The Once and Future Promise of Access to Justice in Washington\u27s Article I, Section 10

This Essay is part of the Symposium on State Constitutional Law in Honor of the late Washington State Supreme Court Justice Robert F. Utter that was held on October 23, 2015

Why Judges Should Not Mistake the Norm for the Neutral

This statement from the Washington Supreme Court Open Letter, issued after Minneapolis police officers killed George Floyd on May 25, 2020, reflects both an acknowledgment of responsibility and a commitment to action. The Washington Supreme Court’s letter was one of many written by courts and individual judges across the United States, who felt compelled to speak out about racial injustice and our role as keepers of a system called Justice. Questions quickly followed: Are those who speak out against racial injustice taking sides on a social issue? What can a judge do or say within the ethical constraints of codes of judicial conduct? How can courts as neutral arbiters of disputes address systemic racism in the court system

The Value of Government Tort Liability: Washington State\u27s Journey From Immunity to Accountability

Part I of this Article traces Washington\u27s history with the common law doctrine of government immunity from tort liability. It also identifies other distinct common law immunities protecting executive, legislative, and judicial functions-immunities that lay dormant during the reign of sovereign immunity. Part II discusses the legislature\u27s broad waiver of sovereign immunity in 1961 and the legislature\u27s subsequent reaffirmation of the waiver. It also notes isolated instances in which the legislature has partially restored immunity or otherwise limited tort liability. Part III addresses the development of case law interpreting the scope of government tort liability in light of the legislative waiver of sovereign immunity and examines the impact of the remaining related common law immunities for executive, legislative, and judicial functions. Part III also examines the role of the public duty doctrine, which has evolved as a conceptual framework for assessing whether a predicate duty supports government tort liability in any given circumstance. Finally, Part IV exalts the continuing value of holding government accountable for its tortious conduct, treating such accountability as a legitimate means to encourage responsible government and achieve individual justice. Part IV also urges that any marked retreat from the broad waiver of sovereign immunity is unnecessary and unjustified, whether viewed from a fiscal or ideological standpoint

The Formation of Affective Judgments: The Cognitive-Affective Model Versus the Independence Hypothesis

A dichotic listening task within the context of hemispheric specialization provides evidence for enhanced affective responses toward correctly recognized stimull and toward words transmitted to the right ear and music transmitted to the left ear. These findings appear to support the cognitive-affective model over the independence hypothesis

Survey of Washington Search and Seizure Law: 2019 Update

This survey is intended to serve as a resource to which Washington lawyers, judges, law enforcement officers, and others can turn as an authoritative starting point for researching Washington search and seizure law. In order to be useful as a research tool, this Survey requires periodic updates to address new cases interpreting the Washington constitution and the U.S. Constitution and to reflect the current state of the law. Many of these cases involve the Washington State Supreme Court’s interpretation of the Washington constitution. Also, as the U.S. Supreme Court has continued to examine Fourth Amendment search and seizure jurisprudence, its decisions and reflections on Washington law are also discussed. Often the rules and approaches in interpreting the Washington constitution differ in certain areas from the analysis used by the U.S. Supreme Court in its Fourth Amendment jurisprudence. Where that occurs, this Survey has identified the independent approach adopted by the Washington State Supreme Court. This Survey contains updated case comments and statutory references that are current through March 2019, and focuses primarily on search and seizure law in the criminal context; it omits discussion of many procedural issues, including those arising under court rules that implement constitutional protections. In addition, all references to Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment, have been updated to the fifth edition, published in 2012

Identifying Misleading Advertising

A procedure for identifying misleading advertising is presented, based solely on measured consumer beliefs. An advertisement is misleading if an exposed group holds more false beliefs than a comparison group. When ten allegedly misleading advertisements were tested, two were identified as incrementally misleading, and four others were shown to be exploitively misleading

Marketplace Experiences of Individuals with Visual Impairments: Beyond the Americans with Disabilities Act

The authors explore how consumers with a variety of visual impairments handle day-to-day interactions with service providers, products, and services. Interviews with 21 people with visual impairments reveal that there are considerable individual differences in adaptation strategies, including the degree of independence desired and achieved. Interview themes are explicated by means of a conceptual model of the contexts and interplay of dependence and independence in the lives of people with visual impairments. The model suggests that independence and dependence are not mere opposites on a single dimension; rather, they are domain-specific and complex and are determined by both environmental factors and personal characteristics. It further suggests that some forms of dependency may be as adaptive for many people as is the striving for independence by others. The authors conclude with a discussion of implications for the Americans with Disabilities Act and marketing practice as well as the larger area of consumer vulnerability

Rationing Limited Healthcare Resources in the COVID‐19 Era and Beyond: Ethical Considerations Regarding Older Adults

Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/155955/1/jgs16539_am.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/155955/2/jgs16539.pd

AGS Position Statement: Resource Allocation Strategies and Age‐Related Considerations in the COVID‐19 Era and Beyond

Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/155900/1/jgs16537.pdfhttps://deepblue.lib.umich.edu/bitstream/2027.42/155900/2/jgs16537_am.pd