Burdening the Plaintiff: Proving Employment Discrimination after \u3ci\u3eKastanis v. Educational Employees Credit Union\u3c/i\u3e

In Kastanis v. Educational Employees Credit Union, the Washington Supreme Court held that a plaintiff who presents direct, undisputed evidence of discrimination bears the burden of persuading the jury that the employer\u27s actions were not justified by business necessity. By substantially increasing the plaintiff\u27s burden, this decision will make it more difficult for plaintiffs to successfully litigate employment discrimination claims in Washington State. Not only is the court\u27s reasoning contrary to existing state and federal law, but there are also strong policy reasons arguing against the continued application of the court\u27s rule

How Developing Countries can Adapt Current Bilateral Investment Treaties to Provide Benefits to Their Domestic Economies

Bilateral investment treaties (hereinafter BIT ) have been created with the goal of promoting economic prosperity through the facilitation of international investment flows. The idea was to facilitate these investment flows by the opening up of secure channels for foreign direct investment (hereinafter FDI ), stabilizing the investment climate, granting protective investment guarantees, and providing neutral dispute mechanisms for injured investors. Since their inception in 1959, BITs have experienced a massive and sudden proliferation . . . which has been . . . a \u27remarkable\u27 event in international law[,] and as of the end of 2008, there were over 2,600 BITs in circulation. Many of these treaties have been signed between developed countries and developing countries for the purpose of encouraging FDI capital to come into the developing countries and stimulate their markets, economies, and infrastructures. Unfortunately, while this seems to be plausible and desirable in theory, the reality is that these BITs have effectively taken control of the developing countries\u27 markets, resources, and capital and provided little to no benefit in return. Fortunately, current global factors are providing a prime opportunity for developing countries to re-shape their current BITs through slight de-liberalization in order to help facilitate the desired FDI inflow while ensuring that the investments do in fact improve their economies. The following paper will attempt to show that a pseudo-interventionist approach to BIT provisions coupled with the promotion of the recent changes to the alternative dispute resolution (hereinafter ADR ) mechanisms already in place can help developing countries entice FDI while actually promoting domestic markets and improving domestic economies. Furthermore, this paper will explain how the present economic situation can help encourage these de-liberalized actions and defeat the problem of collective action, by providing an ideal atmosphere for developing countries to work together without the fear of discouraging desired FDI

Drawing the Line: Addressing Allegations of Unclean Hands in Investment Arbitration

The idea underlying the clean hands doctrine is that the lawfulness of the investor’s conduct is a pre-condition for the bestowal of jurisdiction upon the arbitral tribunal. However, this paper argues that the application of such doctrine – in the investment arbitration context – should not mean that States have an unlimited right to pursue the dismissal of a claim following an investor’s failure to comply with the host State’s law. Thus, there are two factors that an investment arbitration tribunal should take into account when confronted with allegations of unlawful acts committed by an investor in the establishment or development of its investment. First, the tribunal should assess the type and the degree of the violation of the law committed by the investor; and second, the tribunal should evaluate the relationship between the investor’s wrongdoing and the State’s conduct in connection with the commission and subsequent treatment of such infraction. In short, this paper provides an analytical framework for tribunals to follow in cases where the clean hands doctrine is invoked

The Evidence of Corruption in Investment Arbitration

peer reviewe

Problems of Proof for the Ban on Female Athletes with Endogenously High Testosterone Levels

At the time of this writing, a new International Association of Athletics Federations regulation preventing women with naturally high testosterone from competing in certain international athletics events has reignited the controversy over the male-female distinction in sports and its implications on individuals’ right to compete. A recent case filed by runner Caster Semenya and Athletics South Africa challenging this regulation before the Court of Arbitration for Sport, an arbitral tribunal that adjudicates disputes in international sports, sought to have the regulation overturned as discriminatory against women with a genetic intersex condition. Drawing on established international arbitration law, international norms in arbitrations, and relevant precedent, this Comment explores the evidentiary issues before the Court of Arbitration for Sport in Semenya’s challenge. In particular, this Comment argues that, given the high stakes of the case as well as the inequity in resources between the parties, the Court of Arbitration for Sport should have adopted unconventional rules with respect to the allocation of the burden of proof, the requisite standard of proof, and the evaluation of scientific evidence to ensure a fair hearing on the matter. The Comment ultimately concludes that the suggested changes are well within the discretion and ability of the Court of Arbitration for Sport to implement, slight challenges to the adoption of each proposed measure notwithstanding

uwlaw, Fall 2016, Vol. 70

Cover story: Why Law Matters: Why Justice and the Rule of Law Are Fundamental and Important to Us All Welcome from the Dean, page 5 Around Gates Hall: News and Updates from UW Law Expanding the Husky Experience: Office of Student & Career Services Driven to Support Student Needs, page 8, photo A Powerful Voice for Justice (Michele Storms), page 9, photo Promoters of Positive Change: Support Turns Student Ideas into Solutions for a More Livable World (Mariah Hanley \u2716 and 3L Robert Franceschini), page 9 Leading a Public Dialogue in Indian Law: UW Law Draws on Rich 29-Year Heritage to Offer New Degree Focus (SID focus on indigenous rights and Indian law), page 9 What You Care About Can Change the World: Christine Cimini Leads Experiential Learning in New Role, pages 10-11, photo Building Bridges: New Dean Champions Inclusion Efforts (Brenda Williams), page 12, photo New Voices in Our Community: Law School Welcomes New Faculty Experts (Angelica Charazo and Trevor Gardner), page 13, photos Connecting Passion to Philanthropy: Alum Joins UW as Assistant Dean for Development (Craig Wright, \u2785, \u2791), page 13, photo Class Notes: UW Law Alumni News from the Past Year, pages 14-19 In the Spotlight: A Look at UW Law Events from the Past Year, pages 20-25, photos Faculty News: UW Law\u27s Proven Research Impact (presentations and publications), pages 26-37, photos Beyond the Stacks: Jonathan Franklin Assumes Role as Associate Dean for Library and Information Services, pages 38-41, photos In Memoriam: Honoring the Legacy of Classmates, Faculty and Friends, pages 42-51 Why Law Matters: For Washington, for the World, UW Law is a Force for Change, by Katherine Hedland Hansen, pages 52-57, photos Together We Will: UW Law Drives Justices for the Wrongfully Convicted, by Katherine Hedland Hansen, pages 58-63, photos Empowering Possibility Through Innovation, by Katherine Hedland Hansen, pages 64-69, photos Leading the Way in International Business Law, by Katherine Hedland Hansen, pages 70-73 Three Generations of Law Dawgs: For the Fuller Family, Law Is More than a Profession--It\u27s a Way of Sharing the Husky Spirit, by Katherine Hedland Hansen, pages 74-77, photos The Campaign for UW Law Is Together, pages 78-79 Report to Donors, pages 80-97 Q&A: Global Business Law Institute, with Professor Scott Schumacher, page 98https://digitalcommons.law.uw.edu/alum/1007/thumbnail.jp

The Canada-China FIPPA: Its Uniqueness and Non-Reciprocity

It is demonstrated that the signed (but not ratified) Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) is novel and, in key respects, non-reciprocal in favour of China. For example, the FIPPA would provide a general right of market access by Chinese investors to Canada but not by Canadian investors to China, allow wider scope for investment screening by China than by Canada, remove a longstanding Canadian reservation for performance requirements that favour aboriginal peoples, and dilute Canada\u27s established position on transparency in investor-state arbitration. These and other aspects of the FIPPA are highlighted via a comparison to other trade and investment treaties, especially of Canada, that provide for investor-state arbitration. The article responds partly to claims by Canadian trade officials that the FIPPA is unremarkable because it simply continues Canada’s past practice