler Whelan Coluccio; Ms. Koehler is also a part-time Trial Ad instructor at the University of Washington School of Law)

    Spokane Personal Injury (from Kent Doll, a blog about personal injury and insurance law, with a specific focus on Washington, although he does pull from other states)

    The Trucking Watchdog ("information and guidance for truck accident victims and their loved ones," by Kevin Coluccio of Stritmatter Kessler Whelan Coluccio)

    WA Legal Blog (from Law Offices of Joseph Rome)

    Washington Bike Law blog (by the Washington Bike Law firm in Seattle)

    Washington Injury Attorney Blog (by Herbert G. Farber, Farber Law Group, Bellevue)

    Washington Tort Law Blog (from Ogden Murphy Wallace PLLC, Seattle and Wenatchee)

    Washington blogs from injuryboard.com:

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    Trial & Appellate Practice

    The Amateur Law Professor ("contains updates on Washington Supreme Court and Washington Court of Appeals decisions, local and national legal news, and the odd bit of humor to keep things interesting"; by Seattle lawyer Justin Walsh of Stritmatter Kessler Whelan Coluccio)

    Cross-Examination Blog (aimed at "trial lawyers, trial advocacy professors & law students interested in cross-examination & related matters," by Prof. Ronald H. Clark, Seattle University; Prof. George R. "Bob" Dekle, Sr., Univ. of Florida; and William S. Bailey, Fury Bailey – the authors of Cross-Examination Handbook)

    Electronic Discovery Law ("a blog on legal issues, news and best practices relating to the discovery of electronically stored information, published by the e-Discovery Analysis & Technology Group at K&L Gates")

    Karen Koehler: The Velvet Hammer (trial tips, reflections on lawyering, and other commentary by Karen Koehler of Stritmatter Kessler Whelan Coluccio)

    LHS & E Blog (from Lasher Holzapfel Sperry & Ebberson, "articles address a wide range of issues that are faced by our individual, family and privately-held business clients"; topics include bankruptcy and creditors' rights, corporate and business law, estate planning, and litigation)

    LitigationWorld (weekly newsletter "with a helpful tip on electronic discovery, litigation strategy, or litigation technology that you can immediately use. She'll also point you to the most important litigation articles published on the Web so that you won't miss anything," edited by Kimberlee L. Gunning of Terrell Marshall & Daudt PLLC, Seattle)

    Mock Trial Blah Blah Blah (mock trial tips by Steve Graham, a criminal defense lawyer in Republic who coaches at Republic High School and Curlew School)

    Northwest Business Litigation Blog (from the litigation group of Ater Wynne LLP, a firm with offices in Portland, Seattle, Menlo Park, and Salt Lake City)

    Pretrial, Trial, Appellate Advocacy & Evidence Blog (a site "intended for professors, adjunct professors, trial advocacy trainers, practicing lawyers & law students with an interest in all things about pretrial, trial, appellate advocacy &/or evidence," by Prof. Ronald H. Clark, Seattle University)

    Seattle Zen Legal Blog (commentary on personal injury, trial practice, and the practice of law generally by Patrick A. Trudell)

    Supreme Court of Washington Blog (coverage of Washington Supreme Court cases from the Evergreen Freedom Foundation)

    Trial Ad (and other) Notes (no longer active) (news and scholarship about trial practice and the legal system, from Mary Whisner, reference librarian at the University of Washington Gallagher Law Library)

    The Velvet Hammer (trial tips, reflections on lawyering, and other commentary by Karen Koehler of Stritmatter Kessler Whelan Coluccio; Ms. Koehler is also a part-time Trial Ad instructor at the University of Washington School of Law)

    Washington State Supreme Court (more a website with a news feature than just a blog, this site, reporting on "the history, the people, and the cases of Washington state's highest court," is an offshoot of the Oyez Project. Case summaries link to opinions and to video of oral arguments; photos of the justices indicate those in the majority and in dissent. You can subscribe to an RSS feed of cases added to the docket or new opinions.)

    What's Up? The WSAJ Blog (The Washington State Association for Justice's blog, "putting justice in the spotlight").

    Yakima Law Talk (formerly Washington Trial Law) ("insights from a seasoned lawyer on legal issues relevant to the citizens of the Yakima Valley," Robert M. Boggs of Lyon, Weigand, & Gustafson, P.S., in Yakima)

    Ziff Blog ("A blog formerly about Washington law, now about everything, with a focus on civil litigation and recent cases," by Prof. David Ziff, University of Washington)

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    Washington Constitution & Government

    The Capitol Record (a blog about state government from TVW, Washington State's public affairs TV network)

    From Our Corner (from the Washington Office of the Secretary of State)

    Liberty Live (from the Freedom Foundation, formerly the Evergreen Freedom Foundation, an organization with offices in Washington and Oregon. "the official blog of the Evergreen Freedom Foundation"; topics include Constitutional Law, Economic Policy, Labor, and Public Records)

     

    The Washington Ledge ("Dispatches from public radio's correspondent at the Washington Legislature," Austin Jenkins)

    Washington Courts (news and commentary about "Courts of Washington and the Northern Tier" by Steve Eugster, a Spokane lawyer)

    Washington State Supreme Court (more a website with a news feature than just a blog, this site, reporting on "the history, the people, and the cases of Washington state's highest court," is an offshoot of the Oyez Project. Case summaries link to opinions and to video of oral arguments; photos of the justices indicate those in the majority and in dissent. You can subscribe to an RSS feed of cases added to the docket or new opinions.)

     

    Wine Law

    See Food & Beverage Law

    Women's Rights

    See also Employment Law, Family Law, Gay Rights.

    Speaking of Women's Rights (from Legal Voice, an advocacy group in the Northwest that "make[s] substantive, lasting changes through legislation, self-help resources and litigation with a far-reaching public impact")

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    Election Law


    Updated Sept. 4, 2015.
    Prepared by Susan Azyndar; updated by Cheryl Nyberg.

    This research guide is intended to provide law students with information and links to useful primary and secondary resources on election law at both the federal and Washington state levels. Election law encompasses a wide range of topics, including campaign finance, voting rights, redistricting, and election administration.  If you have further research questions, please visit the Reference Office, email us, or call (206) 543-6794.

    Note: BNA, HeinOnline, and LLMC Digital are UW Restricted sources. Westlaw is available to people with individual subscriptions.


    Federal Primary Sources & Related Material

    Each branch of the federal government has influenced the contours of election law.  Bear in mind that some portions of the United States Constitution limit congressional actions, as many cases discuss.

    Legislative

    The United States Code (U.S.C.) contains a number of statutes regarding election law. For some helpful statutory research pointers, see the Gallagher guide on Statutory Research Checklist.

    If you know the name of an Act, you can search the a Popular Names Table to find Public Law and U.S. Code citations. These tables are also available in the print versions of the U.S. Code and through LexisNexis and Westlaw.  As a general rule, legislation pertaining to campaign matters can be found in Title 2 and legislation pertaining to voting matters can be found in Title 42.

    Here is a list of some of the major federal Acts related to election law to get you started:

    • 1965 – Voting Rights Act
    • 1971 - Federal Election Campaign Act amended
    • 1993 – National Voter Registration Act
    • 2002 – Bipartisan Campaign Reform Act
    • 2002 – Help America Vote Act

    Legislative History

    Examining legislative history can often lead to a richer understanding. For resources about this subject, see the Gallagher guide on the Federal Legislative History.

    The Gallagher Law Library’s collection includes a number of legislative histories discussing the Federal Election Campaign Act and several rounds of amending legislation.

    Legislative History of the Federal Election Campaign Act of 1971. 1 vol.
    KF4920.A319 A15 1981 at Classified Stacks

    Legislative History of the Federal Election Campaign Act of 1971: P.L. 92-225; 86 Stat. 3, Feb. 7, 1972. 8 vols.
    HeinOnline

    Legislative History of the Federal Election Campaign Act of 1974
    LLMC Digital > US Federal Government > Legislative > US-Leg, Cong., Leg. Histl, Elections Act 1974

    Legislative History of the Federal Election Campaign Act of 1976. 1 vol.
    KF4920.A319 A15 1977 at Classified Stacks & HeinOnline
    LLMC Digital > US Federal Government > Legislative > US-Leg, Cong., Leg. Histl, Elections Act 1976

    Legislative History of the Federal Election Campaign Act Amendments of 1976: P.L. 94-283: 90 Stat. 475: May 11, 1976. 5 vols.
    HeinOnline

    Legislative History of the Federal Election Campaign Act Amendments of 1979. 1 vol.
    KF4920.A319 A15 1983 at Classified Stacks & HeinOnline

    Legislative History of the Bipartisan Campaign Reform Act of 2002. 3 vols.
    JK991.L44 1989 at Classified Stacks

    Legislative History of the Bipartisan Campaign Reform Act of 2002 (McCain-Feingold). 12 vols.
    HeinOnline

    HeinOnline also offers legislative histories discussing the Voting Rights Act and amendments:

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    Judicial

    Federal courts decided many election law cases and a number of cases have reached the Supreme Court. The best ways to find these cases include using annotations in the U.S.Code Annotated or the U.S.Code Service for relevant statute or using a digest.

    The Department of Justice lists cases arising under several statutes, including the Voting Rights Act, the National Voter Registration Act, the Uniformed and Overseas Citizens Absentee Voting Act, and the Help America Vote Act, with summaries and links to court documents.

    The Federal Election Commission also offers a starting point, a list of major campaign finance cases with links to court documents.

    Executive

    For basic administrative law resources, see the Gallagher guide on U.S. Administrative Law Research.

    Department of Justice - Voting Rights Section
    The Department of Justice's Civil Rights Division enforces voting rights statutes, including their application to redistricting. The website includes information about statutes enforced, policies and guidance, and court cases dealing with section 2 of the Voting Rights Act.

    The Department of Justice regulations are located in Title 28 of the Code of Federal Regulations, Part 51.

     

     

    FEC logo

    Congress has delegated regulatory authority on matters of campaign finance to the Federal Election Commission. The FEC's rules and regulations are found in Title11 of the Code of Federal Regulations.

    The Federal Election Commission website includes:

    laws, regulations, policy statements, interpretive rules, advisory opinions, and other legal sources

    campaign finance reports and data

    enforcement information

    quick answers to questions on candidates, disclosure, filing, PACs, political parties, and public funding

     

    Election Assistance Commission
    Congress has delegated authority to promulgate voluntary election management guidelines to the Election Assistance Commission. The EAC website includes resources for voters, information on voting systems, and election management resources.

     

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    Washington State Primary Resources

    For general information on Washington State legal research, see the Gallagher guides focusing on Washington State law.

    Legislative

    Title 29A of the Revised Code of Washington (RCW) covers election law, from voter registration to recount procedures.  The Secretary of State promulgates regulations under these laws, which can be found in Section 434 of the Washington Administrative Code.

    Judicial

    The Washington Supreme Court and Court of Appeals have decided many election law cases. You can search for opinions from these courts using LegalWA.org.

    Executive

    The Secretary of State issues rules and regulations governing matters relating to elections. These regulations are found in Title 434 of the Washington Administrative Code (WAC).

    The Secretary’s site includes a section on elections. On this site, you can find material such as election laws, candidate filings, information about initiatives and referenda, and results from prior elections. As counties typically carry out elections, their websites may also be consulted; keep in mind that the level of detail at the county websites varies.

    Washington Redistricting Logo
    In light of the recent U.S. Census, redistricting is underway. The Washington State Redistricting Commission has a website where you can learn more.

     

     

    Local Ballot Measure Database [Municipal Research & Services Center of Washington]
    Search by county, government entity (including special districts), measures, funding type, and keyword. Covers 2011 to date.

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    Secondary Sources

    Monographs

    Both the Gallagher Law Library and the UW Libraries contain a number of volumes on election law. You can find these volumes by searching the Gallagher Law Library catalog and Worldcat for “election law” or for a specific issue you want to learn more about. Some sample subject headings are:

    • Apportionment (Election law)--United Staes
    • Contested elections--United States
    • Election law--United States
    • Voter registration--United States
    • Voting--United States

    As there is no treatise or nutshell on the subject, casebooks may be the best place for a broad overview.

    Voting Rights and Election Law.
    KF4886 .D56 2010 at Classified Stacks

    Election Law: Cases and Materials, 3d ed.
    KF4886.A4 L69 2004 at Classified Stacks. Note: The 2008 edition is available via Summit.

    Electronic ResourcesElection Law Journal

    Election Law entry at the Legal Information Institute
    The Legal Information Institute’s entry on election law. This page contains lots of links to cases and statutes to drill down to specifics.

    The Election Law Journal is the primary periodical dedicated to election law issues. Access it through either LegalTrac > Publication Search > "Election Law Journal" (Jan. 2008-June 2011) or Westlaw (2003-date).

    Westlaw: ELECTION-TP contains documents from law reviews, journals, continuing legal education material, American Law Reports, texts,  and periodicals that relate to election law.

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    Fifty-State Law Surveys

    The States vary significantly in the area of election law. Some offer citizens the opportunity to make law through initiatives. Some have enacted voter ID laws. Some provide for electronic voter registration. Here are two resources that will help you track trends and compare efforts.

    The Subject Compilations of State Laws database on HeinOnline identifies fifty-state surveys on several election topics, including:

    • Ballots
    • Candidates
    • Elections
    • Electoral College
    • Political Parties
    • Primaries
    • Voters and Voting

    The database includes a wide range of material: articles, books, commercial databases, court briefs and opinions, government publications, Internet sites, looseleaf services, and others.

    National Conference of State Legislatures
    The National Conference of State Legislatures is one of the sites whose pages are indexed in the Subject Compilations of State Laws database.

    The Elections & Campaigns and Redistricting sections have several relevant 50-state law surveys.

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    Current Awareness Resources

    Several sources offers services to help you stay up-to-date on election law topics.

    FEC logo
    The Federal Election Commission’s website is a gateway to a wide range of information: laws, advisory opinions, and campaign finance filings.

    You can sign up to receive email about Recent Developments in the Law and/or other FEC developments, advisory opinions, and news.

     

     

     

     

    Election Assistance Commission
    The Election Assistance Commission’ also allows users to sign up to receive agency news and updates.

    The BNA Money & Politics Report covers the judicial and executive branch actions, both at the federal and state levels. Members of the UW Law community can sign up to receive the Report via email.Visitors using a UW-connected can access this service by clicking on the BNA link under Selected Databases on the Law Library homepage. [Note: The Money & Politics Report is under the Trade and Commerce heading.]

    Election Law @ Moritz is a nonpartisan website devoted to election law, covering topics such as "voter registration, voter ID, early and absentee voting, provisional balloting, poll workers and polling place procedures, recounts and election contests, and other related issues." Includes both issue-by-issue and state-by-state analysis. Updates are available via email subscription.

    Rick Hansen, a law professor at the University of California-Irvine, maintains the Election Law Blog, devoted to a variety of issues. Look for the links to subscribe via RSS feed or email on the right-hand navigation bar.

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    Legal & General Writing Resources: General

    Updated March 13, 2015.
    Prepared by Cheryl Nyberg & Nancy McMurrer, with updates by law librarianship intern Scott Matheson.

    This guide consists of website links and lists of books, most of which are located in the Reference Area on floor L1.

    This guide is part of a series on Legal & General Writing Resources, including


    Dictionaries & Thesauri

    Books

    These books are located in the Reference Area, unless otherwise indicated.

    • The American Heritage Dictionary of the English Language, 4th ed. PE1625.A54 2000 at Reference Office
    • The Dictionary of Bias-Free Usage: A Guide to Nondiscriminatory Language. PE1460.M26 1991
    • The Elements of Nonsexist Usage: A Guide to Inclusive Spoken and Written English. PE1460.D78 1991
    • The Handbook of Nonsexist Writing, 2d ed. PN218.M5 1988
    • Roget A to Z. PE1591.R712 1994
    • Roget's II: The New Thesaurus . PE1591.R737 2003.
    • Roget's 21st Century Thesaurus in Dictionary Form. PE1591.K54 1992 at Reference Office

    For additional titles, search the Law Library catalog by keywords: english language and (dictionaries or synonyms).

    Websites

    Bartleby, Reference is a one-stop shopping for free online dictionaries, encyclopedias, quotation collections, thesauri, usage guides, and more.

    Dictionary.com provides more than a dictionary. It also offers a thesaurus, quotations, translators, mobile apps, and word games.

    Merriam-Webster offers a dictionary, thesaurus, a Spanish-English dictionary, and a medical dictionary.

    OneLook Dictionaries lets users search dozens of dictionaries simultaneously, covering acronyms, computers and technology, economics, Latin, medical, military, real estate, religion, science, slang, and sports; includes Bouviers Law Dictionary (1856) and the International Law Dictionary and Directory.

    Thesaurus.net includes a spell-checker and grammar guide, as well as a thesaurus.

    UW Libraries, Reference Tools > Dictionaries including English and foreign language dictionaries. Some sources are UW Restricted.

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    General Writing Resources: Grammar & Usage

    Books

    These books are located in the Reference Area, unless otherwise indicated.

    • The Chicago Manual of Style, 16th ed. Z253.U69 2010
    • Fowler, A Dictionary of Modern English Usage, 2d ed. PE1628.F65 1983
    • Garner's Modern American Usage, 3d ed. PE2827.G37 2009
    • The New York Public Library Writer's Guide to Style and Usage. PE142.N46 1994
    • On Writing Well: The Classic Guide to Writing Nonfiction, 25th ed. PE1429.Z5 2001
    • Strunk & White's The Elements of Style, 4th ed. PE1408.S772 2000. First ed. (1918) on the web.
    • Style: Lessons in Clarity and Grace, 10th ed. PE1421.W545 2010

    For additional titles, search the Law Library catalog by keywords: english language and (style or usage).

    Websites

    Common Errors in English provides an alphabetic guide to words and phrases commonly misused. Maintained by the the author of the same titled book.

     

    The Economist Style Guide presents an alphabetical listing of terminology with annotations about proper usage.

    Grammar Girl is a website dedicated to helping writers understand and avoid the most common pitfalls of grammar, usage, and punctuation. Additionally, there are occasional blogs about how the English language developed, which are often fun, informative, and useful.

    Grammarist not only provides grammar, style, and spelling tips, but also provides unique insight into common usage by providing examples of writing in modern media.

    Guide to Grammar & Style offers grammatical rules and explanations, comments on style, and suggestions on usage.

    Guide to Grammar & Writing covers articles, clauses, commas, confused words, modifiers, paragraphs, parallel construction, phrases, plurals, possessives, pronouns, punctuation, sentences, and subject-verb agreement; with interactive quizzes.

    The International Writing Centers Association offers resources for writers, links to academic writing centers, and email discussion groups.

    The Internet Public Library, Style and Writing Guides links to almost 40 sources.

    The Tongue Untied: A Guide to Grammar, Punctuation and Style provides advice and tips relating to a variety of topics, such as: subject verb agreement, parts of speech, punctuation, and writing/editing. There are also interactive quizzes and 10-week curriculum to improve technical writing skills.

    University of Wisconsin-Madison, The Writing Center covers stages of the writing process, grammar and punctuation, and strategies for improving your writing style.

     

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    Legal Dictionaries

    This guide has moved to http://guides.lib.uw.edu/law/legaldict. Please update your links.

    Washington State News Sources Online

    Prepared by Mary Whisner & Michael Umberger, Jan. 18, 2011. Last updated Apr. 25, 2012.

    About

    Legal researchers can use news sources for many purposes -- for instance, to find a profile of a lawyer or judge, to read contemporary accounts of trials, to see what legislators told reporters about bills, and to follow the debate on initiatives.

    Much of our state's record is now available online, in a mix of commercial and free sources. There is good coverage after the mid-1990s (when the Web took off) and before 1922 (material that is now in the public domain). With the exception of the The Seattle Times, there is scant online coverage for the intervening years. Researchers will still need to use microfilm collections in libraries.

    This guide lists online sources for dozens of newspapers, radio stations, and television stations in Washington State. It is still a work in progress: it does not include all radio and television websites and it does not yet have links for some of the smaller newspapers. The guide does not always indicate how far back publications post their archives on their websites.

    This guide focuses on sources that originate in Washington State. Researchers should bear in mind that Washington events are often covered elsewhere, so searching in publications from outside the state can be fruitful.

    For other current news and commentary, see Law-Related Blogs in Washington State.

    Table of Online Sources for Washington State Newspapers by Region*

    NORTHWEST, GENERALLY

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted); 
    Washington State Newsstand

    AP Alert - Washington Statewide APALERTWA (11/2003-) W
    AP State & Regional Wires - Washington State Statewide WASH;WANEWS group file includes
    AP State & Regional Wires - Washington Stories
    Northwest Asian Weekly Statewide
    ENWNWAZ (1/2000-) W
    Northwest Construction Statewide NEWS;NWCONS (1998-12/10) NWCONST (12/2003-) W
    Pacific Builder and Engineer Statewide PACBLDRENGR (10/1/2004-4/2009) W

    KING COUNTY

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

    NewsBank 
    Access World News
    (UW Restricted)
    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand
    Auburn Reporter (PNW**) Auburn
    Bellevue Reporter (PNW) Bellevue
    The Bellevue Scene (PNW) Bellevue
    Bothell/Kenmore Reporter (PNW) Bothell;
    Kenmore
    Covington-Maple Valley Reporter (PNW) Covington;
    Maple Valley
    Crosscut
    Seattle
    Eastside Journal Bellevue x (1994-97)
    Enumclaw Courier Herald (PNW) Enumclaw NEWS;ENUMCL (8/23/2006-5/24/08); LNA
    Federal Way Mirror (PNW) Federal Way

    Issaquah & Sammamish Reporter (PNW)

    Issaquah;
    Sammamish
    Kent Reporter (PNW) Kent
    King County Journal Bellevue
    Kent
    x (12/03/1999-
    1/21/2007)
    Kirkland Reporter (PNW) Kirkland x (4/09/2008-)
    Mercer Island Reporter (PNW) Mercer Island x (1995-96)
    Newcastle News Newcastle
    Real Change Seattle
    Puget Sound Business Journal Seattle
    PUGETSNDBSJ (1/2006-) W;
    PUGETBUSJ-ABS (abstracts,
    1/21/1985-) W
    x (1985-2004)

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    Publicola (web-only) (1/2009-) Seattle
    Redmond Reporter (PNW) Redmond
    Renton Reporter (PNW) Renton
    Seattle Examiner (web-only) Seattle x (4/07/2008-)
    The Seattle Medium Seattle
    Seattle Post-Intelligencer (print ceased
    March 27, 2009; now online only)
    Seattle NEWS;SEAPIN (1/2/1986-3/17/2009); LNA STLPI (1/1990-) W x (1/1/1986-) x (1990-2009)
    Seattle Times (formerly Seattle Daily
    Times & Seattle Sunday Times)
    Seattle
    KRT-SEATTMS (1/1989-) W;
    STLTI (1/1989-) W

    x (1/1/1985-)
    blogs: 5/19/2009-

    x (1984-2008)
    Seattle Weekly Seattle NEWS;SEWKLY (1/4/1999-); LNA
    Snoqualmie Valley Record (PNW) Snoqualmie
    South County Journal Kent
    x (7/1997-8/97)
    The Stranger Seattle STRANGER (4/2003-) W
    Tukwila Reporter (PNW) Tukwila
    Valley Daily News Kent x (1991-97)
    The Valley View Woodinville
    Vashon - Maury Island Beachcomber
    (PNW)
    Vashon-Maury
    Island
    The Woodinville Weekly & Northlake News Woodinville

    PIERCE & THURSTON COUNTIES

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    Bonney Lake-Sumner Courier-Herald
    (
    Bonney Lake & Lake Tapps Courier-Herald) (PNW)
    Bonney Lake;
    Sumner
    NEWS;BONNEY (8/2006-);

    LNA

    Business Examiner Tacoma
    The Dispatch Eatonville
    The News Tribune Tacoma
    MNTTCMA (10/2004-) W x (1/01/1992-) x (1993-2012)
    Nisqually Valley News Yelm
    The Olympian Olympia
    OLYMPIAN (1/2006-) W

    x (1/1/2001-)
    blogs: 1/01/2006-

    Peninsula Gateway Gig Harbor x (12/13/2006-)
    Puyallup Herald Puyallup x (9/20/2007-)
    Tacoma Daily Index (PNW) Tacoma
    Tacoma Examiner (web-only) Tacoma x (2/24/2009-)

    OLYMPIC PENINSULA

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    Bainbridge Island Review (PNW) Bainbridge
    Island
    x (10/14/1999-)
    Belfair Herald Shelton
    Bremerton Patriot (PNW) Bremerton
    Central Kitsap Reporter (PNW) Silverdale
    Daily World Online archive 5/1997- Aberdeen x (1/20/2005-)
    Forks Forum (PNW) Forks
    Hood Canal Beacon Shelton
    Kingston Community News (PNW) Kingston
    Kitsap Navy News Bremerton x (3/31/2011-)
    Kitsap Sun

    Bremerton

    KITSAPSUN (9/2009-) W

    x (1/01/1997-)
    blogs: 12/06/2005-

    North Kitsap Herald (PNW) Poulsbo
    Northwest Navigator (split into Kitsap
    Navy News & Whidbey Crosswind)
    Kitsap
    Peninsula
    x (9/30/2004-
    3/24/2011)
    Peninsula Daily News Port Angeles x (1994-97)
    Port Orchard Independent (PNW) Port Orchard
    Sequim Gazette Sequim
    Shelton-Mason County Journal Shelton
    The Vidette Montesano x (8/23/2007-)

    NORTH PUGET SOUND (San Juan Islands, Skagit, Snohomish, Whatcom, Whidbey Island)

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    Arlington Times (PNW**) Arlington
    Bellingham Business Journal
    Web archive 3/2005-
    Bellingham BELLINGHAMBJ (9/1/2007-) W x (4/01/2005-)
    Bellingham Herald Online archive 2000-;
    searching free but access is pay
    Bellingham

    x (9/4/1999-)
    blogs: 9/14/2007-

    x blog (8/2009-9/10)
    Edmonds Beacon Edmonds NEWS;EDBEAC (11/30/2006-5/7/08); LNA
    The Herald (aka The Daily Herald) Everett NEWS;DLYHLD (9/30/2011-) HERALDWA (12/2004-) x (8/16/2005-) x (2001-)
    Islands' Sounder (PNW) San Juan Islands
    Islands' Weekly (PNW) San Juan Islands
    Journal of the San Juans (PNW) San Juan Islands
    Marysville Globe (PNW) Marysville
    Mukilteo Beacon Mukilteo NEWS;MUKILT (11/22/2006-); LNA
    Palestine Chronicle (web-only) Mountlake Terrace WORLD;PALCHR (1/18/2008-) PALESTCHRON (5/2003-) x (6/18/2008-) x (2008-2012)
    Skagit Valley Herald Mount Vernon SKAGITVHRLD (2/2009-) W x (7/31/2007-)
    South Whidbey Record (PNW) Whidbey Island
    Whidbey Crosswind Whidbey Island x (3/31/2011-)
    Whidbey News Times (PNW) Whidbey Island

    SOUTHWEST WASHINGTON

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    Chinook Observer Long Beach x (8/5/2002-)
    Chronicle Centralia CHRONICLEWA (2/6/2009-) x (10/31/2002-)
    The Columbian Vancouver NEWS;COLMBN (5/26/1994-); LNA COLUMBIAWA (1/2000-) W x (6/01/1994-)
    Daily News Longview
    Vancouver Business Journal Vancouver x (3/01/2002-
    10/08/2004)
    The Wahkiakum County Eagle Cathlamet

    CENTRAL WASHINGTON

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    Columbia Basin Herald Moses Lake x (4/6/2004-)
    The Daily Record Ellensburg DLYRECORDWA (9/14/2011-) x (1/4/2000-)
    The Enterprise White Salmon
    The Goldendale Sentinel Goldendale
    Mattawa Area News Mattawa NEWS;MATAWA (10/11/2006-1/10/07)
    News & Standard Coulee City
    Okanogan Valley Gazette-Tribune (PNW) Oroville
    Quad City Herald Brewster
    The Quincy Valley Post-Register Quincy Valley
    South County Sun Royal City
    The Star Grand Coulee
    Tri-City Herald Kennewick;
    Pasco;
    Richland

    BSX-TRICTY (1/2003-) x (2/21/06-) x (2006-)
    Wenatchee Business Journal Wenatchee WENATCHEEB (9/1/2007-) x (8/15/2009-)
    Wenatchee World Wenatchee BSX-WENWLD (2/10/2009-) W x (1/27/1992-) x (1991-97)
    Wine Press Northwest Kennewick x (1/14/2008-)
    Yakima Examiner (web-only) Yakima x (10/03/2009-)
    Yakima Herald-Republic Yakima
    YAKIMAHRLD (8/2008-) W x (12/10/1997-) x (12/10/1997-)

    EASTERN WASHINGTON

     

    Publication

    Includes link to website if available.

     

     

    Location

     

    LexisNexis

    LNA = file is also in LexisNexis Academic


     

    Westlaw (Law School Version)

    W = database is included in WANEWS group database

     

    NewsBank 
    Access World News
    (UW Restricted)

     

    Proquest Newsstand
    (
    UW Restricted);  
    Washington State Newsstand

    The Boomerang! (website not current) Palouse NEWS;BOMRAG (9/07/2006-12/4/08);

    LNA

    Cheney Free Press Cheney
    Deer Park Tribune Deer Park x (2/04/2009-)
    Journal of Business Spokane
    JBUSSPOKE (1/2000-) W x (1999-)
    Lewiston Morning Tribune (serves
    Pullman and Clarkston)
    Lewiston, ID NEWS;LEWMT (6/1/1990-); LNA LEWISTONTRIB (2/10/2009-) x (1/1/1998-)
    The Othello Outlook Othello
    The Ritzville-Adams County Journal Ritzville
    Spokane Examiner (web-only) Spokane x (8/29/2008-)
    Spokesman-Review Spokane WASH;SPOKSR (2/12/1997-,
    plus selected articles 1994-96); LNA
    KRT-SPOKESR (1/1/2004-, plus selected coverage 10/1998-2003);
    SPKS-REV (1/1/2004-, + selected coverage 10/1998-2003) W
    x (7/1/94-) x (1991-)
    Statesman-Examiner Colville x (6/4/2008-)
    Walla Walla Union-Bulletin Walla Walla WALLAWALLA (12/2008-) W x (11/10/2008-)

    * Regional groupings are adapted from the Washington State Department of Transportation's Region Map.
    ** PNW = paper is included in PNW Local News site for combined searches.
    † The University Libraries no longer subscribes to Washington State Newsstand as a separate collection; Washington newspapers are available within the ProQuest Newsstand. We include the Washington State Newsstand name here as a convenience for researchers who use other libraries, such as Seattle Public Library, that do subscribe to it.

    Table of Sources for Washington Television and Radio Broadcasters

     

    Broadcaster

    LexisNexis
    LNA = file is also in LexisNexis Academic

    Westlaw
    (Law School Version)

    W = database is included in
    WANEWS group database

    NewsBank Access World News
    (UW Restricted)
    KING5.com (Seattle) (NBC affiliate) NBC5KING-WA (11/04/2005-) W x (1/25/2007-
    5/15/2010)
    KIRO TV (Seattle) (CBS affiliate) CBS7KIRO-WA (11/4/2005-) W x (1/26/2007-
    5/15/2010)
    KOMOnews.com (Seattle) (ABC affiliate) ABC4KOMO-WA (11/4/2005-) W x (1/26/2007-
    5/16/2010)
    KPLU-FM 88.1 (Tacoma) (NPR affiliate)
    KUOW-FM 94.9 (Seattle) (NPR affiliate)
    NorthWest Cable News (a/k/a Independent - 2 NWCN) IND2NWCN-WA (11/4/2005-) W x (1/28/2007-
    5/14/2010)
    Q13fox.com (KCPQ) (Seattle-Tacoma) (Fox affiliate) FOX13KCPQ-WA (11/4/2005-) W x (1/23/2007-
    5/15/2010; 2/16/2011-)

    Table of Historical Sources for Washington State Newspapers

    Publication (coverage pre-1922)

    Washington State Archives,
    Historic Newspapers in Washington.
    Chronicling America
    (Library of Congress)
    America's Historical Newspapers
    (UW Restricted)
    Cayton's Monthly (Seattle) link (1921)
    Cayton's Weekly (Seattle) link (1917-20)
    The Colfax Gazette link (1900-12)
    Columbian (Olympia) x (1852-53)
    The Colville Examiner link (1907-22)
    The Commonwealth (Everett) link (1911)
    The Co-operative News (Everett) link (1917-18)
    Industrial Freedom (Edison) link (1898-1901)
    The Islander (Friday Harbor) link (1891-98)
    Leavenworth Echo (online archive 2007-) link 1904-22
    Lynden Pioneer Press x (1888-90)
    Morning Olympian (Olympia)
    (includes Daily Olympian & Morning Olympian Tribune)
    x (1891-1900)
    Northern Star (Snohomish) x (1876-79)
    The Northwest Worker (Everett) link (1915-17)
    Pioneer and Democrat (Olympia) x (1854-61)
    Puget Sound Courier (Steilacoom) x (1855-56)
    Puget Sound Herald (Steilacoom) x (1858-64)
    Puget Sound Mail (La Conner) x (1879-84)
    Puget Sound Semi-Weekly (1866);
    Puget Sound Weekly (1866-67);
    Puget Sound Weekly Gazette (1867) (Seattle)
    x (1866-67)
    Puget Sound Weekly Argus (1876-82) &
    Puget Sound Argus (1882-83) (Port Townsend)
    x (1876-83)
    The Pullman Herald link (1888-1922)
    The Ranch (North Yakima) link (1894)
    The Ranch (Seattle) link (1902-14)
    Ranche and Range (North Yakima) link (1897-1902)
    The Republican (Seattle) and The Daily Republican (Seattle) link (1896-98) and link(1896)
    The San Juan Islander (Friday Harbor) link (1898-1914)
    Seattle Gazette (1863-64); Seattle Weekly Gazette (1864-66) x (1863-66)
    The Seattle Star link (1899-1910)
    Seattle Times (formerly Seattle Daily Times &
    Seattle Sunday Times)
    x (1900-1984)
    Spokane Falls Review x (1883-90)
    Spokane Times
    Tacoma Daily News x (1890-98)
    The Tacoma Times (published 1903-49) link (1903-18)
    Truth Teller (Steilacoom) x (1858-58)
    Vancouver Register x (1865-69)
    Walla Walla Statesman x (1864-65)
    The Washington Farmer link (6/15/1914)
    Washington Gazette (Seattle) x (1863-63)
    Washington Pioneer (Olympia) x (1853-54)
    The Washington Socialist (Everett) link (1916-24)
    Washington Statesman (Walla Walla) x (1861-64)
    Weekly Argus (Port Townsend) x (1870-75)
    Yakima Herald x (1889-92)

     

    Historical Sources

    Pacific Northwest Regional Newspaper and Periodical Index (created by UW Libraries)

    The Regional Index contains citations from hundreds of newspapers and periodicals as well as monographs, theses, dissertations, scrapbooks, pamphlets and other ephemera dealing with all aspects of life in Seattle, Washington state and the Pacific Northwest from the mid-nineteenth century to the present. The Regional Index began as a card file in 1936. A retrospective conversion project was initiated in 2000 to make the index accessible online. At the present time, more than 116,000 citations are searchable and hundreds of citations are being added each week. The complete index is located in Special Collections (Allen Library South Basement).

    America's Historical Newspapers (UW Restricted)

    Includes Morning Olympian (1891-1900); Seattle Daily Times (1900-84); Tacoma Daily News (1890-98).

    Washington State Archives, Historic Newspapers in Washington. As of Jan. 2011, includes newspapers from:

    • La Conner (Puget Sound Mail, 1879-84)
    • Lynden (Lynden Pioneer Press, 1888-90)
    • Olympia (Columbian, 1852-53; Washington Pioneer, 1853-54; Pioneer and Democrat, 1854-61)
    • Port Townsend (Weekly Argus, 1870-75; Puget Sound Weekly Argus, 1876-82; Puget Sound Argus, 1882-83)
    • Seattle (Washington Gazette, 1863-63; Seattle Gazette, 1863-64; Seattle Weekly Gazette, 1864-66; Puget Sound Semi-Weekly, 1866-66; Puget Sound Weekly, 1866-67; Puget Sound Weekly Gazette, 1867-67)
    • Snohomish (Northern Star, 1876-79)
    • Spokane (Spokane Times, 1879-82; Spokane Falls Review, 1883-90)
    • Steilacoom (Puget Sound Courier, 1855-56; Puget Sound Herald, 1858-64; Truth Teller, 1858-58)
    • Vancouver (Vancouver Register (1865-69)
    • Walla Walla (Washington Statesman, 1861-64; Walla Walla Statesman, 1864-85)
    • Yakima (Yakima Herald, 1889-92)

    Chronicling America is a project of the Library of Congress and the National Endowment for the Humanities that is working to digitize pre-1922 newspapers from around the US. So far, it includes papers from
    • Colville (The Colville Examiner, 1907-22)
    • Edison (Industrial Freedom, 1898-1901)
    • Everett (The Co-operative News, 1917-18; The Northwest Worker, 1915-17; The Washington Socialist, 1916-24)
    • Friday Harbor (The Islander, 1891-98; The San Juan Islander, 1898-1914)
    • Leavenworth (Leavenworth Echo, 1904-22)
    • North Yakima (The Ranch, 1894; Ranche and Range, 1897-1902)
    • Pullman (Pullman Herald, 1888-1922)
    • Seattle (Cayton's Weekly, 1917-20; Cayton's Monthly, 1921; The Ranch, 1902-14; The Republican, 1896-98; The Seattle Star, 1899-1910)
    • Spokane (The Washington Farmer, one issue, 1914)
    • Tacoma (The Tacoma Times, 1903-18)
    The Washington newspapers in Chronicling America are provided by the Washington State Library. A wiki about the project is here.

    Online Citators

    Updated May 18, 2015.
    Prepared by Jonathan Franklin; updated by Mary Whisner (2006) and Cheryl Nyberg (2011, 2014).

    A citator is a tool that helps a researcher determine the status of a case, statute, or regulation. Is your case still good law? Has the statute or regulation been amended? What other cases cite to your case?

    The two major online citation services are KeyCite (a Westlaw product) and Shepard's (available on LexisNexis and LexisNexis Academic).

    Note: LexisNexis Advance and Westlaw Next are restricted to users with individual passwords. The Law Library does not have a subscription to either service for use by members of the public. LexisNexis Academic (and the Shepard's service) is available to members of the public visiting the Law Library. [UW Restricted]


    Using Citators

    Researchers use citators for several purposes:

    To find parallel citations.

    To find direct history (such as subsequent reversal on appeal).

      1. Cases include prior and subsequent history.
      2. Statutes include reversal, amendment, or pending legislation.

    To find primary and secondary sources on a particular narrow topic.

    To find negative treatment (such as your case has been overruled or your statute having been amended).

    To find positive treatment (such as another case agreeing with the analysis in yours).

    Online citators are greatly preferred over print citators because they are much more up-to-date. For instance, the direct history of a case is updated on KeyCite within 4 hours and overruled cases are identified within 24 hours.

    Both LexisNexis and Westlaw provide guides and factsheets on their citators (most of these documents are in PDF).

    Lexis channel on YouTube

    KeyCite on Westlaw

    Shepard's on LexisNexis

    KeyCite on WestlawNext Shepard's Quick Reference
    KeyCite Direct History in Graphical View Shepard's Overview
    Using KeyCite on Westlaw Guide (39 pages) Shepardizing with Lexis Advance (flash tutorial) (Law School subscribers only)

    top


    Major Differences Between Shepard's & KeyCite

    Shepard'sKeyCite

    Organizes cases by jurisdiction

    Permits you to limit the citation list with a Boolean search by using the FOCUS feature to search the text of citing cases

    Includes a positive treatment signal

    Permits you to change the defaults (under Options or Preferences)

    Offers citation services for law review articles

    Lists the status of each case cited in your case (Table of Authorities)

    Organizes cases by treatment and then depth of analysis

    Permits you to limit the citation list with a Boolean search by using the LOCATE feature to search the text of citing cases

    Helps determine how deeply other cases analyze your case (KC Stars)

    Identifies cases that quote your case (KC Quotation symbols)

    Helps keep you up-to-date on the latest changes in status (KC Alert)

    Lists the status of each case cited in your case (KC Table of Authorities)

    Tip: Bells and whistles you do not need are not useful in deciding which service to use.

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    Other Online Citation Services

    Bloomberg Law's BCite is a newer entry in the citator world. View the video (available to registered users only)

    top


    Important Points

    Use citators early in your research to find more recent relevant secondary sources, statutes, cases, and regulations.

    Use online citators for verification whenever possible.

    Don't rely the graphical symbol when determining whether your case is still good law because every case and statute stands for multiple legal propositions. The red or yellow symbol you see might be for a totally different legal point in that case or statute.

    top


    Citator Comparison Table

    Features

    KeyCite

    Shepard's on LexisNexis

    Case finding from a term or concept KeySearch Service Search Advisor Service
    Secondary source finding from a statute, case, or regulation KC Citations: Includes ALR, Am. Jur., law reviews, CLEs, and treatises Includes law reviews and ALR
    Case finding from a case
    • KC History
    • KC Citations
      • Stars indicate depth of treatment
      • Primary sources first, by treatment and stars
      • Use Limit feature
        • Jurisdiction limits
        • Show citation counts
      • Search text of citing cases with LOCATE
      • Use KeyCite Notes to limit to a headnote
    • Most Cited Cases
    • KeyCite Alert
    • TOA (Table of Authorities) lists cases your case cites
      • Stars
      • Flags
      • Quotation marks
    • Main screen
      • Combines history and citations.
      • Primary sources first, arranged by jurisdiction.
      • Use Custom restrictions
        • Jurisdiction limits
        • Search text of citing cases with FOCUS
        • Limit to major cases by choosing "any analysis"
    • Table of Authorities lists cases your case cites
    Case and regulation finding from a statute
    • KC History
    • KC Citations
      • Pending legislation
      • Apply limits
      • Includes Federal Register citations
    • KeyCite Alert

    • More focus with the ability to search subsections, but harder to get all relevant citations
    • Use FOCUS or Custom restrictions to limit
    • Can find cases but not regulations
    Regulation finding
    • KC History
    • KC Citations: Apply limits
    • KeyCite Alert
    • More focus with the ability to search subsections, but harder to get all relevant citations
    • Use FOCUS or Custom restrictions to limit
    Secondary source finding from a law review article Covers law reviews available on Westlaw Covers law reviews available on LexisNexis plus selected law reviews back to 1957
    Case updating
    • Red = No longer good law for at least one point of law
    • Yellow = Some negative history
    • H = Some history
    • C = Citing references only
    • KeyCite Alert
    • Red = Strong negative history or treatment
    • Orange = Questions precedential value
    • Yellow = History or treatment may have significant negative impact
    • Green = Positive treatment
    • A = Neutral citations only
    • I = Citing references are material (e.g., law review articles) without treatment codes
    Statute updating
    • Red = Amended or repealed
    • Yellow = Pending legislation
    • Sections mentioned in pending legislation don't get flags
    • KeyCite Alert
    Does not use signals
    Regulation updating
    • No flags > Update button
    • KeyCite Alert
    Does not use signals

    top


    Access to Online Citators in the Gallagher Law Library

    UW School of Law faculty, students, and staff have access to KeyCite and Shepard's via their individual passwords to Westlaw and LexisNexis. See the Gallagher guide on Access to Bloomberg Law, LexisNexis & Westlaw.

    Other University of Washington faculty, students, and staff and visitors to a UW library have access to Shepard's through the UW Libraries subscription to LexisNexis Academic. [UW Restricted] Note that the version of Shepard's on LexisNexis Academic covers only case law. See Shepard's Citations for more information.

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    Final Thoughts

    Finding secondary sources: Try KeyCite first.

    Finding cases: Toss up > Which organizational scheme do you prefer? Also, would you rather limit by Key Number (KeyCite) or term (Shepard's)? KeyCite claims to include more sources than Shepard's.

    Updating cases: Either service, ideally both. Shepard's has positive feedback signals and might be more up-to-date.

    Updating statutes and regulations: KeyCite seems more up-to-date.

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    Washington State Constitution: History

     

    August 2011. Last updated January 24, 2017

    About

    Notes About the Project

    The Washington State Constitutional Law Project was initiated by the Washington Law Review in 2009. The editors scanned or obtained scans of many of the sources helpful in studying the development of the Washington State Constitution. In 2011, the Law Library developed this website to make the materials available to researchers.

    Notes About the Digital Files

    The files posted here are in PDF. The books and theses are very large files and may be slow to load.

    The PDFs are searchable. For instance, you can search for occurrences of the word "railroads" in a document. The searching is dependent on optical character recognition which, because of the irregular fonts and imperfect scans, often mistranslates letters and words. Skimming a passage will often find terms that the search feature missed.

    The print in the newspapers is very small. Zooming in makes it possible to read the text but the images are still not crisp, because of the age and quality of the originals.

     


     

    Washington State Constitution, as Amended

    The Washington State Legislature's website includes the current Washington State Constitution (as of this writing, amended through 2016). Notes indicate the dates of amendments and the original text.

    Each year the Legislative Manual includes the constitution, along with some helpful editorial materials: a summary, a detailed index, the text of amendments in order of adoption, and Arthur Beardsley's Sources of the Washington State Constitution. The latest is the 2015-2016 Legislative Manual.

    To make it easy for users to download just the constitutional sections, we extracted the following from the 2011-2012 Legislative Manual :

    The original (handwritten) constitution from the Secretary of State (in color PDF, black and white PDF, and DJVU).

    Washington Constitution (handwritten) - first page

    Image from Secretary of State

    Amendments

    The constitution, originally adopted in 1889, has been amended 107 times (as of November 2012). See Washington State Constitution: Amendments.

    Research Guide

    See Washington State Constitution for an overview of how to research the constitution and cases interpreting it.

    Video

    TVW offers a Washington State Constitution teaching page with a short (8:45) video.

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    Journal and Analytical Index

    An essential tool for researchers is The Journal of the Washington State Constitutional Convention, 1889, edited by Beverly Paulik Rosenow in 1962 (reprinted in 1999). This volume includes an analytical index, prepared by Quentin Shipley Smith, that examines the constitution, section by section, printing each section, then referring to the Journal (which is chronological) and citing contemporary newspaper articles and later secondary sources about the constitution.

    Rosenow's book also includes a section with biographical sketches of the delegates to the convention (pp. 465-90). For convenience, a PDF of just these pages is here.

    This site presents the Journal in two formats: an unedited PDF (made possible by William S. Hein Company, the publisher of the reprint) and a PDF with hyperlinks inserted so the researcher can easily go from a citation in the Journal to the material cited. (The links lead to the source, but not to the specific reference within the source. For example, if the analytical index cites "Cal., Const. (1879), Art. 6, sec. 2," the link is to the California Constitution of 1879; the researcher will then need to go to Art. 6, sec. 2. When the analytical index cites a newspaper, the link goes to a list, by date and title, of articles in that paper.

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    Delegates to the 1889 Constitutional Convention

    Delegates to 1889 Constitutional Convention
    Individual Photos of Delegates

    Photograph of delegates of the second constitutional convention in front of the Territorial Capitol building in Olympia, Wash., 1889. The delegates in the picture were joined by support personnel, some wives, pages, and local grade school students. Courtesy Washington State Archives.  Credit.

    Composite image of the delegates for the Constitutional Convention in Washington State, July 4, 1889. Courtesy Washington State Archives. Credit.

    Biographies of Delegates (pp. 465-90 of Rosenow)

    Charles K. Wiggins, The Twenty-Three Lawyer-Delegates to the Constitutional Convention, Wash. St. B. News, Nov. 1989, at 9-14

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    Sources of the Washington Constitution

    The delegates to the Washington Constitutional Convention drew on many sources, including the federal constitution, constitutions from other states, and constitutions that were drafted for Washington in 1878 and 1889 (before the Convention).

    Quentin Shipley Smith's notes in the Journal cited many of these sources.

    Another useful tool is Arthur S. Beardsley, Sources of the Washington Constitution, in State of Washington, 2011-2012 Legislative Manual at 385-422. Beardsley first prepared this study comparing provisions of the Washington State constitution with parallels in the federal constitution, other state constitutions, and the Hill and 1878 draft constitutions in 1939. It is reprinted every two years in the Legislative Manual. The link above is to the Legislative Manual on the legislature's website. For a smaller file, with just Beardsley's work, click here.

    Links to the Washington sources and state and federal sources follow.

     


     

    Washington Sources

    Washington Constitution, 1878 (Washington Secretary of State). This links to a digital image of the original handwritten text. For a typeset version, see Meany & Condon. The 1878 constitution was drafted by a constitutional convention held in Walla Walla and approved by the voters, but lacked congressional authorization. See discussion here.

    Edmond S. Meany & John T. Condon eds., Washington's First Constitution, 1878, and Proceedings of the Convention (1924?). The text of the constitution is reprinted at pages 63-104. Originally published in 9 Wash. Hist. Q. 129-52, 208-229, 296-307 (1918)

    Hill Constitution: William Lair Hill, A Constitution Adapted to the Coming State: Suggestions by Hon. W. Lair Hill: Main Features Considered in Light of Modern Experience: Outline and Comment Together. 1889. (This document is an undated typescript. Hill's proposed constitution was also published in The Morning Oregonian, July 4, 1889, here, here, and here.)

    Enabling Act, ch. 180, 25 Stat. 676 (1889)*** ("An act to provide for the division of Dakota into two States and to enable, the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States."). The Enabling Act is also reprinted in State of Washington, 2011-2012 Legislative Manual at 33-51; this version includes amendments to section 11, which concerns public lands granted for school purposes, in 1921, 1932, 1938, 1948, 1952, 1962, 1967, and 1970.

    Organic Act, ch. 90, 10 Stat. 172 (1853)*** ("An act to establish the Territorial Government of Washington.")

    Rules of the Constitutional Convention of the Territory of Washington, July 4, 1889. This pamphlet was published for the use of the delegates. It contains the report of the Rules Committee with the rules adopted by the convention; the report and rules are also found in the Journal, at 21-33. Pages 8-9 of the pamphlet list the convention's standing committees and their members; these are also found in the Journal, at 19-20 and 37.

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    State and Federal Sources

    See also the compilations listed below.

    Alabama Constitution, 1868 (Alabama legislature)

    Arkansas Constitution, 1874 (Google Books)

    California Constitution, 1879 (California Secretary of State)

    Colorado Constitution, 1876 (Colorado State Archives)

    Declaration of Independence (National Archives)

    Illinois Constitution, 1870 (Google Books)

    Indiana Constitution,1851 (Indiana Historical Bureau)

    Iowa Constitution, 1846 (Google Books)

    Iowa Constitution, 1857 (State Library of Iowa)

    Kansas Constitution, 1859 (Kansas Historical Society)

    Maryland Constitution, 1867 (Maryland State Archives)

    Minnesota Constitution, 1857 (Minnesota Historical Society)

    Missouri Constitution, 1875 (this site) (from Thorpe)

    Nebraska Constitution, 1875 (this site) (from Thorpe)

    Nevada Constitution, 1864 (pp. 833-55 of Official Report of the Debates and Proceedings of the Constitutional Convention of the State of Nevada Assembled at Carson City to Form a Constitution and State Government (1866)

    New Hampshire Constitution, 1792 (Google Books)

    New York Constitution, 1846 (pp. 72-94 of The Constitution of the State of New York, with Notes, References and Annotations (Robert C. Cumming et al. eds., 1894)

    Ohio Constitution, 1851 (Ohio Historical Society)

    Oregon Constitution, 1857 (Oregon State Archives).

    • Because Oregon was particularly important to the development of Washington's constitution, we list selected sources in a separate guide, Oregon State Constitution.

    Texas Constitution, 1876 (University of Texas Tarlton Law Library)

    United States Constitution (National Archives); United States Constitution in State of Washington, 2011-2012 Legislative Manual at 5-32.

    Wisconsin Constitution, 1848 (Wisconsin Historical Society)

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    ____

    State and Federal Sources: Compilations

    Constitutions of the United States, National and State (2d ed. 1974-). 6-volume looseleaf, regularly updated. Current volumes KF4530.C65 1974 at Reference Area; superseded pamphlets KF4530.C65 1974 at Compact Stacks.Catalog record.

    Ronald K. L. Collins, Bills and Declarations of Rights Digest, in The American Bench: Judges of the Nation 2483-2655 (3d ed. 1985/86)** (includes text of all states' bills and declarations of rights, as well as notes and comparative tables).

    George A. Glynn, American Constitutions, comprising the Declaration of Independence, the Articles of Confederation, the Constitution of the United States, and the State Constitutions (Albany: Argus, 1894) (the convention manual for the sixth New York State constitutional convention). Google Books: vol. 1, vol. 2Catalog record.

    Benjamin Hough, American Constitutions: Comprising the Constitution of Each State in the Union, and of the United States, with the Declaration of Independence and Articles of Confederation; Each Accompanied by a Historical Introduction and Notes, . . ., 2 v. (Albany: Weed, Parsons & Co., 1871-1872). HeinOnline link (UW restricted). Google Books: Vol. 1,  Vol. 2

    Benjamin Perley Poore, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States. Published by the Government Printing Office.

    • 1877 edition: KF4530.F42 1877 at Folio
    • 2d ed. 1878: KF42 1878 at Folio
    • Google Books links: Part I (1877) and Part II (1878)

    William Finley Swindler, Sources and Documents of American Constitutions (v. 1-11, published 1973-79), KF4530 .S94 at Classified Stacks

    William Finley Swindler, Sources and Documents of American Constitutions, 2nd Series (v. 1-5, published 1982-87), KF4530 .S94 at Classified Stacks

    Francis Newton Thorpe, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore the United States of America (GPO, 1909). HeinOnline (UW restricted). JK18 1909 at Classified Stacks.

    • Vol. 1, United States, Alabama – District of Columbia (pp. i=xxxv, 1-648) (includes table of contents, pp. iii-xiv; list of authorities, pp. xv-xxxv)
    • Vol. 2, Florida – Kansas (pp. 649-1259)
    • Vol. 3, Kentucky – Massachusetts (pp. 1263-1923)
    • Vol. 4, Michigan – New Hampshire (pp. 1925-2531)
    • Vol. 5, New Jersey – Philippine Islands (pp.2533-3189)
    • Vol. 6, Porto Rico – Vermont (pp. 3191-3781)
    • Vol. 7, Virginia – Wyoming, Index (pp. 3783-4430)

     

    John Joseph Wallis, NBER/University of Maryland State Constitution Project. Project is "a portal to the texts of the state constitutions of the United States. There have been almost 150 state constitutions, they have been amended roughly 12,000 times, and the text of the constitutions and their amendments comprises about 15,000 pages of text." Prof. Wallis states that this collection is more accurate than those by Poore, Thorpe, and Swindler. It much more current, since it includes changes through 2000.

    [top]



    Selected Secondary Sources

     

    U.S. State Constitutions - History and Interpretation

    Ronald K. L. Collins, Foreword: Reliance on State Constitutions—Beyond the "New Federalism," 8 U. Puget Sound L. Rev. vi (1985) (foreword to a symposium on the Washington State constitution)

    Ronald K. L. Collins, Bills and Declarations of Rights Digest, in The American Bench: Judges of the Nation 2483-2655 (3d ed. 1985/86)** (includes text of all states' bills and declarations of rights, as well as notes and comparative tables).

    The Constitutionalism of American States (George E. Connor & Christopher W. Hammons eds., 2008). Catalog record.

    Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union (1868) (Google Books). HeinOnline (UW restricted)

    Thomas M. Cooley, A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Power of the States of the American Union (5th ed. 1883), Google Books, HeinOnline (UW restricted), catalog record (This is the latest edition before the Washington constitutional convention.)

    James Quayle Dealey, Growth of American State Constitutions from 1776 to the End of the Year 1914 (1915). JK2408.D5 at Classified Stacks. Digitized copy (from Google Books). LLMC Digital link.

    Christian G. Fritz, The American Constitutional Tradition Revisited: Preliminary Observations on State Constitution-Making in the Nineteenth-Century West, 25 Rutgers L. J. 945 (1994), HeinOnline (UW restricted) (author's "definition of the American West includes the Far West, the Pacific Northwest, the Rocky Mountain states, and even some of the Great Plains states. The greatest attention has been given to seven state constitutional conventions between 1849 and 1889 for which reports of the convention debates exist. These states are: California (1849 and 1878 conventions), Oregon (1857), Nevada (1864), South Dakota (1885 and 1889 conventions), Wyoming (1889), Idaho (1889), and North Dakota (1889)." p. 947).

    Henry Hitchcock, American Constitutions: A Study of Their Growth (1887)

    Johanna Kalb, Evaluating International State Constitutionalism, 91 Wash. L. Rev. Online 141-56 (2016)

    Hans A. Linde, What Is a Constitution, What Is Not, and Why Does It Matter?, 87 Or. L. Rev. 717 (2008)

    Jeffrey A. Parness, American State Constitutional Equalities, 45 Gonz. L. Rev. 773 (2010)

    Pierre Schlag, Framers Intent: The Illegitimate Uses of History, 8 U. Puget Sound L. Rev. 283 (1985)

    James Schouler, Constitutional Studies: State and Federal (1897)

    Hugh D. Spitzer and Charles W. Johnson, Theme and Variations, 21 Seattle U. L. Rev . 997 (1998) (reviewing Robert F. Williams, State Constitutional Law: Cases and Materials (2d ed. 1993))

    G. Alan Tarr, Popular Consitutionalism and Its Enemies, 91 Wash. L. Rev. Online 57-90 (2016)

    Mary Whisner, Fifty More Constitutions, 104 Law Libr. J. 331 (2012)

    See also Oregon State Constitution guide.

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    Washington State History

     

    Don Brazier, History of the Washington Legislature, 1854-1963 (2000)

    Elwood Evans, History of the Pacific Northwest: Oregon and Washington; Embracing an Account of the Original Discoveries on the Pacific Coast of North America, and a Description of the Conquest, Settlement and Subjugation of the Original Territory of Oregon; Also Interesting Biographies of the Earliest Settlers and More Prominent Men and Women of the Pacific Northwest, Including a Description of the Climate, Soil, Productions of Oregon and Washington (1889) (2 vol.), Vol. 1 (Google Books), catalog record

    Julian Hawthorne & George Douglas Brewerton, History of Washington: The Evergreen State, from Early Dawn to Daylight; With Portraits and Biographies (1893), Vol. 1 (Google Books), Vol. 2 (Google Books), catalog record

    H. K. Hines, An Illustrated History of the State of Washington: Containing a History of the State of Washington from the Earliest Period of Its Discovery to the Present Time Together with Glimpses of Its Auspicious Future, Illustrations and Full-Page Portraits of Some of Its Eminent Men and Biographical Mention of Many of Its Pioneers and Prominent Citizens of To-day (1894)

    Edmond S. Meany, History of the State of Washington (1909), catalog record

    The State of Washington: A Brief History of the Discovery, Settlement and Organization of Washington, the "Evergreen State" as Well as a Compilation of Official Statistics Showing the Material Development of the State Up to Date (Elwood Evans & Edmond S. Meany eds., 1893) (prepared for distribution at the World's Columbian Exposition (the Chicago World's Fair))

    Joseph Marion Taylor, History and Government of Washington: To Which Are Appended the Constitution of the State of Washington and Lists of Territorial and State Officers (1898) (textbook "for the youths of Washington")

    The Washington State Library's Classics of Washington History collection offers an eclectic assortment, from pioneer memoirs to territorial session laws.

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    The Washington Supreme Court

     

    Charles H. Sheldon, A Century of Judging: A Political History of the Washington Supreme Court (1988), catalog record

    Charles H. Sheldon, The Washington High Bench: A Biographical History of the State Supreme Court, 1889-1991 (1992), catalog record. Profiles are posted on the Temple of Justice website.

    Temple of Justice is the website created by the Temple of Justice Project, a joint effort of The Oyez Project and the Thomas S. Foley Institute at Washington State University. It includes biographies of all of the state's justices, 1889 to date. You can also view the justices listed by court (showing who was chief justice and who served together).

    Washington State Constitution - History and Interpretation

     

    Wilfred J. Airey, A History of the Constitution and Government of Washington Territory (1945) (unpublished Ph.D. thesis, University of Washington, Seattle)

    Arthur S. Beardsley, Sources of the Washington Constitution, in State of Washington, 2011-2012 Legislative Manual at 385-422. Beardsley first prepared this study comparing provisions of the Washington State constitution with parallels in the federal constitution, other state constitutions, and the Hill and 1878 draft constitutions in 1939. It is reprinted every two years in the Legislative Manual. The link above is to the Legislative Manual on the legislature's website. For a smaller file, with just Beardsley's work, click here.

    Michael Bindas, David K. DeWolf & Michael J. Reitz, The Washington Supreme Court and the State Constitution: A 2010 Assessment, 46 Gonz. L. Rev. 1 (2011).

    Cornell W. Clayton, Toward a Theory of the Washington Constitution, 37 Gonz. L. Rev. 41 (2001-2002)

    Herman J. Deutsch, A Prospectus for the Study of the Governments of the Pacific Northwest States in Their Regional Setting, 42 Pac. Nw. Q. 277 (1951), JSTOR (UW restricted)

    Drafting Washington's State Constitution, 48 Pac. Nw. Q. 22-24 (1957), JSTOR (UW restricted). Reprints two undated letters concerning the activities of the constitutional convention. The letters, signed "Flynn," originally appeared in the Walla Walla Statesman.

    Ben Driftmier, Comparative Study of Constitutions for Provisions Not Found In Our Own, 3 Wash. Hist. Q. 259 (1912)

    James L. Fitts, The Washington Constitutional Convention of 1889 (1951) (unpublished Master's thesis, University of Washington, Seattle)

    John D. Hicks, The Constitutions of the Northwest States. Constitutional Convention Research Memorandum No. 6, Montana Constitutional Convention Comm'n. (1971-72). Reprinted from University of Nebraska University Studies, vol. XXIII, Nos. 1-2 (Jan.-April, 1923).

    Claudius O. Johnson, George Turner, a Character from Plutarch, 18 Wash. L. Rev. 167-81 (1943) and 19 Wash. L. Rev. 18-30 (1944)

    Leo Jones, Proposed Amendments to the State Constitution of Washington, 4 Wash. Hist. Q. 12 (1913)

     

    John R. Kinnear, Notes on the Constitutional Convention, 4 Wash. Hist. Q. 276 (1913). Kinnear, a lawyer from Seattle, was a delegate to the convention. See biographical sketch.

    Lebbeus J. Knapp, The Origin of the Constitution of the State of Washington, 4 Wash. Hist. Q. 227 (1913). Also available here.

    Kelly Kunsch, Washington State Constitutional Research: A Recipe for a Gunwall Analysis, Wash. St. B. News Oct. 1995, at 31. HeinOnline (UW restricted)

    J. Orin Oliphant, Additional Notes on the Constitution of 1878, 17 Wash. Hist. Q. 27 (1926)

    Charles H. Sheldon, Judicial Review and the Supreme Court of Washington, 1890-1986, Publius, J. Federalism, wWtr. 1987, at 69. JSTOR (UW restricted)

    John R. Kinnear
    John R. Kinnear. Credit.

     


    Hugh D. Spitzer, New Life for the "Criteria Tests" in State Constitutional Jurisprudence: "Gunwall Is Dead–—Long Live Gunwall!," 37 Rutgers L. J. 1169 (2006)

    Hugh D. Spitzer, Which Constitution? Eleven Years of Gunwall in Washington State, 21. L. Rev. 1187 (1998)

     

    Theodore L.Stiles, The Constitution of the State and Its Effects upon Public Interests, 4 Wash. Hist. Q. 281 (1913). Alternate link. Stiles, a lawyer from Tacoma, was a delegate to the convention.  He was one of the first five judges on the Supreme Court. See See biographical sketch from the Journal; biography by Charles Sheldon here.

    Robert F. Utter & Hugh D. Spitzer, The Washington State Constitution (2d ed. 2013). Gallagher Law Library  KFW401 1889.A6 U888 2013 at Reference Office. Catalog record (WorldCat).

    Robert F. Utter & Hugh D. Spitzer, The Washington State Constitution: A Reference Guide (2002). Catalog record.

    University of Washington Bureau of Governmental Research and Services, Washington State Constitution: Stumbling Block or Stepping Stone?: Proceedings of the Thirty-First Annual Summer Institute of Government, 1966. Catalog record.

    Thomas Robert Waters & Washington State Advisory Constitutional Revision Commission, Report of the Advisory Constitutional Revision Commission of the State of Washington (1935). Catalog record.

    Theodore L. Stiles
    Theodore L. Stiles. Credit.

     

    Washington State Constitutional Advisory Council, Report (1966). Catalog record.

    Washington State Constitutional Advisory Council, Washington Looks at Constitutional Revision: A Background (1967?). Catalog record.

    Washington State Constitutional Revision Commission, 1968-69: Draft Reports (Ralph Whitney Johnson ed., 1969). Catalog record.

    Washington State Constitutional Revision Commission, Final Report to Governor Daniel J. Evans (1969). Catalog record.

    Charles K. Wiggins, Charles S. Voorhees and the Omnibus Admission Act, Wash. St. B. News, June 1989, at 25-30

    Robert F.  Williams, Justice Robert Utter, the Supreme Court of Washington, and the New Judicial Federalism: Judging and Teaching, 91 Wash. L. Rev. Online 27-39 (2016)

    [top]

    Article I, Declaration of Rights

    Mark H. Adams and George R. Nock, Search, Seizure, and Section 7: Standing from Salvucci to Simpson, 6 Seattle U. L. Rev. 1 (1982)

    Kathleen A. Baldi, Comment, The Denial of a State Constitutional Right to Bail in Juvenile Proceedings: The Need for Reassessment in Washington State, 19 Seattle U. L. Rev. 573 (1996)

    Bruce L. Brown, The Juvenile Death Penalty in Washington: A State Constitutional Analysis, 15 Seattle U. L. Rev . 361 (1992)

    Daniel J. Clark, Dropping Anchor: Defining a Search in Compliance With Article I, Section 7 of the Washington State Constitution, 21 Seattle U. L. Rev . 1 (1997)

    Frank J. Conklin & James M. Vaché, The Establishment Clause and the Free Exercise Clause of the Washington Constitution—A Proposal to the Supreme Court, 8 U. Puget Sound L. Rev. 411 (1985)

    Ken Davis, Comment, Washington Constitution Article 1, Section 7: The Argument for Broader Protection against Employer Drug Testing, 16 U. Puget Sound L. Rev. 1335 (1993)

    James M. Dolliver, The Washington Constitution and State Action: The View of the Framers, 22 Willamette L. Rev. 445 (1986), HeinOnline (UW restricted)

    James M. Dolliver, Condemnation, Credit and Corporations in Washington: 100 Years of Judicial Decisions Have the Framers' Views Been Followed?, 12 U. Puget Sound L. Rev. 163 (1989) (examines Article I, § 16, the taking clause; Article VIII, § 7, the municipal credit clause; Article XII, §§ 1-22, the Corporations Article)

    Cheryl L. Harner, Comment, The Repeal of Washington’s Infant Tolling Statute in Medical Malpractice Cases: State Constitutional Challenges, 22 Gonz. L. Rev. 133 (1986-87).

    Katie Hosford, The Search for a Distinct Religious-Liberty Jurisprudence under the Washington State Constitution75 Wash. L. Rev. 643 (2000)

    Charles W. Johnson & Scott P. Beetham, The Origin of Article I, Section 7 of the Washington State Constitution, 31 Seattle U. L. Rev. 431 (2008)

    James E. Lobsenz, A Constitutional Right  to an  Appeal:  Guarding Against  Unacceptable Risks of Erroneous Conviction, 8 U. Puget Sound L. Rev. 375 (1985)

    George R. Nock, Seizing Opportunity, Searching for Theory: Article I, Section 7, 8 U. Puget Sound L. Rev. 331 (1985)

    Symposium: The Role of a Bill of Rights in a Modern State Constitution, 45 Wash. L. Rev. 453 (1970)

     

    Gregory C. Sisk, The Constitutional Validity of the Modification of Joint and Several Liability in the Washington Tort Reform Act of 1986, 13 Seattle U. L. Rev. 433 (1990).

    David M. Skover, The Washington Constitutional "State Action" Doctrine: A Fundamental Right to State Action, 8 U. Puget Sound L. Rev. 221 (1985)

    Justice Debra Stephens, The Once and Future Promise of Access to Justice in Washington's Article I, Section 10, 91 Wash. L. Rev. Online 41-56 (2016)

    Jonathan Thompson, The Washington Constitution's Prohibition on Special Privileges and Immunities: Real Bite for "Equal Protection Review of Regulatory Legislation?, 69 Temp. L. Rev. 1247 (1996) *

    Robert F. Utter, Freedom and Diversity in a Federal System: Perspectives on State Constitutions and the Washington Declaration of Rights, 7 U. Puget Sound L. Rev. 491 (1984) (reprinted in Developments in State Constitutional Law 239 (Bradley D. McGraw ed., 1985))

    Robert F. Utter & Edward J. Larson, Church and State on the Frontier: The History of the Establishment Clauses in the Washington State Constitution, 15 Hastings Const. L.Q. 451 (1988) *

    Robert F. Utter, The Right to Speak, Write and Publish Freely: State Constitutional Protection against Private Abridgement, 8 U. Puget Sound L. Rev. 157 (1985)

    Charles K. Wiggins, Francis Henry and the Declaration of Rights, Wash. St. B. News, May 1989, at 51-54

    Charles K. Wiggins, Bryan P. Harnitiaux & Robert H. Whaley, Washington’s 1986 Tort Legislation and the State Constitution: Testing the Limits, 22 Gonz. L. Rev. 193 (1986-87)

    [top]

    Article II, Legislative Department

     

    Gordon E. Baker, Legislative Power to Amend Initiatives in Washington State, 55 Pac. Nw. Q. 28 (1964), JSTOR (UW restricted)

    Jeffrey T. Even, Direct Democracy in Washington: A Discourse on the Peoples' Powers of Initiative and Referendum, 32 Gonz. L. Rev. 247 (1996/1997), HeinOnline (UW restricted)

    Kristen L. Fraser, Method, Procedure, Means, and Manner: Washington's Law of Law-Making, 39 Gonz. L. Rev. 447 (2004)

    Kristen, L. Fraser, "Grasping for the 'Elephant in the Courthouse': Developments in Washington's Law of Law-Making, 44 Gonz. L. Rev. 411 (2008-09)

    Claudius O. Johnson, The Adoption of the Initiative and Referendum in Washington, 35 Pac. Nw. Q.291 (1944), JSTOR (UW restricted)

    Claudius O. Johnson, The Initiative and Referendum in Washington, 36 Pac. Nw. Q. 29 (1945), JSTOR (UW restricted)

    Bryan L. Page, State of Emergency: Washington’s Use of Emergency Clauses and the People’s Right to Referendum, 44 Gonz. L. Rev. 219 (2009)

    Article III, The Executive

     

    Heidi A. Irvin, Note, Washington's Partial Veto Power: Judicial Construction of Article III, Section 12, 10 Seattle U. L. Rev. 699 (1987)

    Article IV, The Judiciary

    Mark DeForrest, In the Groove or in a Rut? Resolving Conflicts Between the Divisions of the Washington State Court of Appeals at the Trial Court Level, 48 Gonz. L. Rev. 431 (2013)

    Charles K. Wiggins, George Turner and the Judiciary Article, Part I, Wash. St. B. News, Sept. 1989, at 46-50, and Part II, Wash. St. B. News, Oct. 1989, at 17-23

    Article VI, Elections and Elective Rights

     

    Rebecca Mead, Votes for Women!, Columbia: Mag. Nw. Hist., Wtr. 2010-11, at 5.

    Charles K. Wiggins, John P. Hoyt and Women's Suffrage, Wash. St. B. News, Jan. 1989, at 17-20

    Article VII, Revenue and Taxation

     

    Philip John Roberts, Of Rain and Revenue: The Politics of Income Taxation in the State of Washington, 1862-1940 (dissertation 1990). Abstract available here (UW restricted). UW Special Collections Thesis 38452; UW Suzzallo/Allen D 7 Th38452

    Phil Roberts, A Penny for the Governor, a Dollar for Uncle Sam: Income Taxation in Washington (2002), catalog record (WorldCat), Gallagher Law Library KFW475 .R63 2002 at Classified Stacks, Google Preview

    Hugh D. Spitzer, A Washington State Income Tax--Again?, 16 U. Puget Sound L. Rev. 515 (1993)

    Hugh D. Spitzer, Taxes vs. Fees: A Curious Confusion, 38 Gonz. L. Rev. 335 (2003), SSRN

    Article VIII, State, County, and Municipal Indebtedness

     

    James M. Dolliver, Condemnation, Credit and Corporations in Washington: 100 Years of Judicial Decisions Have the Framers' Views Been Followed?, 12 U. Puget Sound L. Rev. 163 (1989) (examines Article I, § 16, the taking clause; Article VIII, § 7, the municipal credit clause; Article XII, §§ 1-22, the Corporations Article)

    David D. Martin, Comment, Washington State Constitutional Limitations on Gifting of Funds to Private Enterprise: A Need for Reform, 20 Seattle U. L. Rev . 199 (1996)

    Hugh Spitzer, An Analytical View of Recent "Lending of Credit" Decisions in Washington State, 8 U. Puget Sound L. Rev. 195 (1985)

    Article IX, Education

     

    Laurie K. Beale, Charter Schools, Common Schools and the Washington Constitution, 72 Wash. L. Rev. 535 (1997)

    Kristen L. Fraser, McCleary: Positive Rights, Separation of Powers, and Taxpayer Protections in Washington's State Constitution, 91 Wash. L. Rev. Online 91-140 (2016)

    Article XI, County, City, and Township Organization

     

    Kent D. Richards, The Police Power and Washington Statehood: Insurrection, Agitation, and Riots, Mont.: Mag. W. Hist., Autumn 1987, at 10, JSTOR (UW restricted)

    Article XII, Corporations Other than Municipal

     

    James M. Dolliver, Condemnation, Credit and Corporations in Washington: 100 Years of Judicial Decisions – Have the Framers' Views Been Followed?, 12 U. Puget Sound L. Rev. 163 (1989) (examines Article I, § 16, the taking clause; Article VIII, § 7, the municipal credit clause; Article XII, §§ 1-22, the Corporations Article)

    Article XIV, Seat of Government

     

    Charles K. Wiggins, Austin Mires and the Capital Controversy, Wash. St. B. News, April 1989, at 24-27

    Article XVII, Tide Lands

     

    Charles K. Wiggins, The Battle for the Tidelands in the Constitutional Convention, Part I, Wash. St. B. News, March 1990, at 15-21; Part II, Wash. St. B. News, April 1990, at 15-19; and Part III, Wash. St. B. News, May 1990, at 47-52

    Article XXXI, Equal Rights Amendment

     

    Patricia L. Proebsting, Comment, Washington's Equal Rights Amendment: It Says What It Means and It Means What It Says, 8 U. Puget Sound L. Rev. 461 (1985)

    Prohibition (failed proposal in 1889)

     

    Charles R. LeWarne,The Prohibition Proposition: A Hot Issue at the Constitutional Convention, Colum.: Mag. Nw. Hist, Summer 1989, at 26

    Healthy Environment (proposal)

     


    [top]

    Newspapers (Selected Articles)

    Newspapers we hope to add later in the project:

    • Daily Oregon Statesman
    • Puget Sound Weekly Argus
    • Seattle Post-Intelligencer
    • Seattle Times
    • Spokane Falls Northwest Tribune
    • Tacoma Ledger
    • Walla Walla Weekly Statesman

    [top]

    Newspapers (Searchable)

    Chronicling America, hosted by the Library of Congress (and developed with partners), has a large collection of digitized newspapers, 1789-1924, including almost 50 papers from Washington Territory and Washington State.

    Papers whose coverage includes 1889, when the constitution was drafted and voted on:

    The Washington State Library also has a collection of digitized historic newspapers from Washington. Papers that include 1889 are:

    You might want to try newspapers from other states. (The Oregonian had extensive coverage of Washington's constitutional convention, but is not available in this collection.)

    And, of course, if you are research an amendment, check newspapers that covers the year it was adopted.

    Many digitized newspapers are available through the University Libraries. Very useful for events after 1895, the collection includes the Seattle Times, 1895-1984 (UW restricted).

    [top]


     

    Selected Cases

    State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986)

     


     

    Links for Further Research

    State Constitutions

    State Constitutions (Indiana University Maurer School of Law). Guide includes:

    • Instructions on where to find the texts of state constitutions (print and online).
    • Tips for current and historical research.
    • Information about researching revisions and amendments.
    • Links to sources for each state (use alphabetical directory or interactive map).

    Center for State Constitutional Studies (Rutgers School of Law Camden)

    NBER/University of Maryland State Constitution Project. Project, by Economics professor John Joseph Wallis, is "a portal to the texts of the state constitutions of the United States. There have been almost 150 state constitutions, they have been amended roughly 12,000 times, and the text of the constitutions and their amendments comprises about 15,000 pages of text." The search feature is still in development; eventually, researchers will be able to search for words or phrases across multiple states.

    Individual states:

    Washington State

    Center for the Study of the Pacific Northwest (University of Washington History Department). Includes links to archives, databases, museums, and more. See Resources: Links and Resources: Research.

    Legacy Washington (Washington Secretary of State) exhibit, 1889: Blazes, Rails and the Year of Statehood.

    [top]


     

    Credits

    * Posted with permission of the author(s) and HeinOnline.

    ** Posted with permission of the author and the publisher, Forster-Long, LLC.

    *** Posted with permission of HeinOnline.

    † Posted with permission of the author, the Washington State Bar Association, and HeinOnline.

    Constitutional convention group photo: Item Number AR-28001005-ph000003, Inauguration of Governor Ferry Photographs, 1889, Washington State Archives, Digital Archives (accessed Sept. 12, 2011). Original images held at the Washington State Archives, Olympia, WA.

    Constitutional convention composite photo: Item Number AR-28001001-ph00278, General Subjects Photograph Collection, 1845-2005, Washington State Archives, Digital Archives (accessed Sept. 12, 2011). Original images held at the Washington State Archives, Olympia, WA. Same image,credited to photographer Merle Junk, available as Item Number AR-25501080-ph004713, Susan Parish Photograph Collection, 1889-1990.

     

    People involved in this project include:

    • Mary Whisner, Reference Librarian
    • Penny A. Hazelton, Associate Dean for Library and Computing Services
    • Dave Tawatao, Senior Computer Specialist
    • Hugh Spitzer, Affiliate Professor
    • David Hancock, Editor-in-Chief, Washington Law Review, volume 84, 2008-09

    Comments or suggestions? Please contact Mary Whisner.

    [top]

    Washington State Constitution: Amendments

    Prepared by Mary Whisner, Christina Luini, and Frank Ott. Posted Sept. 2011; last updated July 11, 2013.

    The people of Washington have amended the constitution over 100 times. This table lists the amendments and cites the Laws of Washington and, when available, the state voters' pamphlets.

    For more on the history of the Constitution, particularly its drafting in 1889, see Washington State Constitution: History.

    AmendmentArticle, Section AffectedTopicHistory
    1 Art. XVI, Sec. 5 Investment of school fund 1893 Laws of Washington, p. 9 Section 1. Approved November, 1894.
    2 Art. VI, Sec. 1 Qualifications of voters 1895 Laws of Washington, p. 60 Section 1. Approved November, 1896.
    3 Art. VII, Sec. 2 Taxation 1899 Laws of Washington, p. 121 Section 1. Approved November, 1900.
    4 Art. I, Sec. 11 Religious freedom 1903 Laws of Washington, p. 283 Section 1. Approved November, 1904.
    5 Art. VI, Sec. 1 Qualifications of electors (women's suffrage)
    1909 Laws of Washington, p. 26 Section 1. Approved November, 1910.
    6 Art. III, Sec. 10 Vacancy in office of governor 1909 Laws of Washington, p. 642 Section 1. Approved November, 1910.
    7 Art. II, Secs. 1, 21 Legislative powers, where vested 1911 Laws of Washington, p. 136. Approved November, 1912.
    8 Art. I, Secs. 33, 34 Recall of elective officers 1911 Laws of Washington, p. 504 Section 1. Approved November, 1912.
    9 Art. I, Sec. 16 Eminent domain

    1919 Laws of Washington, p. 385 Section 1. Approved November, 1920.

    10 Art. I, Sec. 22
    Rights of the accused

    1921 Laws of Washington, p. 79 Section 1. Approved November, 1922.

    11 Art. VIII, Sec. 4 Moneys disbursed only by appropriations

    1921 Laws of Washington, p. 80 Section 1. Approved November, 1922.

    12 Art. XI, Sec. 5
    County government
    1923 p 254 Section 1. Approved November, 1924. 1924 voters' pamphlet.
    13 Art. II, Sec. 15
    Vacancies in legislature
    1929 House Joint Resolution No. 13, p 689. Approved November, 1930. 1930 voters' pamphlet.
    14 Art. VII, Sec. 1
    Taxation 1929 p 499 Section 1. Approved November, 1930. 1930 voters' pamphlet.
    15 Art. XV, Sec. 1
    Harbor line commission
    1931 p 417 Section 1. Approved November, 1932. 1932 voters' pamphlet.
    16 Art. XII, Sec. 11
    Stockholder liability
    1939 Senate Joint Resolution No. 8, p 1024. Approved November, 1940. 1940 voters' pamphlet.
    17 Art. VII, Sec. 2
    Taxation
    1943 House Joint Resolution No. 1, p 936. Approved November, 1944; 1944 voters' pamphlet.
    18 Art. II, Sec. 40
    Highway funds
    1943 House Joint Resolution No. 4, p 938. Approved November, 1944. 1944 voters' pamphlet.
    19 Art. VII, Sec. 3
    Taxation of federal agencies and property
    1945 House Joint Resolution No. 9, p 932. Approved November, 1946. 1946 voters' pamphlet.
    20 Art. XXVIII, Sec. 1
    Compensation of state officers
    1947 Senate Joint Resolution No. 4, p 1371. Approved November 2, 1948. 1948 voters' pamphlet.
    21 Art. XI, Sec. 4
    County government and township organization
    1947 Senate Joint Resolution No. 5, p 1372. Approved November 2, 1948. 1948 voters' pamphlet.
    22 Art. XI, Sec. 7
    County officers limited to two terms (repeal)
    1947 House Joint Resolution No. 4, p 1385. Approved November 2, 1948. 1948 voters' pamphlet.
    23 Art. XI, Sec. 16
    Combined city and county
    1947 House Joint Resolution No. 13, p 1386. Approved November 2, 1948. 1948 voters' pamphlet.
    24 Art. II, Sec. 33
    Alien ownership
    1949 Senate Joint Resolution No. 9, p 999. Approved November 7, 1950. 1950 voters' pamphlet.
    25 Art. IV, Sec. 3(a)
    Establishing retirement age for judges of supreme and superior courts
    1951 House Joint Resolution No. 6, p 960. Approved November 4, 1952. 1952 voters' pamphlet.
    26 Art. II, Sec. 41
    Permitting the legislature to amend initiative measures
    1951 Substitute Senate Joint Resolution No. 7, p 959. Approved November 4, 1952. 1952 voters' pamphlet.
    27 Art. VIII, Sec. 6
    Extending bonding powers of school districts
    1951 House Joint Resolution No. 8, p 961. Approved November 4, 1952. 1952 voters' pamphlet.
    28 Art. IV, Secs. 6, 10
    Increasing monetary jurisdiction of justice courts
    1951 Substitute House Joint Resolution No. 13, p 962; Approved November 4, 1952. 1952 voters' pamphlet.
    29 Art. II, Sec. 33
    Alien ownership
    1953 House Joint Resolution No. 16, p 853. Approved November 2, 1954. 1954 voters' pamphlet.
    30 Art. II, Secs. 1, 1(a)
    Initiative and referendum petitions
    1955 Senate Joint Resolution No. 4, p 1860. Approved November 6, 1956. 1956 voters' pamphlet.
    31 Art. III, Sec. 25
    Qualifications, compensation, offices which may be abolished
    1955 Senate Joint Resolution No. 6, p 1861. Approved November 6, 1956. 1956 voters' pamphlet.
    32 Art. II, Sec. 15
    Vacancies in legislature and in partisan county elective office
    1955 Senate Joint Resolution No. 14, p 1862. Approved November 6, 1956. 1956 voters' pamphlet.
    33 Art. XIV, Sec. 1
    State boundaries
    1957 Senate Joint Resolution No. 10, p 1292. Approved November 4, 1958. 1958 voters' pamphlet.
    34 Art. I, Sec. 11
    Religious freedom
    1957 Senate Joint Resolution No. 14, p 1299. Approved November 4, 1958. 1958 voters' pamphlet.
    35 Art. II, Sec. 25
    Extra compensation prohibited
    1957 Senate Joint Resolution No. 18, p 1301. Approved November 4, 1958. 1958 voters' pamphlet.
    36 Art. II, Sec. 1
    Publication and distribution of voters' pamphlets
    1961 Senate Joint Resolution No. 9, p 2751. Approved November, 1962. 1962 voters' pamphlet
    37 Art. XXIII, Sec. 1
    Publication of proposed constitutional amendments
    1961 Senate Joint Resolution No. 25, p 2753. Approved November, 1962. 1962 voters' pamphlet.
    38 Art. IV, Sec. 2(a)
    Temporary performance of judicial duties
    1961 House Joint Resolution No. 6, p 2757. Approved November, 1962. 1962 voters' pamphlet.
    39 Art. II, Sec. 42
    Governmental continuity during emergency periods
    1961 House Joint Resolution No. 9, p 2758. Approved November, 1962. 1962 voters' pamphlet.
    40 Art. XI, Sec. 10
    City charters
    1963 ex.s. Senate Joint Resolution No. 1, p 1526. Approved November 3, 1964. 1964 voters' pamphlet.
    41 Art. IV, Sec. 29
    Election of superior court judges
    1965 ex.s. Substitute Senate Joint Resolution No. 6, p 2815. Approved November 8, 1966. 1966 voters' pamphlet.
    42 Art. II, Sec. 33
    Alien ownership (repeal)
    1965 ex.s. Senate Joint Resolution No. 20, p 2816. Approved November 8, 1966.1966 voters' pamphlet.
    43 Art. IX, Sec. 3
    Common school construction fund
    1965 ex.s. Senate Joint Resolution No. 22, part 1, p 2817. Approved November 8, 1966. 1966 voters' pamphlet.
    44 Art. XVI, Sec. 5
    Investment of permanent school fund
    1965 ex.s. Senate Joint Resolution No. 22, part 2, p 2817. Approved November 8, 1966. 1966 voters' pamphlet.
    45 Art. VIII, Sec. 8
    Port expenditures to promote industrial or trade development
    1965 ex.s. Senate Joint Resolution No. 25, p 2819. Approved November 8, 1966.1966 voters' pamphlet.
    46 Art. VI, Sec. 1A
    Voter qualifications for presidential elections
    1965 ex.s. Substitute House Joint Resolution No. 4, p 2820. Approved November 8, 1966. 1966 voters' pamphlet.
    47 Art. VII, Sec. 10
    Retired persons property tax exemption
    1965 ex.s. House Joint Resolution No. 7, p 2821. Approved November 8, 1966.1966 voters' pamphlet.
    48 Art. VIII, Sec. 3
    Publication of laws authorizing state debt
    1965 ex.s. House Joint Resolution No. 39, p 2822. Approved November 8, 1966. 1966 voters' pamphlet.
    49 Art. XXIX, Sec. 1
    Investment of public pension funds
    1969 Senate Joint Resolution No. 5, p 2975. Approved November 5, 1968. 1968 voters' pamphlet (King County).
    50 Art. IV, Sec. 30
    Authorizing state court of appeals
    1969 Senate Joint Resolution No. 6, p 2975. Approved November 5, 1968. 1968 voters' pamphlet (King County).
    51 Art. VIII, Sec. 9
    Providing for state building authority
    1969 Senate Joint Resolution No. 17, p 2976. Approved November 5, 1968. 1968 voters' pamphlet (King County).
    52 Art. II, Sec. 15; Art. XI, Sec. 6
    Vacancy in legislative and county elective offices
    1969 Senate Joint Resolution No. 24, p. 2976. Approved November 5, 1968. 1968 voters' pamphlet (King County).
    53 Art. VII, Sec. 11
    Taxation based on actual use ("open space" amendment)
    1969 House Joint Resolution No. 1, p 2976. Approved November 5, 1968. 1968 voters' pamphlet (King County).
    54 Art. XXX, Sec. 1
    Authorizing compensation increase during term for officials who do not set own salary
    1969 House Joint Resolution No. 13, p 2976. Approved November 5, 1968. 1968 voters' pamphlet (King County).
    55 Art. VII, Sec. 2
    Property taxation – one percent limitation
    1971 Senate Joint Resolution No. 1, p 1827. Approved November, 1972. 1972 voters' pamphlet.
    56 Art. II, Sec. 24
    Permitting authorization of lotteries
    1971 Senate Joint Resolution No. 5, p 1828. Approved November 7, 1972.1972 voters' pamphlet.
    57 Art. XI, Secs. 5, 8
    Setting of county officers' salaries
    1971 Senate Joint Resolution No. 38, p 1829. Approved November, 1972. 1972 voters' pamphlet.
    58 Art. XI, Sec. 16
    Combined city-county governments
    1971 House Joint Resolution No. 21, p 1831. Approved November, 1972. 1972 voters' pamphlet.
    59 Art. VII, Sec. 2
    Changing excess levy election formula
    1971 House Joint Resolution No. 47, p 1834. Approved November, 1972. 1972 voters' pamphlet.
    60 Art. VIII, Secs. 1, 3
    Changing constitutional debt limitation formula
    1971 House Joint Resolution No. 52, p 1836. Approved November, 1972. 1972 voters' pamphlet.
    61 Art. XXXI
    Sex equality – rights and responsibilities (Equal Rights Amendment)
    1972 House Joint Resolution No. 61, p 526. Approved November, 1972. 1972 voters' pamphlet.
    62 Art. III, Sec. 12
    Governor's veto power
    1974 Senate Joint Resolution No. 140, p 806. Approved November 5, 1974. 1974 voters' pamphlet (North King County).
    63 Art. VI, Sec. 1
    Qualifications of electors (residency)
    1974 Senate Joint Resolution No. 143, p 807. Approved November 5, 1974. 1974 voters' pamphlet (North King County).
    64 Art. VII, Sec. 2
    Excess school levies
    1975-'76 2nd ex.s. Senate Joint Resolution No. 137, p 518. Approved November 2, 1976. 1976 voters' pamphlet (King County).
    65 Art. IV, Secs. 6, 10
    Jurisdiction of superior courts, justices of the peace (district courts)
    1977 Senate Joint Resolution No. 113, p 1714. Approved November 8, 1977. 1977 voters' pamphlet.
    66 Art. XII, Sec. 18
    Transportation rates
    1977 House Joint Resolution No. 55, p 1713. Approved November 8, 1977. 1977 voters' pamphlet.
    67 Art. XII, Sec. 14
    Prohibition against combinations by carriers (repeal)
    1977 House Joint Resolution No. 57, p 1714. Approved November 8, 1977. 1977 voters' pamphlet.
    68 Art. II, Sec. 12
    Sessions of legislature
    1979 Substitute Senate Joint Resolution No. 110, p 2286. Approved November 6, 1979. 1979 voters' pamphlet.
    69 Art. II, Sec. 13
    Legislators holding other offices
    1979 Senate Joint Resolution No. 112, p 2287. Approved November 6, 1979. 1979 voters' pamphlet.
    70 Art. VIII, Sec. 10
    Allowing municipal utilities to help homeowners finance energy conservation measures
    1979 Substitute Senate Joint Resolution No. 120, p 2288. Approved November 6, 1979. 1979 voters' pamphlet.
    71 Art. IV, Sec. 31
    Judicial Qualifications Commission
    1980 Substitute House Joint Resolution No. 37, p 652. Approved November 4, 1980. 1980 voters' pamphlet.
    72 Art. II, Sec. 1
    Certification of initiatives to Legislature 1981 Substitute Senate Joint Resolution No. 133, p 1796. Approved November 3, 1981. 1981 voters' pamphlet.
    73 Art. XXXII, Sec. 1
    Special revenue financing
    1981 Substitute House Joint Resolution No. 7, p 1794. Approved November 3, 1981. 1981 voters' pamphlet.
    74 Art. II, Sec. 43
    Commission for redistricting of state legislative and congressional districts 1983 Substitute Senate Joint Resolution No. 103, p 2202. Approved November 8, 1983. 1983 voters' pamphlet.
    75 Art. XXIX, Sec. 1
    Investment of state industrial insurance funds
    1985 House Joint Resolution No. 12, p 2398. Approved November 5, 1985. 1985 voters' pamphlet.
    76 Art. VIII, Sec. 11
    Agricultural commodity commissions
    1985 House Joint Resolution No. 42, p 2402. Approved November 5, 1985. 1985 voters' pamphlet.
    77 Art. IV, Sec. 31
    Judicial Qualifications Commission
    1986 Senate Joint Resolution No. 136, p 1532. Approved November 4, 1986. 1986 voters' pamphlet.
    78 Art. XXVIII, Sec. 1
    Authorizing independent commission to set salaries of legislators, judges, and other officials
    1986 Substitute House Joint Resolution No. 49, p 1529. Approved November 4, 1986.1986 voters' pamphlet.
    79 Art. VII, Sec. 2
    Allowing school excess levies
    1986 House Joint Resolution No. 55, p 1530. Approved November 4, 1986. 1986 voters' pamphlet.
    80 Art. IV, Sec. 7
    Allowing retired superior court judges to complete pending cases
    1987 Senate Joint Resolution No. 8207, p 2815. Approved November 3, 1987. 1987 voters' pamphlet.
    81 Art. VII, Sec. 1
    1988 House Joint Resolution No. 4222, p 1551. Approved November 8, 1988. 1988 voters' pamphlet (Edition 1).
    82 Art. VIII, Sec. 10
    Allowing local utilities to help owners of buildings and structure finance energy efficiency measures
    1988 House Joint Resolution No. 4223, p 1551. Approved November 8, 1988. 1988 voters' pamphlet (Edition 1).
    83 Art. VI, Sec. 3
    Disqualification from elective franchise
    1988 House Joint Resolution No. 4231, p 1553. Approved November 8, 1988. 1988 voters' pamphlet (Edition 1).
    84 Art. I, Sec. 35
    Crime victims' rights
    1989 Senate Joint Resolution No. 8200, p 2999. Approved November 7, 1989. 1989 voters' pamphlet (Edition 1).
    85 Art. IV, Sec. 31
    Commission on Judicial Conduct
    1989 Substitute Senate Joint Resolution No. 8202, p 3000. Approved November 7, 1989. 1989 voters' pamphlet (Edition 1).
    86 Art. VIII, Sec. 10
    Energy conservation assistance
    1989 Senate Joint Resolution No. 8210, p 3003. Approved November 7, 1989. 1989 voters' pamphlet (Edition 1).
    87 Art. IV, Sec. 6
    Providing that superior courts and district courts have concurrent jurisdiction in equity
    1993 House Joint Resolution No. 4201, p 3063. Approved November 2, 1993. Bill summary. 1993 voters' pamphlet.
    88 Art. I, Sec. 11
    Permitting municipalities and state agencies to employ chaplains
    1993 House Joint Resolution No. 4200, p 3062. Approved November 2, 1993. Bill summary. 1993 voters' pamphlet.
    89 Art. IV, Sec. 3
    Revising size and leadership of supreme court

    Substitute Senate Joint Resolution No. 8210, 1995 Laws of Washington, p. 2905. Approved November 7, 1995.

    90 Art. VII, Sec. 2
    Allowing school levies for four-year periods

    House Joint Resolution No. 4208, 1997 Laws of Washington, p. 3063. Approved November 4, 1997.

    91 Art. VIII, Sec. 10
    Authorizing public money derived from the sale of stormwater or sewer services to be used in financing stormwater and sewer conservation and efficiency measures

    House Joint Resolution No. 4209, 1997 Laws of Washington, p. 3065. Approved November 4, 1997.

    92 Art. VIII, Sec. 1
    Guaranteeing school district debt

    Senate Joint Resolution No. 8206, 1999 Laws of Washington, p. 2387.  Approved November 2, 1999.

    93 Art. XIX, Sec. 1
    Investment of public pension or retirement fund or industrial insurance fund

    Senate Joint Resolution No. 8214, 2000 Laws of Washington, p 1919. Approved November 7, 2000.

    94 Art. IV, Sec. 7
    Exchange of judges, judges pro tempore

    Engrossed Senate Joint Resolution No. 8208, 2001 Laws of Washington, p. 2327-28. Approved November 6, 2001.

    95 Art. VII, Sec. 2
    Limitation on levies

    House Joint Resolution No. 4220, 2002 Laws of Washington, p. 2203. Approved November 5, 2002.

    96 Art. II, Sec. 15
    Vacancies in Legislative and Partisan County Elective Offices

    House Joint Resolution No. 4206, 2003 Laws of Washington, p. 2819. Approved November 4, 2003.

    97 Art. IV, Sec. 31
    Commission on Judicial Conduct

    Senate Joint Resolution No. 8207, 2005 Laws of Washington, pp. 2799-2800. Approved November 8, 2005.

    98 Art. VII, Sec. 1
    Personal Property Tax Exemption

    House Joint Resolution No. 4223, 2006 Laws of Washington, p. 2117. Approved November 7, 2006.

    99 Art. VII, Sec. 12
    Budget stabilization account

    Engrossed Substitute Senate Joint Resolution No. 8206, 2007 Laws of Washington, pp. 3146-47. Approved November 6, 2007.

    100 Art. II, Sec. 29
    Convict labor

    Senate Joint Resolution No. 8212, 2007 Laws of Washington, p. 3143. Approved November 6, 2007.

    101 Art. VII, Sec. 2
    Limitation on levies

    2007 Engrossed House Joint Resolution No. 4204, pp 3143-3145. Approved November 6, 2007.

    102 Art. XVI, Sec. 6
    Investment of higher education permanent funds

    Substitute House Joint Resolution No. 4215, 2007 Laws of Washington, p 3145. Approved November 6, 2007.

    103 Art. VIII, Sec. 1
    State debt

    Senate Joint Resolution No. 8225, 2010 Laws of Washington, pp. 3129-32.  Approved November 2, 2010.

    104 Art. I, Sec. 20
    Bail, when authorized

    Engrossed Substitute House Joint Resolution No. 4220, 2010 Laws of Washington, p 3129.  Approved November 2, 2010.

    105 Art. VI, Sec. 1A Voter qualifications for presidential elections (repealed)

    Senate Joint Resolution No. 8205, 2011 Laws of Washington, p 4281. Approved November 8, 2011.

    106 Art. VII, Sec. 12
    Budget stabilization account

    Senate Joint Resolution No. 8206, 2011 Laws of Washington, pp 4281-4283. Approved November 8, 2011.

    107 Art. VII, Sec. 1
    State debt

    Engrossed Senate Joint Resolution No. 8221,  2012 Laws of Washington, pp. 2429-2432. Approved November 6, 2012.

    • Bill status page (includes text of bill, committee reports)
    • 2012 Voters' Guide (online version from Secretary of State includes text, explanatory statement, fiscal impact statement, statements for and against, and the votes for and against in the legislature)

    Washington Laws, Legislation & the Legislature

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    Washington State Constitution

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    Constitution from the Legislative Search page: searchable, current
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    Revised Code of WashingtonRevised Code of Washington

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    "The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed. It does not include temporary laws such as appropriations acts." Washington State Legislature

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    Session Laws

    Laws passed by the Legislature and signed by the Governor, arranged in chronological order. Called the Laws of Washington.

    Session laws from the Office of the Code Reviser; from 1854. Also available on HeinOnline (from 1854). UW Restricted

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    BillsWashington State Capitol Campus

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    Bill information from the Detailed Legislative Reports > searchable, from 1985

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    See also the Gallagher guide on Washington State Legislative History for information on the sources used to discover legislative intent.

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    WA Legislative Search page

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    Detailed legislative reports from the Legislature: summaries, text, tracking, reports, roll call votes, and other information, coverage varies

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    Initiatives & Referenda

    List of initiatives and referenda by year from the Secretary of State: from 1996

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    List of all initiatives to the Legislature filed with the Secretary of State: from 1914-2009

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    Initiatives and referenda from the Legislative Search page: searchable, from 1991

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    Legislative Rules

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    Senate Rules

    Reed's Parliamentary Rules


    Legislative Ethics Board

    Advisory and complaint opinions from the Board: arranged by type then by date, from 1995

    Opinions from the Legislative Search page: searchable, from 1995
    WA Legislative Search page Ethics

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    Going Beyond Casebooks

    Updated Sept. 28, 2011
    Prepared by Mary Whisner for Foundations for Legal Study and Legal Analysis, Research and Writing.

    You recently picked up your first casebooks. Hefty as they are, they do not have everything you want to know - even in your first quarter of law study. You might want to go beyond your casebooks, for example:

    • to read the portions of a case that the casebook editors chose to omit;
    • to find a secondary source to help you understand a topic discussed in class; or
    • to read a law review article your casebook cites.

    This exercise will show you how.

    If you are doing this exercise for a class, answer Questions 1 and 2 on a separate sheet (2 pages max.). Save your answers as a computer file and check your class syllabus for instructions about turning it in and due date.


    Cases by Citation

    The cases in your casebooks include the case name and citation, generally following the pattern:

    Party 1 v. Party 2, [volume number] [reporter name] [page number] ([jurisdiction sometimes] [year]).

    Here are some examples of state and federal case citations:

    State Cases

    Garratt v. Dailey, 49 Wash. 2d 499, 304 P.2d 681 (1956).

    This case was published in volume 49 of Washington Reports, 2d Series (the official reporter for Washington Supreme Court cases), starting on page 499.

    (The Bluebook uses "Wash." and "Wash. 2d" as the abbreviations for Washington Reports and Washington Reports, Second Series. Washington Courts—and therefore most Washington attorneys—use "Wash." for Washington Reports and Wn.2d for Washington Reports, Second Series.)

    The case is also published in volume 304 of West's Pacific Reporter, 2d Series (the regional reporter that covers Washington and 14 other states), starting on page 681. Citations to more than one source for the same case are called parallel citations.

    Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (1929).

    This case also has parallel citations, to both a state and a regional reporter, but New Hampshire Reports is not available here: the Law Library does not subscribe to official state reports outside Washington State for years covered by regional reporters.

    The regional reporter is Atlantic Reporter (A.). It is located on the lower level of the Law Library (Floor L2), in the Compact Stacks, call number KF135.A7A8.

    For a list of regional reporters and their Bluebook abbreviations, call numbers, and Library locations, visit the Gallagher guide on Reporters & Digests. You can also pick up one of our blue bookmarks with location information.

    All of these reporters have more than one series. Watch for the numerals after the reporter abbreviation - they are an essential part of the citation. For example, 30 P. 1 is a California adverse possession case from 1892, 30 P.2d 1 is an Oregon divorce case from 1934, and 30 P.3d 1 is a Washington maritime law case from 2001.

    All of the cases in these reporters are also available on LexisNexis and Westlaw.

    Many state cases are available on free websites. For most states, only the last few years are available (sometimes only the last few months). See links on the Free Law Online / Legal Resources page. All Washington State cases (going back to the territorial court in 1854) are available on a site called LegalWA.org, hosted by the Municipal Research & Services Center.

    Federal Cases

    Shaffer v. Heitner, 433 U.S. 186 (1977).

    U.S. = United States Reports, the official reporter for United States Supreme Court cases.

    Many casebooks give parallel citations to West's Supreme Court Reporter and the United States Supreme Court Reports, Lawyers' Edition, like this: Shaffer v. Heitner, 433 U.S. 186, 97 S.Ct. 2569, 53 L.Ed.2d 683 (1977).

    All three reporters for the U.S. Supreme Court are in the Reference Area:

    Title Abbreviation Call Number Also at
    U.S. Reports U.S. KF101.A212 Compact Stacks
    Supreme Court Reporter S.Ct. KF101.A322 Compact Stacks
    United States Supreme Court Reports, Lawyers' Edition L.Ed., L.Ed.2d KF101.A313

    U.S. Supreme Court cases are on LexisNexis and Westlaw. They are also available on free websites - see links on the Internet Legal Resources page.

    The T.J. Hooper, 60 F.2d 737 (2d Cir. 1932).

    This case has only one party (and the party is a tugboat, not a person!), so the case name is not in the typical form of somebody versus somebody else. Cases involving vessels are often in rem ("against a thing" - that is, naming the vessel as the party, not the owner or the captain or the cook or any person). Other examples of cases with only one party include will disputes (e.g., In re Estate of Green) and attorney discipline cases (e.g., In re Disciplinary Proceeding against Brown).

    F.2d = Federal Reporter, Second Series, a reporter by West (the same company that publishes the regional reporters). (The federal government does not publish an official reporter for the lower federal courts.) The reporters covering the federal courts of appeals and district courts are:

    Title Abbreviation Court(s) Call Number Location
    Federal Reporter F., F.2d, F.3d U.S. Courts of Appeals KF105 .F432 1st & 2d at Compact Stacks
    3d at Reference Area
    Federal Appendix F.App'x U.S. Courts of Appeals, unpublished cases only not available at Gallagher Law Library LexisNexis, Westlaw, and court websites
    Federal Supplement F. Supp. U.S. District Courts KF120.F42 1st at Compact Stacks
    2d at Reference Area
    Federal Rules Decisions F.R.D. U.S. District Courts (selected opinions on civil and criminal procedure) KF8839 .F4 Compact Stacks

    For more information on federal and state court reports, visit the Gallagher guide on Reporters & Digests. Reporters and dates of coverage can also be found in The Bluebook: A Uniform System of Citation, 18th ed. (2005), in Table 1 (T.1), pages 193-242.

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    Retrieving Cases by Citation on LexisNexis & Westlaw

     

    In LexisNexis, use the Get a Document.

    LexisNexis Get a Document screenshot

     

    In Westlaw, use Find by citation (in the left sidebar of most tabs, such as the Law School tab) or Find & Print option. (Clicking "Find & Print" doesn't commit you to printing.)

    Westlaw Find screenshot

    For a case with parallel citations, use just one of the citations. For example, for Garratt v. Dailey, you can use either 49 Wash. 2d 499 or 304 P.2d 681.

    Both systems recognize all the standard citation formats. Both systems are forgiving in how you enter the abbreviations—they will accept Wash. 2d, wash2d, wn.2d, and many other variants.

    When a citation to a print source is available, you use it to cite the case—even if you found and read the case in on online system. Some cases, though, are not available in print reporters, either because they are too recent to have been published or because the courts that decided them designated them "not for publication." You cite those cases like this:

    • Dorsey v. Greyhound Bus Lines, No. Civ.04-116-P-C, 2004 WL 1859792 (D. Me. Aug. 20, 2004).
    • Beal v. Dep't Soc. & Health Servs., No. 29658-6-II, 2004 Wash. App. LEXIS 815 (April 27, 2004).

    The numbers after the case names in these examples are docket numbers - unique file numbers used to identify cases within a court. You can use "Find" (on Westlaw) with a Westlaw citation and "Get a Document" with a Lexis citation to retrieve these cases. Neither system accepts the other system's citations.

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    Identifying the Court That Decided the Case

    To understand the procedural posture and precedential value of a case, you need to know what court decided it. ("Procedural posture" and "precedential value" are the sort of phrases you'll fling around in law school. They might or might not impress your friends in the outside world.) Here is how citations will help you figure out the court:

    Highest Court in a State

    If the citation includes a reporter that is the name of a state, then the case is from that state's highest court (often but not always called the "Supreme Court"). Examples:

    • Garratt v. Dailey, 49 Wash. 2d 499, 304 P.2d 681 (1956) — Supreme Court of Washington
    • Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (1929) — Supreme Court of New Hampshire
    • Goodridge v. Dep't Pub. Health, 440 Mass. 309; 798 N.E.2d 941 (2003) — Supreme Judicial Court of Massachusetts
    • Hynes v. New York Central R.R., 131 N.E. 898, 231 N.Y. 229 (1921) — Court of Appeals of New York

    If the citation does not include a state reporter, the state will be indicated in parentheses, with the date of decision. Examples:

    • Garrett v. Dailey, 304 P.2d 681 (Wash. 1956) - Supreme Court of Washington
    • Escola v. Coca Cola Bottling Co., 150 P.2d 436 (Cal. 1944) - Supreme Court of California

    Lower State Courts

    Sometimes the citation includes a reporter with a title that indicates the court. Examples:

    • Major Prods. Co. v. Northwest Harvest Prods., Inc., 96 Wash. App. 405, 979 P.2d 905 (1999) — Washington Court of Appeals
    • Hernandez v. KWPH Enters., 116 Cal. App. 4th 170, 10 Cal. Rptr. 3d 137 (2004) — California Court of Appeals

    By the way, the California Reporter, a regional reporter, publishes cases from the California Court of Appeals and the California Supreme Court. The Pacific Reporter currently includes cases from the California Supreme Court but not the California Court of Appeals.

    If there is not a reporter title that indicates the court, then the court is indicated in parentheses, with the date of decision. Examples:

    • Yun Ku v. Town of Framingham, 762 N.E.2d 855 (Mass. App. Ct. 2002) — Massachusetts Court of Appeals
    • Williams v. Powell Elec. Mfg. Co., 508 S.W.2d 665 (Tex. Civ. App. 1974) — Texas Court of Civil Appeals

    Federal Courts

    United States Supreme Court: The reporter abbreviation (U.S., S. Ct., or L.Ed.) tells you the case is from the Supreme Court, because those reporters only cover the U.S. Supreme Court.

    Lower Federal Courts: The circuit (for courts of appeal) or district (for the district courts) is indicated in parentheses, with the date of decision. Examples:

    • Center for Biological Diversity v. U.S. Forest Service, 349 F.3d 1157 (9th Cir. 2003) -- 9th Circuit (an appellate case)
    • Seattle Audubon Soc'y v. Lyons, 871 F. Supp.1286 (W.D. Wash. 1994) -- Western District of Washington (a trial-court case)

    LexisNexis citations often include the court; Westlaw citations do not, so the court is indicated in parentheses. Examples:

    • Dorsey v. Greyhound Bus Lines, No. Civ.04-116-P-C, 2004 WL 1859792 (D. Me. Aug. 20, 2004) -- federal district court, District of Maine
    • Beal v. Dep't Soc. & Health Servs., No. 29658-6-II, 2004 Wash. App. LEXIS 815 (April 27, 2004) -- Washington Court of Appeals

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    Finding Books in the Law Library

    When you want to find a book in the Law Library, start your search with the Law Library catalog, found on the Library's website. This online catalog probably works a lot like the online catalog from your undergraduate college or university.

    Catalog on homepage - screenshot

    You may use the catalog from anywhere you have web access.

    Note that Keyword is the default search. A keyword search looks for words and phrases anywhere in catalog records.

    Use the pull-down arrow at the end of the Keyword box to change the search type to look for a specific author, title, subject heading, or call number.

    To find a book in the Library, you need to know its location and its call number.

    catalog record screenshot

    The Location for this book is "Good Reads." Click on the Good Reads link to find out more about this location. The Status "Check Shelves" indicates that the book is currently not check out. You can go to the Good Reads collection and find this book on the shelves there by call number.

    Subject headings are assigned to books by catalogers who look at the books and decide which headings - from a list prepared by the Library of Congress - most closely match a book's topic(s). When you search using subject headings, you are taking advantage of the cataloger's work in examining the books. One way to find more material on the same subject as one book you know is relevant is just to click on the subject heading: it is a hypertext link that will take you into a list of subject headings. Looking at the complete catalog record for Asylum Denied:

    full catalog record screenshot

     

    you will see that several subject headings have been used to describe this book. Click on Human rights -- United States. How many books are listed?

    Analogy for caselaw research: Cases are also assigned subject headings of sorts: the topics and key numbers in the headnotes. In Winter Quarter, you will learn how to use the digest system to take advantage of this indexing.

    For information on checking out books, placing holds on books that other people have checked out, and related topics, visit the Circulation page.

    The catalog's advanced search provides additional options. For instance, if you are looking for outlines (i.e., study aids) on constitutional law that are located in the Reference Area, one search would look like this:

    Catalog search screenshot

    The catalog is a very versatile tool for finding material held by the Law Library. Please ask for help at the Circulation Desk or the Reference Office. The Library staff are experts at using the catalog and finding items.

    Other Catalogs

    As UW students, you also have access to a wealth of other library resources. The University Libraries consist of more than 20 specialty libraries and the main library at Suzzallo. The Law Library's catalog and the UW Libraries' catalog are separate. If you are looking for books on subjects outside of law, use the UW Libraries catalog.

    UW Law WorldCat searches thousands of libraries in addition to the law library and the UW Libraries.

    You can borrow items from the UW Libraries; you can also request items through Summit, a group of almost forty academic libraries in Washington and Oregon.

    Catalog screenshot showing UW Libraries and Summit button

    UW Law WorldCat also can search some indexes of periodicals; choose Advanced Search to see what indexes are available. The UW Libraries has its own version of WorldCat with dozens more indexes. Again, this is helpful if you are looking for materials outside of law.

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    Finding a Law Review Article When You Know the Citation

    Remember how cases are cited? Law review articles also have the volume before the publication abbreviation and then the page number, like this:

    Peter Westen & Jeffrey S. Lehman, Is There Life for Erie after the Death of Diversity?, 78 Mich. L. Rev. 311 (1980).

    To read this article you would need to find volume 78 of the Michigan Law Review. Typically, a volume covers a school year. For example, vol. 78 of the Michigan Law Review includes six issues, from Nov. 1979 to Aug. 1980. When a law review volume is very large, the Library binds it as two books, but you still cite the article by the volume number. Some law journals only publish one or two issues per volume, so the Library binds two or three volumes in one book. Again, you still cite the article by the volume number.

    Where is 78 Mich. L. Rev. shelved in the Library? Is that volume online? (Follow the link from the catalog record.)

     

    Like the Michigan Law Review, hundreds of other law reviews are available on HeinOnline in the portable document format (PDF), often going back many decades or even a century. LexisNexis and Westlaw both have hundreds of law reviews. However, for most journals, their coverage only begins in the 1980s or 1990s. For example, LexisNexis has the Michigan Law Review, but only beginning with volume 81 (1982), so you could not find the above article there. Westlaw also does not have this article; it has selected articles from the Michigan Law Review starting with volume 80, issue number 5 (1982) and full coverage starting with volume 84 (1985).

    In how many online sources can you find the Michigan Law Review?

    For articles that available on LexisNexis or Westlaw, you can use Get a Document (LexisNexis) or Find (Westlaw), just as you can for cases. HeinOnline has a comparable feature called the Citation Navigator.

    HeinOnline Citation Navigator screen

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    Assignment

    Question 1

    Pick a case from one of your casebooks. Choose one from the United States decided after 1900. (The Law Library contains reporters for earlier state and English cases, but let's keep this simple.)

    • Write down the name and citation of the case you picked.
    • What court decided the case?
    • Was it a trial court or an appeals court?
    • What is the legal topic involved (e.g., battery, personal jurisdiction, unjust enrichment)?
    • What class is this case for?
    • Find the case in a regional or federal reporter OR pull it up on LexisNexis (using "Get a Document") or Westlaw (using "Find").
      • Compare the reported version of the case with the version in your casebook. Notice the synopsis and headnotes (one-sentence summaries of points of law) at the start of the case. These are generally not included in casebooks. Was anything else edited out of the casebook version? What?
      • Why do you think the casebook editors made the choices they did?

    Print bonus: If you are using a reporter volume, take a moment to flip to the front of it. Look for reference features like lists of judges and a map of the circuits (in a federal reporter) or a map of the regional reporters (in regional reporters).

    Online note: The Westlaw version will have substantially the same synopsis and headnotes as the regional reporter version. (The regional reporters are published by Thomson West, Westlaw's parent company.) The LexisNexis version will have different editorial features than the West versions.

    Question 2

    Choose a major case from one of your casebooks. (It can be the same case you used in Question 1.)

    • What is the case and its topic?

    Use the Law Library catalog to find books on that topic in the Reference Area. You will probably need to use a broad topic (e.g., "torts") rather than the specific topic of the case ("battery"). Look for books that are national in scope rather than focused on Washington State. You will probably see hornbooks, nutshells, Gilberts, and various other review series. Choose two of the books and find them on the shelf (by call number).

    • Which books did you choose?

    Find relevant passages in the books. Here are possible routes:

    • Check the front and the back for a table of cases. If your case is discussed, it will be listed, with references to page numbers or section numbers in the book.
    • If the book has an index, look up the topic.
    • Skim the table of contents to see where your topic fits.

    Skim the passages you have found and write some comments comparing the two books. (For example: What sort of discussion is there? Is it a brief outline? Is it scholarly and filled with footnotes? Is it easy for you to read? Are you likely to use a book like this to study for class?)

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    Beginning of Life

     

    Updated by Anna Endter (2014).

    Most recent update for: Law H508 Beginning of Life: Rights & Choices

    See also these related Gallagher guides:

    Note: Some databases noted below are UW Restricted.


    Introduction

    Legal issues in connection with beginning of life rights and choices are found in many areas of the law. Laws, regulations, and policies implicate issues such as contraception, reproduction (including issues such as surrogate parenthood, sperm and egg donation, in vitro fertilization, etc.), abortion, and genetic technologies (including issues such as cloning and stem cell research).


    Secondary Sources

    Secondary sources are a great starting point, particularly in the area of health law. Secondary sources introduce a topic, provide an overview of the law, and offer analysis and commentary helpful to the legal researcher's understanding of an area of law. Secondary sources also provide references to relevant primary authority, including federal and state statutes, cases (court opinions), and administrative regulations.

    Examples of secondary sources include books, articles, legal encyclopedias, treatises, and attorney practice materials.

    Articles

    Law review articles and legal periodicals are available from a number of sources. You can find starting points at the Gallagher Law Library home page under Selected Databases. When you are working off-campus, remember to login with your NetID and password before accessing the following UW Restricted databases:

    • LegalTrac: A searchable index of more than 1,500 major law reviews, legal newspapers, specialty publications, and bar association journals; some full text
    • LexisNexis Academic (non-law students): A searchable database of news, legal information (federal and state cases, statutes, codes, and regulations; Shepard's) and legal reference aids
    • LexisNexis or Westlaw (law students)
    • HeinOnline: A searchable database of legal materials available in PDF format

    Scholarly articles from other disciplines:

    Legal Newsletters

    BNA publishes the Health Law Resource Center, a resource for news, short commentary, and legal analysis, addressing important issues affecting the health care industry. BNA is accessible to School of Law faculty, students, and staff, as well as visitors to the Gallagher Law Library using a Legal Research computer terminal.  BNA Health Law resources are also available on Bloomberg for UW Law faculty and students.

    Search Tip:

    • You can find BNA on the Gallagher Law Library home page under Selected Databases. Select the Health Law Resource Center, and search by beginning of life topics using relevant keywords.
    • You can also find Bloomberg under Selected Databases.  Select Practice Centers and then Health.

     


    Primary Legal Materials

    There are many resources for locating primary law. Use the Gallagher guide Free Law Online / Internet Legal Resources, Basic Legal Research, Statutory Research Checklist and Caselaw Research Checklist as starting points.

     

    Law & Policy Resources


    Websites

    General / Bioethics

    Research Guide

    Organization Websites

    Blogs


    Infertility / In Vitro Fertilization / Sperm Banks / Surrogacy

    Infertility & In Vitro Fertilization


    Sperm Banks

    Surrogacy

    Blogs

    • Related Topics (by Seattle University professor Julie Shapiro -- a wide-ranging blog about family law, starting "with questions of parentage–who are the parents of a child. It’s not as simple as it seems. But it is a terribly important one.")

    Cloning


    Abortion / Contraception / Women's Health

    Blogs


    Adoption

    Blog


    Stem Cell Research

    Blogs


    Intersex

    Oregon State Constitution

    Nov. 2, 2011: updated June 15, 2016

    People researching the Washington State constitution often need to explore the Oregon constitution, since the Washington drafters were strongly influenced by the older state to the south. And so, to complement our guide, Washington State Constitution: History, this guide gathers some material about Oregon's constitution.

    Primary Sources

    Oregon Constitution, 1857 (Oregon State Archives)

    Oregon Constitution (current) (Oregon Legislature)

    Journal of the Constitutional Convention of the State of Oregon (1882) (130 p.) Google Books, catalog record

    The Oregon Constitution and Proceedings and Debates of the Constitutional Convention of 1857 (Charles Henry Carey ed., 1926), catalog record

    Oregon State Archives, Crafting the Oregon Constitution: Framework for a New State (online exhibit)

    Secondary Sources

    General

    Claudia Burton & Andrew Grade, A Legislative History of the Oregon Constitution of 1857 – Part I (Articles l and II), 37 Willamette L. Rev. 469 (2001), HeinOnline (UW restricted), catalog record

    Claudia Burton, A Legislative History of the Oregon Constitution of 1857 – Part II (Frame of Government: Articles III-VII), 39 Willamette L. Rev. 245 (2003), HeinOnline (UW restricted); Willamette Law Review site (introduction only)

    Claudia Burton, A Legislative History of the Oregon Constitution of 1857 – Part III (Mostly Miscellaneous: Articles VIII-XVIII), 40 Willamette L. Rev. 225 (2003), HeinOnline (UW restricted); Willamette Law Review site (introduction only)

    Hon. Jack L. Landau, History and Interpreting the Oregon Constitution: A Guide for the Perplexed (April 2005) (paper linked from Oregon Constitutional Newsletter, July 2005)

    Ralph James Mooney, Remembering 1857, 87 Or. L. Rev. 731 (2008) (part of symposium issue)

    David Schuman, The Creation of the Oregon Constitution, 74 Or. L. Rev. 611 (1995), HeinOnline (UW restricted)

    Topics

    Paula Abrams, The Majority Will: A Case Study of Misinformation, Manipulation, and the Oregon Initiative Process, 87 Or. L. Rev. 1025 (2008) (part of symposium issue)

    Thomas A. Balmer, Some Thoughts on Proportionality, 87 Or. L. Rev. 783 (2008) (part of symposium issue)

    Thomas A. Balmer, "Does Oregon's Constitution Need a Due Process Clause? Thought on Due Process and Other Limitations on State Action, 91 Wash. L. Rev. Online 157-76 (2016)

    Richard A. Clucas, The Oregon Constitution and the Quest for Party Reform, 87 Or. L. Rev. 1061 (2008) (part of symposium issue)

    Stephanie N. Davenport, Note, Oregon Steps into the Breach: The Recognition of a Right to Petition in Privately Owned Shopping Centers under Article IV, Section I of the Oregon Constitution, 30 Willamette L. Rev. 195 (1994), HeinOnline (UW restricted)

    Ronald W. Messerly, Development in the Law, Development of the Right to Exclude Illegally Seized Evidence in Oregon under Article 1, Section 9 of the Oregon Constitution, 25 Willamette L. Rev. 697 (1989), HeinOnline (UW restricted)

    Paul A. Diller, The Partly Fulfilled Promise of Home Rule in Oregon, 87 Or. L. Rev. 939 (2008) (part of symposium issue)

    Carl Hostick, Financial Provisions of the Oregon Constitution, 67 Or. L. Rev. 105 (1988), HeinOnline (UW restricted)

    Susan M. Johnson, Measure for Measure: Amendment and Revision of the Oregon Constitution, 74 Or. L. Rev. 1065 (1995), HeinOnline (UW restricted)

    Jack L. Landau, The Search for the Meaning of Oregon's Search and Seizure Clause, 87 Or. L. Rev. 819 (2008) (part of symposium issue)

    Hans A. Linde, What Is a Constitution, What Is Not, and Why Does It Matter?, 87 Or. L. Rev. 717 (2008) (part of symposium issue)

    Roy Pulvers, Separation of Powers under the Oregon Constitution: A User's Guide, 75 Or. L. Rev. 443 (1996), HeinOnline (UW restricted)

    David Schuman, Oregon's Remedy Guarantee: Article I, Section 10 of the Oregon Constitution, 65 Or. L. Rev. 35 (1986), HeinOnline (UW restricted)

    Pete Shepherd, One Hundred Fifty Years of Electing Judges in Oregon: Will There Be Fifty More?, 87 Or. L. Rev. 907 (2008) (part of symposium issue)

    Timothy W. Snider, Comment, A Rational Basis for Rational Basis Review under Article I, Section 20 of the Oregon Constitution, 39 Willamette L. Rev. 1215 (2003), HeinOnline (UW restricted), Willamette Law Review site (first 4 pages only)

    Darin E. Tweedt, Validity of Legislative Restrictions on Abortion under the Oregon Constitution, 65 Temple L. Rev. 1349 (1992), HeinOnline (UW restricted)

    Norman R. Williams, Direct Democracy, the Guaranty Clause, and the Politics of the “Political Question” Doctrine: Revisiting Pacific Telephone, 87 Or. L. Rev. 979 (2008) (part of symposium issue)

    Robert F. Williams, Should the Oregon Constitution Be Revised, and If So, How Should It Be Accomplished?, 87 Or. L. Rev. 867 (2008) (part of symposium issue)

    Law School Exams

    This guide has moved to http://guides.lib.uw.edu/law/exams. Please update your links.

    Seattle Hosts the World Trade Organization: 1999

    Return to Legal Research Guides

    Summary

    Seattle hosted the Third Ministerial Conference of the World Trade Organization November 30 to December 3, 1999. A large number of organizations protested at the conference. As representatives, observers, and journalists from more than 150 countries converged at the Washington State Convention and Trade Center for the meetings, an unusually organized front of protesters succeeded in significantly disrupting the proceedings. The police response to the protest--often utilizing tear gas--made news around the world.

    This guide identifies some of the significant resources about that meeting and the resulting protest.


    Historical Resources

    30 Frames a Second: The WTO in Seattle (2000)The WTO History Project is the result of a collaboration between several units of the University of Washington. The website contains a timeline of the 1999 events, organizations, interviews with organizers and participants, and photographs of protestors' signs, leaflets, posters, and other material.

    The City of Seattle formed a WTO Accountability Review Committee following the show of police force and the negative attention that it attracted. The findings of the review committee--including public comments, eyewitness interviews, and reports--has been archived.

    The ACLU of Washington also published a special report in July of 2000 addressing the inadequacies of the city's response.Out of Control: Seattle's Flawed Response to Protests Against the World Trade Organization, July 2000


    Participants Viewpoints

    The World Trade Organization’s website includes extensive information on the issues addressed at the meeting. In addition to bananas, hormone-treated beef, and liquefied petroleum gas, the WTO dealt with the broader issues of development, dispute resolution, electronic commerce, the environment, goods and services, government procurement, intellectual property, and trade policy. Online documents include annual and committee reports, formal notifications, guides, press releases, statistics, and the text of Uruguay Round Agreements.

    Some of the organizations that objected to the trade organization’s policies and impact were:The Battle in Seattle (2007)


    Documentaries

    The protests and riots became the subject of two documentaries.


    WTO Research Resources

    For a thorough research guide to WTO and the General Agreement on Tariffs and Trade (GATT), see NYU Law’s LibGuide on WTO & GATT Research. It includes links to many books and articles, official documents, schedules and tariffs, as well as current news.

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    Indian & Tribal Law Research

    Updated July 22, 2015

    Prepared by Mary Whisner. Contributions by Kelly Aldrich and Carissa Vogel.

    This guide lists sources for Indian law research. It is limited to Indian law in the United States. All call numbers are for the Gallagher Law Library unless otherwise noted.

    A PowerPoint presentation on Indian law research is here.


     

    UW Links

    Native American Law Center

    Tribal Court Public Defense Clinic

    UW American Indian Studies Department

    UW Libraries American Indian Studies research guide

    UW Libraries Native American History research guide

     


     

     

    FINDING AIDS

    Research Guides & Bibliographies

    Guides (good introductions)

    Penny A. Hazelton, Indian Law Research in Washington, in Washington Legal Researcher's Deskbook 3d at 211 (2002). KFW75.W37 2002 at Reference Area & Reference Office

    • Includes an overview of federal Indian policy and Indian law terminology (e.g., "Indian Country," "federal trust responsibility").
    • Focuses on Washington State.

    Another good introduction to Indian law research is the two-part guide from the National Indian Law Library (updated Sept. 2007).

    For tribal law, see 'Whatever Tribal Precedent There May Be': The (Un)Availability of Tribal Law, Law Libr. J. (forthcoming), available at http://ssrn.com/abstract=2308056.

    Bibliographies

    These titles list sources and generally provide less of an overview of the field than the two guides listed above.

    Marilyn K. Nicely, Annotated Bibliography of Federal and Tribal Law: Print and Internet Sources (April 2003).

    Nancy Carol Carter, American Indian Law: Research and Sources, Legal Reference Services Q., Winter 1984/85, at 7.

    Nancy Carol Carter, American Indian Tribal Governments, Law, and Courts, Legal Reference Services Q., 2000 no. 2, at 7.

    Indian Land Titles (last modified March 21, 2006).

    Rory SnowArrow Fausett & Judith V. Royster, Courts and Indians: Sixty-Five Years of Legal Analysis: Bibliography of Periodical Articles Relating to Native American Law, 1922-1996, 7 Legal Reference Services Q., Issues 2-4, 1987, at 107.

    Delores A. Jorgensen & Barbara B. Heisinger, A Bibliography of Indian Law Periodical Articles Published 1980-1990. KF8201.A1J67 1992 at Reference Office

    Brandon Burnette, Annotated Bibliography of Native American History from United States Federal Documents: Print and Online Resources (2012)

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    Library Catalogs

    Gallagher Law Library

    • Law Library only searches just books and other material in the law library.
    • UW Law WorldCat includes material from other libraries and article citations from selected indexes.

    UW Libraries catalog. History, anthropology, and other fields can be useful for Indian law researchers. UW WorldCat includes material from libraries and article citations from dozens of indexes. Used Advanced Search to specify certain indexes.

    National Indian Law Library / Native American Rights Fund
    Catalog: "The collection consists of Native American legal materials ranging from books and journal articles to tribal self-governance documents such as tribal codes and constitutions. Many of the records in the catalog contain abstracts and table of contents that provide detailed information about the document. The NILL catalog is updated on a regular basis."

    Tip: This catalog can help you find materials not listed in ordinary library catalogs, such as individual cases and pleadings. Sometimes you will then be able to locate the material here.

     


     

    Directories

    General: Native Americans Information Directory. E76.2N37 1998 at Reference Office

    Tribes & Reservations

    Bureau of Indian Affairs, Tribal Leaders Directory

    Bureau of Indian Affairs, Tribal Websites directory

    National Congress of American Indians, Tribal Directory. Includes some tribes that have state recognition but lack federal recognition.

    University of Oklahoma Law Center, American Indian Tribal/Nation Home Pages

    U.S. Dep't of Commerce, Economic Development Administration, American Indian Reservations and Trust Areas. E98.A54 1996 at Reference Office

    American Indian, Alaska Native Directory for Western Washington & the Puget Sound. E76.2.W3 A5 1997-98 at Reference Office

    Governor's Office of Indian Affairs, Washington State Tribal Directory.

    Washington State Yearbook, annual. K9230.W38 at Reference Area & Reference Office
    Includes a list of Washington Indian tribes (with a map of reservations).

    American Indian Heritage Foundation directory of federally recognized tribes.

    Tribal Courts

    United States Tribal Courts Directory, 2d ed. KF8224.C6S39 2008 at Reference Office

    Washington State Courts, Washington Tribal Courts

    Indian Court Judges Directories. KF8224.C6D5 1991 at Reference Office

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    Websites

    Aboriginal Connections is a searchable annotated web directory related to indigenous peoples worldwide. Links to sites concerning U.S. Indian Law are here.

    Montana Indian Law is a comprehensive portal to the laws of Montana tribes, including treaties, tribal codes, tribal council resolutions, and tribal court decisions.

    University of Washington School of Law Native American Law Center; selected links.

    Washington Governor's Office of Indian Affairs links to state, tribal, and federal resources.

    University of Washington Libraries digital collection, American Indians of the Pacific Northwest. "The digital databases includes over 2,300 original photographs as well as over 1,500 pages from the Annual Reports of the Commissioner of Indian Affairs to the Secretary of the Interior from 1851 to 1908 and six Indian treaties negotiated in 1855. Secondary sources include 89 articles from the Pacific Northwest Quarterly and 23 University of Washington publications in Anthropology."

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    HeinOnline Collection

    HeinOnline

    The Law Library subscribes to HeinOnline's American Indian Law Collection (UW Restricted). This collection, released in Oct. 2011, now includes "more than 900 unique titles and more than 900,000 pages dedicated to American Indian Law." This guide lists HeinOnline sources throughout.

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    SECONDARY SOURCES

    Basic Information

    Washington LawHelp has information for the public under the Native American Law heading. Topics include discrimination and economic development, government benefits,  the Indian Child Welfare Act, treaty rights, tribal acknowledgement, tribal law, and tribal land issues.

    Jack Utter, American Indians: Answers to Today's Questions (2d ed. 2001). E93.U88 2001 at Reference Office

    Lindsay G. Robertson, Native Americans and the Law: Native Americans Under Current United States Law (2001).

     


     

    Treatises, Study Aids

    Cohen's Handbook of Federal Indian Law (2012 ed.). Reference Area KF8205.C6 2012, available on LexisNexis and LexisNexis Academic (choose Sources > Find Sources, then search for cohen's). Comprehensive treatise prepared by leading scholars. Publisher's page, including detailed tables of contents, is here.

    Previous editions

     

    William C. Canby, American Indian Law in a Nutshell (5th ed. 2009). KF8205.Z9C36 2004 at Reference Area

    David S. Case & David A. Voluck, Alaska Natives and American Laws (2d ed. 2002). Reference Area E78.A3 C37 2002

    Conference of Western Attorneys General, American Indian Law Deskbook (4th ed. 2008 and supps.). Classified Stacks KF8205 .A76 2008

    Encyclopedia of United States Indian Policy and Law (Paul Finkelman & Tim Alan Garrison eds., 2009). Classified Stacks KF8205 .E525 2009. Includes history, politics, sociology.

    Matthew L. M. Fletcher, American Indian Tribal Law. Classified Stacks KF8205 .F54 2011. Publisher's page.American Indian Tribal Law cover

    Carrie E. Garrow & Sarah Deer, Tribal Criminal Law and Procedure (2004). Classified Stacks KF8210.C7 G37 2004

    Indian Law Stories (Carole Goldberg et al. eds., 2011). Reference Area KF8205.A2 I535 2011. 17 articles by scholars and practitioners discuss notable cases, including context, participants, and subsequent impact. Catalog record includes list of chapters.

    Stephen L. Pevar, The Rights of Indians and Tribes (4th ed. 2012). Reference Area, Classified Stacks KF8210.C5 P48 2012

    Justin B. Richland & Sarah Deer, Introduction to Tribal Legal Studies (2d ed. 2010). Classified Stacks KF8205 .R53 2010

    Kaighn Smith, Jr., Labor and Employment Law in Indian Country (2011). Classified Stacks KF8220 .S65 2011.Labor and Employment Law in Indian Country cover





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    Law Journal Articles, Historic Books and Reports

    HeinOnline's American Indian Law Collection (UW Restricted) includes hundreds of law journal articles. Books and reports include works as diverse as these:

    For more law journals articles, search LegalTrac (index with some full-text articles) or full-text databases in LexisNexis, Westlaw, HeinOnline, and Bloomberg Law.

     


     

    Looseleaf Reporter

    Indian Law Reporter. KF8201.A315 at Reference Area (A second set covering 1974-91 is at Classified Stacks.)
    Includes cases on Indian law from federal, state, and tribal courts. Covers 1974-date. The National Indian Law Library has prepared a subject index to all of the tribal court cases in the Indian Law Reporter starting with Volume 2 (1974).

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    Continuing Legal Education Materials

    The University of Washington School of Law hosts the annual Western Regional Indian Law Symposium. The printed CLE materials are found at KF8224.C6W47 at Classified Stacks & Reference Area Microfiche. Indexes to the materials cover statutes, cases, tribes, and subjects discussed.

     

    Ralph W. Johnson Bibliography

    University of Washington Law School professor Ralph Johnson was a noted Indian law scholar and advocate. He founded the UW's Native American Law Center. A bibliography of his publications is here. A profile by David W. Getches is at 72 Wash. L. Rev. 995 (1997), available on HeinOnline (UW Restricted).

     

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    News Sources

    American Indian Quarterly (Westlaw AIQ, 3/2000-)

    Cherokee Phoenix and Indian Advocate (Westlaw CHERPINDA, 3/2000-)

    Indian Country Today (Oneida, NY) (Westlaw INDCTRYTYNY, 12/2001-)

    Indian Country Today (Rapid City, SD) (Westlaw INDCTRYTYSD, 5/1997-12/2001)

    Indian Country Today Media Network (website)

    Native American Times (Tahlequah, OK). Website includes Oklahoma Native Times (monthly magazine).

    Navajo Times (Westlaw NAVAJOTMS, 1/2000-), Navajotimes.com

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    PRIMARY SOURCES

    Treaties

    Treaties, General

     


    Photo of Indians and white solders in front of tepee

    Photograph of a treaty signing by William T. Sherman and the Sioux at
    Fort Laramie, Wyoming, photographed by Alexander Gardner, 1868.
    From National Archives American Indian Select List number 30.)

    Most treaties between the United States and Indian tribes were compiled in volume 7 of United States Statutes at Large; some treaties are in volumes 1-16.

    Treaties are compiled in Charles J. Kappler, ed., Indian Affairs: Laws and Treaties. This set is commonly referred to as "Kappler." KF8203 1903 at Reference Area

    • 7-vol. set, plus 1975 supplement
    • Volume 2 reprints U.S. Government treaties with Native Americans from 1778 to 1883.
    • Volumes 1 and 3-7 contain U.S. laws and executive orders concerning Native Americans from 1871-1970.

    Online editions, which can be searched and browsed, include:

    Westlaw's FNAM-EXEC file includes ratified and unratified treaties.

    Who was Kappler? See 61 Law Libr. J. 314-316, available on Hein Online (UW Restricted).

    See also Statutory Compilation of the Indian Law Survey: A Compendium of Federal Laws and Treaties Relating to Indians (Felix S. Cohen ed., 1940) covers 1776-1938. KF8202 1940 at Compact Stacks. Available on HeinOnline (UW Restricted).

    The University of Nebraska-Lincoln has digitized a collection of Early Recognized Treaties with American Indian Nations, which supplements the treaties found in Kappler.

    Other finding aids include:

    • List of Indian Treaties (Committee print). KF8201.A55I57 1964 at Reference Office. Available on HeinOnline (UW Restricted).
      Treaties are listed by date and in alphabetical listing.
    • A Chronological List of Treaties and Agreements Made by Indian Tribes with the United States. KF8202.A73 I572 at Reference Office
    • Charles D. Bernholz, Kappler Revisited: An Index and Bibliographic Guide to American Indian Treaties. KF8203 2003 at Classified Stacks
    • Governor's Office of Indian Affairs, Treaties
    • Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty. KF8203.6.T74 2008 at Reference Area

     

    Treaties with Indian tribes in Washington State include:

    Treaty of Point Elliott, 12 Stat. 927 (1855), 2 Kappler 669. Also called "Treaty with the Dwamish &c. Indians" or "Treaty with the Dwamish, Suquamish, etc." It was signed by (or signed with the "mark" of) representatives of fifteen tribes or bands, including the Lummi and the Skagit tribes. image of manuscript treaty

    (The first page of the Point Elliott treaty is pictured here. Image from Washington Secretary of State.)

    Treaty of Medicine Creek, 10 Stat. 1132 (1854), 2 Kappler 661. Also called "Treaty with the Nisquallys, &c."

    Treaty of Point No Point, 12 Stat. 933 (1855), 2 Kappler 674. Also called "Treaty with S'Klallam."

    Treaty of Neah Bay, 12 Stat. 939 (1855), 2 Kappler 682. This is the treaty with the Makah Tribe. Sometimes known as the Stevens Treaty, because it was signed by Gov. Isaac Stevens.

    Treaty with the Yakama Nation, 12 Stat. 951 (1855), 2 Kappler 698.

    Treaty of Olympia, 12 Stat. 971 (1855), 2 Kappler 719. "Treaty between the United States and the Qui-nai-elt and Quil-leh-ute Indians."

    Treaty with the Walla Walla, 12 Stat. 945 (1855), 2 Kappler 694.


    Treaty Proceedings - Transcripts and Documents

    U.S. National Archives, Documents Relating to the Negotiation of Ratified and Unratified Treaties with Various Tribes of Indians 1801-69. Available on HeinOnline (UW Restricted) and at the UW's Suzzallo Library's Microform Collection (Microfilm A8207). Included in this collection are handwritten transcripts of the treaty negotiations/proceedings.

    Consists of 10 microfilm reels, containing the following:

    1. Introduction and ratified treaties, 1801-26
    2. Ratified treaties, 1827-32
    3. Ratified treaties, 1833-37
    4. Ratified treaties, 1838-53
    5. Ratified treaties, 1854-55
    6. Ratified treaties, 1856-63
    7. Ratified treaties, 1864-68
    8. Unratified treaties, 1821-65
    9. Unratified treaties, 1866-67
    10. Unratified treaties, 1868-69

    Hint: The best way to find the underlying treaty proceeding documents for a particular tribe's treaty is to focus on the date it was signed and whether it was ratified. For instance, Treaty of Neah Bay (the Makah Treaty) was signed on January 31, 1855, and it was ratified, so the underyling treaty proceedings can be found on Reel 5.

    Western Washington Treaty Proceedings. KFW505.6.T7L38 1977 at Classified Stacks
    Includes a copy (typewritten) of the official transcript - covering the period from December 7, 1854, through January 26, 1855 - of the Stevens Treaty Commission in Western Washington.

    The transcript of the proceedings for the Treaty of Point No Point was excerpted in Pacific Northwest Quarterly (Charles M. Gates, ed., The Indian Treaty of Point No Point, Pac. Nw. Q., April 1955, at 54).

    Western Washington University's Center for Pacific Northwest Studies includes in its Northwest Ethnohistory Collection a number of materials relating to Native American tribes of the Pacific Northwest, treaty papers among them.

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    Tribal Codes

    Separately published codes available at the Gallagher Law Library or on the Internet include:

    Tribes in Washington State:

    • Colville Tribal Law & Order Code. KF8228.C844A5 2005 at Classified Stacks & Internet
    • Jamestown S'Klallam Tribal Code. Internet
    • Kalispel Tribe Law and Order Code. Internet
    • Lummi Nation Code of Laws. Internet
    • Makah Law and Order Code. Internet
    • Nisqually Tribal Code, 2003. Internet
    • Puyallup Tribe of Indians Laws. Internet
    • Quinault Tribal Code. KF8228.Q6A5 1991 at Classified Stacks
    • Sauk-Suiattle Indian Tribe ordinances and codes. Internet
    • Sauk-Suiattle Indian Tribe Law and Order Code. KF8228.S228 A5 at Classified Stacks & Internet
    • Skokomish Tribal Code. KF8228.S64A5 2003 at Classified Stacks & Internet
    • Snoqualmie Tribal Code. Internet
    • Squaxin Island Tribal Code. Internet
    • Suquamish Tribal Code. KF8228.S85A5 1991 at Classified Stacks  (print); KF8228.S85 A5 1991 2003 at Classified Stacks (CD ROM, current through Resolution 2003-107)
    • Swinomish Tribal Code. Internet
    • Tulalip Ordinances & Codes. Internet
    • Yakama Nation Revised Law and Order Codes. KF8228.Y3 A5 2000 at Classified Stacks

     

    Other Tribes:

    • Cherokee Nation Code Annotated. KF8228.C5A5 1993 at Classified Stacks
    • Navajo Nation Code Annotated. KF8228.N3 A5 2005  at Classified Stacks

    For other tribes, search the Law Library catalog for keywords: trib* and code. Note that some tribal codes do not use the word "tribe" or "tribal" in their titles, so you should also search by the tribe's name, e.g., Cherokee Nation, Mille Lacs Band.

    Additional (out-of-date) tribal codes are available in two older microfiche compilations published by the Gallagher Law Library:

    • Ralph W. Johnson, ed., Indian Tribal Codes: A Microfiche Collection of Indian Tribal Law Codes (1988). KF8220.I57J6 1988 at Reference Area. Includes codes from 61 tribes.
    • Ralph W. Johnson, ed., Indian Tribal Codes: A Microfiche Collection of Indian Tribal Law Codes (1981). KF8220.I57J6 at Reference Area. Includes codes from 59 tribes.

    The originals of the codes in the microfiche sets are at the National Indian Law Library.

    Collections of tribal codes on the Internet are available at the Native American Constitution and Law Digitization Project at the University of Oklahoma

     

    Access Through National Indian Law Library

    The National Indian Law Library offers different ways to find tribal codes.

    1. Search the catalog.

    Advanced search lets you select Type = codes

    If you don't include anything else, then result is all the codes
    in the library's collection (including electronic sources).

    screen shot from NILL catalog

     

    2. Use NILL's custom search, covering all electronic codes in NILL's
    collection plus the tables of contents of print codes

    screen shot from NILL

     

    3. Use NILL's Tribal Law Gateway, listing tribal law materials by tribe.

    NILL's list of tribal law by tribe

     

    Montana Tribes:

    Montana Indian Law is a comprehensive portal to the laws of Montana tribes. Includes Assiniboine & Sioux, Blackfeet, Chippewa Cree, Confederated Salish & Kootenai, Crow, Fort Belknap, Little Shell, and Northern Cheyenne.

    LexisNexis also has a collection of Montana tribal code: Blackfeet, Chippewa-Cree, Crow, Ft. Belknap, Ft. Peck, Northern Cheyenne, Salish & Kootenai. Path: Area of Law - By Topic > Native American Law > Find Statutes & Legislative Materials > By State > Montana Tribal Codes, Constitutions and Court Rules.

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    Tribal Constitutions and Charters

    Tribal constitutions are often included in tribal codes. For separately published constitutions, search the Law Library catalog.

    For constitutions on the web, see:

    The Library of Congress has a digital collection American Indian Constitutions and Legal Materials, grouped by region:

     

    George Emory Fay,Charters, Constitutions and By-Laws of the Indian Tribes of North America (1967-1981), KF8220.A75 C55. Available on HeinOnline

    HeinOnline's American Indian Law Collection includes many constitutions and by-laws separately published by the Office of Indian Affairs. Materials from tribes in Washington State include:

     

    HeinOnline and the Library of Congress offer many of the same documents, so why list both sets here? HeinOnline has better searching options, but it is a licensed database and is only available to subscribers (including the UW). Access to the Library of Congress digital collection is free.

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    Tribal Courts

    For information about tribal courts, see:


    Selected tribal court cases are reported in:

    • Indian Law Reporter (1974-date), KF8201.A315 at Reference Area (A second set covering 1974-91 is at Classified Stacks.)
      • topical index to tribal court decisions in Indian Law Reporter, from National Indian Law Library. You can browse by topic or search for keywords within the index.
    • West's American Tribal Law Reporter (1997-date), KF8204.5 .W47 at Reference Area
    • Tribal Court Appellate Decisions: Northwest Intertribal Court System (v. 1-5) and Tribal Appellate Court Opinions: Northwest Regional Appellate Courts (v. 6- ), KF8220.A515 at Reference Area (1988-date). The most recent opinions (later than bound volumes) are here.

    In addition, some tribal courts' decisions are available on LexisNexis, VersusLaw, or Westlaw. The cases from VersusLaw are also available, free, from the Tribal Court Clearinghouse.

    Chart of Tribal Court Coverage

    There is no comprehensive source for all tribal court decisions. This chart lists by tribe which sources cover at least some of its cases.

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    Federal Laws

    Statutes

    For session laws, see the collection in Kappler, Indian Affairs: Laws and Treaties.

    Most laws relating to Indians are codified in Title 25 of the United States Code. Earlier editions of 25 U.S.C. (1925-date) are available on HeinOnline (UW Restricted).

    See also Statutory Compilation of the Indian Law Survey: A Compendium of Federal Laws and Treaties Relating to Indians (Felix S. Cohen ed., 1940) covers 1776-1938. KF8202 1940 at Compact Stacks. Available on HeinOnline (UW Restricted).

    Selected laws relating to Native Americans are listed by the Center for Regulatory Effectiveness.

    Tribal Law and Order Act of 2010: see Indian & Tribal Law: Special Topics.

    Legislative History

    The National Indian Law Library's links for Federal Legislation and Legislative History are useful. Thomas is especially good for legislation currently under consideration. HeinOnline (UW Restricted). includes 23 legislative histories of federal Indian law statutes.

    Executive Orders and Proclamations

    • Executive Orders Relating to Indian Reservations 1855-1902. KF6015.A5F4 at Classified Stacks
    • Available on LexisNexis: Area of Law By Topic > Native American Law > Administrative Materials & Regulations > Executive Order[s] Pertaining to Native American People, from 1854.
    • Available on LexisNexis: Area of Law By Topic > Native American Law > Administrative Materials & Regulations > Presidential Proclamations Pertaining to Native American People, from 1879.
    • Available on Westlaw: FNAM-EXEC. Contains executive orders and proclamations.

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    Federal Agencies

    Regulations

    Most regulations relating to Indians are codified in Title 25 of the Code of Federal Regulations.

    Earlier editions of 25 C.F.R. (1938-date) available on HeinOnline (UW Restricted).

    The National Indian Law Library issues an Indian Law Bulletin - U.S. Regulatory Information, with news about recently issued notices and proposed regulations.

    Solicitor General Opinions

    Opinions of the Solicitor of the Department of the Interior Relating to Indian Affairs, 1917-1974, KF8204 1979 at Reference Area.

     

    Opinions from 1993 to date are on the Department of Interior's website.

    Interior Board of Indian Appeals

    Decisions of the United States Department of the Interior. KF5603.3.A2 at Reference Area

    • This set prints decisions from the Interior Board of Land Appeals, Interior Board of Indian Appeals, and Interior Board of Contract Appeals.
    • It also includes selected Solicitor General opinions, some of which concern Indians, e.g., "The Scope of Indian preference Under the Indian Reorganization Act, 6/10/88, 96 I.D. 1.
    • With variations in the title, covers 1909-94 (publication ceased in 1994)..
    • Note that there are separate tables for Decisions and Opinions.
    • Available on HeinOnline (UW Restricted).
    • Available on LLMC Digital Retrieve by citation.
    • Available on LexisNexis: Area of Law By Topic > Native American Law > Cases and Court Rules > Department of Interior Board of Indian Appeals Decisions.
    • Available on Westlaw: FNAM-IBIA, from 1970.

    Sarch the LLMC Digital collection of executive department materials, including Interior decisions.

    Bureau of Indian Affairs

    The BIA website links to a variety of federal agency sites concerning Indian issues.

    (The BIA's site was very limited for several years because of a pending lawsuit, Cobell v. Norton, a case challenging BIA's management of Indian trust funds. In May 2008 a court order enabled BIA to restore content to the site.)

     

    U.S. Indian Claims Commission

    Decisions (1948-78)

    Indexes to Decisions

    • United States Indian Claims Commission Final Report (1979) includes an index to all of the decisions through the Commission's close in 1978. KF8208.A56 1979 at Reference Area
    • Native American Rights Fund, Index to Indian Claims Commission Decisions (covers to 1976). KF8208.A55U52 at Reference Area
    • Norman A. Ross, ed., Index to the Decisions of the Indian Claims Commission (covers to 1973). KF8208.A55U525 at Reference Area

    Expert Testimony

    • Norman A. Ross, ed., Index to Expert Testimony Before the Indian Claims Commission: The Written Reports. KF8208.A58R67 1973 at Reference Area
    • Expert Testimony Before the Indian Claims Commission, microfiche set available at Suzzallo Library (Microforms Newspapers, Microfiche M-436).

    Legislative History

    Robert W. Barker & Alice Ehrenfeld, comps., Legislative History of the Indian Claims Commission Act of 1946. KF8208.A31A162 at Reference Area Microfiche

    Archives

    The Indian Claims Commission's original records are held by the National Archives and Records Administration.

    Other Federal Agencies

    The BIA website links to a variety of federal agency sites concerning Indian issues.

    The Internal Revenue Service has "Tax Information for Indian Tribal Governments."

    National Indian Gaming Commission.

    FirstGov's For Tribal Governments and Native Americans page links to federal websites for information on education, jobs, and economic development; family and health; housing; land and the environment; legislative and legal resources; and other resources.

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    Federal and State Cases

    Many federal and state cases are published in the Indian Law Reporter, KF8201.A315 at Reference Area (A second set covering 1974-91 is at Classified Stacks.)

    Westlaw collects federal Indian law cases into special databases: FNAM-SCT (Supreme Court), FNAM-CTA (Courts of Appeals), FNAM-DCT (district courts), and all of those together (FNAM-CS). For state cases, use state databases (e.g., WA-CS) and the Indians topic (TO(209)).

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    SPECIAL TOPICS (criminal law, gaming, tax)

    See this page for material on special topics within Indian law, such as criminal law, gaming, and tax

    Researching Judicial Clerkship Opportunities

    Updated May 22, 2012 (minor update Feb. 22, 2014)
    Prepared by Mary Whisner. Updated by Mary Whisner, Alena Wolotira, & Sherry Leysen (2012).

    This guide covers U.S. (federal), Washington State, and other state court clerkships.

    UW Law logo

     

    University of Washington School of Law Judicial Clerkships Program

    Note: Some databases noted below are UW Restricted.

    General Information

    What do law clerks do? How do I get a clerkship?

    Aliza Milner, Judicial Clerkships: Legal Methods in Motion (2011).

    KF8771 .M55 2011 at Reference Area.

    JudCleLegMet.JPG

    Mary L. Dunnewold, Beth Honetschlager, & Brenda L. Tofte, Judicial Clerkships: A Practical Guide (2010).

    KF8807 .D6 2010 at Classified Stacks.

    • Comprehensive guide. Discusses the duties of clerks, gives suggestions for how to write court documents, how to apply for clerkships, different types of clerkships, and the ethical duties of clerks.

     

    PracGuide.JPG


    Debra M. Strauss, Behind the Bench: The Guide to Judicial Clerkships, 2d ed. (2016).

    KF8771.S77 2016 at Reference Area

    • Comprehensive guide.  The author's website, www.judicialclerkships.com, has links to other resources. Includes forums for current and former clerks so you can see what they have to say about the experience. Note that the book was published before the current hiring guidelines were established, so be sure to check the website and other, more current sources.

    JudClerk.jpg

    FedAppCt.jpg FedDistCt.jpg

    Joseph L. Lemon, Jr., Federal Appellate Court Law Clerk Handbook (2007). From the American Bar Association

    KF8807 .R86 2007 at Classified Stacks

    Calvert G. Chipchase, Federal District Court Law Clerk Handbook (2007). From the American Bar Association.

    KF8807 .C48 2007 at Classified Stacks


    Louis J. Sirico, Judging: A Book for Student Clerks (2002).

    KF8807 .J94 2002 at Reference Area.

    • Readings about judging and the clerk's role. Aimed at externs, but equally applicable to clerks.

    Law Clerk Handbook: A Handbook for Law Clerks to Federal Judges (Sylvan A. Sobel ed., 2d ed. 2007).

    KF8807 .R83 2007 at Classified Stacks.

    Available as a PDF from the Federal Judicial Center.

    Massey Mayo Case & Jill E. Tompkins, A Guide for Tribal Court Law Clerks and Judges (Univ. of Colo. Law School, 2007)

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    Specifics & Details

    Where can I find information specifically about clerkships? Who's hiring, how many clerks, salary, and so on?

    State & Federal Clerkship

    Northwest Consortium Judicial Clerkship Database

    • Provides detailed information about clerkship and externship opportunities with judges in the western United States. Information is compiled by eleven participating law schools, and is available to students from these schools. Also contains a Judicial Clerkship Handbook and links to other judicial clerkship websites. Students from the Consortium schools may request login information from their career services office.

    Vermont Law School Judicial Clerkship & Internship Resources

    JTBF Externships

    Federal Clerkships

    OSCAR (Online System for Clerkship Application and Review)

    • OSCAR is the central online resource for federal law clerk and appellate court staff attorney hiring. Applicants can locate federal clerkships, create and submit applications, and generate electronic requests for recommendation letters. Its website features include a list of Applicant FAQs and a Glossary.
    • The Federal Law Clerk Hiring Plan includes application deadlines and a list of Frequently Asked Questions about the Law Clerk Hiring Plan.
    oscar.JPG

    JTBF Share the Wealth Judicial Law Clerk Program

    • The Just the Beginning Foundation aims to increase diversity in the legal profession. The Share the Wealth Judicial Law Clerk Program coordinates interviews for seven judges. Students still apply to the judges individually.
    Washington State Clerkships