Showing posts with label faculty publications. Show all posts
Showing posts with label faculty publications. Show all posts

Saturday, February 15, 2020

#WorldlPangolinDay

Today is the ninth World Pangolin Day, and some of you might not even be quite sure what a pangolin is. (I only learned a few months ago.) Is it a pasta dish or a musical instrument? Nope, it's a small mammal, similar to an anteater, covered with scales made of keratin (like our fingernails and hair). And it may be the most trafficked mammal in the world.

Pangolins are illegally captured transported internationally. Their scales are used in some traditional medicine (despite a lack of evidence of a benefit) and pangolins are also eaten.

The UW's Center for Conservation Biology is on the front line in the fight to save pangolins. It won a USAID Tech Challenge for its project to pinpoint the sources of trafficked pangolins using DNA analysis. The team augments its sophisticated science with specially trained conservation canines who can sniff out the pangolin poo that's needed to construct genetic maps of each group's range and enable law enforcement to pinpoint the source of a seized shipment. This video describes the project:





If you're interested in wildlife law, a great place to start is Wildlife Law: A Primer (2d ed. 2019), by Eric T. Freyfogle, Dale D. Goble, and Todd A. Wildermuth.

To follow new developments, see this library guide. 




Wednesday, July 17, 2019

Farewell to Justice Stevens

Retired Supreme Court Justice John Paul Stevens has died. His latest memoir, The Making of  a Justice,  just came out this year:

book cover - photo of Justice Stevens

Before you dig into the 549-page book, you can read about him in the National Law Journal (thanks to our license for campus-wide access):

Marcia Coyle, Justice John Paul Stevens, Who 'Left Us a Better Nation,' Dies at 99, Nat'l L.J. (July 16, 2019, 9:16 PM)

Marcia Coyle, Former Stevens Clerks Tell Us Their Strongest Memories of 'One of a Kind' Mentor, Nat'l L.J. (July 17, 2019, 10:16 AM)

To see and hear Justice Stevens in interviews and lectures, visit this C-SPAN page.

In addition to the Court and the Constitution, Justice Stevens also loved baseball. As a boy, he saw Babe Ruth play and decades later he saw his favorite team, the Chicago Cubs, win the World Series.



Books by Justice Stevens:

The Making of  a Justice: Reflections on my First 94 Years (2019)

with William N. Eskridge Jr., Interpreting Law: A Primer on How to Read Statutes and the Constitution (2016)

Six Amendments: How and Why We Should Change the Constitution (2014)

Five Chiefs: A Supreme Court Memoir (2011)

The Bill of Rights: A Century of Progress (1992)

A 2012 symposium on the legacy of Justice Stevens in the Northwestern University Law Review includes a personal tribute by Professor Kathryn Watts, who was one of his clerks.

To see Justice Stevens's many law review articles (and forewords, tributes, lectures, and so on), go the Law Journal Library in HeinOnline and search for john paul stevens as author.

Thursday, January 31, 2019

Are There Limits to the President's Emergency Powers?

Since the President has been talking about using emergency powers to build a wall without congressional authorization, you might be wondering just what these emergency powers are and whether there are limits to them.

This morning I saw an article on The Atlantic's website and then did a little looking around myself. Now there's a page about Emergency Powers—listing a variety of material from short articles to videos to books—in our Presidential Power guide.

The Limits of Presidential Power coverA great place to start learning about presidential power is The Limits of Presidential Power: A Citizen's Guide to the Law, by Professors Lisa Manheim and Kathryn Watts. Since it's aimed at the general public, it's more accessible than most law review articles and legal treatises. But since it's written by two top law professors, it's still totally accurate and reliable.

Flip through the Presidential Power guide to learn about a wide variety of issues related to the Presidency.


Thursday, December 29, 2016

Prof. Ziff Reflects on The Bluebook

cartoon of the Bluebook as a monsterMaybe you're a little scared of The Bluebook. Nothing to be ashamed of: lots of people are.

But you can conquer your fear. One step toward that might be understanding it better. To that end, check out David Ziff's thoughtful (and entertaining!) review essay, The Worst System of Citation Except for All the Others, forthcoming in the Journal of Legal Education. 

One of the authors of The Complete Legal Writer blog gave Prof. Ziff's review a big thumbs up yesterday. She also insightfully observed:
I’d argue that the hardest part of learning legal citation is not mastering The Bluebook, not learning the italics and the abbreviations and the periods. Rather, it’s learning the judgment required to know what to cite, and when, and for what purpose. After all, as a system of communication that is built upon precedent, legal writing in the Anglo-American legal system depends on citation in ways that other fields do not and never will. Citation is integral to how our meaning gets made.
Amen to that. Sure, you need to figure out the rules for citing law review articles, treatises, cases, and the rest. But that's just a matter of looking up the rules and following examples. The harder task if figuring out when to cite a law review article, a treatise, or a case.

For some help with The Bluebook, check out our guide, Bluebook 101.

Graphic by Mary Whisner

Wednesday, December 21, 2016

Indian Fishing in the Northwest

Some members of the Yakama Nation still fish for salmon using traditional 30-foot-long dip nets at Lyle Falls in the Columbia River Gorge (KUOW, Dec. 16, 2016).  To learn more about that history, check out a book coauthored by Prof. Bill Rodgers that chronicles the legal battles around the centuries-old Indian fishery at Celilo Falls, lost when a dam destroyed the waterfall:

book jacket - The Si'lailo Way
The Si'lailo Way: Indians, Salmon and Law on the Columbia River, by Joseph C. Dupris, Kathleen S. Hill &William H. Rodgers Jr.  See publisher's page.

For more on fishing controversies in the Northwest, see:

Messages from Frank's Landing: A Story of Salmon, Treaties, and the Indian Way, by Charles F. Wilkinson (2000)

Where the Salmon Run: The Life and Legacy of Billy Frank Jr. , by Trova Heffernan (2012)

Empty Nets: Indians, Dams, and the Columbia River, by Roberta Ulrich (1999) The nature of borders : salmon, boundaries, and bandits on the Salish Sea, by Lissa K. Wadewitz (2012)

You can also stream a documentary through UW Libraries subscriptions: River People: Behind the Case of David Sohappy (1991)

Tuesday, December 13, 2016

A bruised Georgia Peach: the legal and ethical concerns surrounding football players' health

The Huskies are going to the Peach Bowl!  As a long time sports fan, I find this a very exciting time to be in the Seattle area.  Football to me is family, either bundled up and braving the cold to witness a game in person or gathered around the television, enjoying warm chili from the comforts of home.



But recent revelations in the medical community regarding players' health and well-being have raised ethical and legal considerations around the sport I love.  You may have seen the Will Smith driven biopic Concussion  this time last year, or noticed the Congressional hearings held this past March.

Sunday, August 14, 2016

Miranda at 50

Marking Miranda v. Arizona's anniversary, ABAJournal.com has a slideshow, 50 Years of Miranda in Popular Culture, compiled by Brenan Sharp.

collage showing TV police officers, from Dragnet, CHiPs, Miami Vice, and other shows
Photo collage by Brenan Sharp


For an overview, see the pages on Miranda  in the U.S. Courts' materials for schools.

Here are some of our recent books on confessions:
As you might imagine, Miranda has been cited a lot. A whole heck of a lot. KeyCite shows 116,042 citing references, including 59,453 cases and 9,452 secondary sources. Within the secondary sources, there are 6,998 law reviews.

How could you choose which law review articles to start with?

Here's a neat trick in HeinOnline. I searched for articles with confess* in the title (the asterisk makes the search include variants, like "confessing" and "confessions").  Result: 1,207 items.

I sorted them to show the articles that have been cited the most at the top of the list.

The most cited was Developments in the Law: Confessions, 79 Harv. L. Rev. 935 (1966), a big survey (nearly 200 pages!) published in March 1966, three months before the Supreme Court decided Miranda.

Next are a couple of works looking at false confessions: Steven A. Drizin & Richard A. Leo, The Problem of False Confessions in the Post-DNA World, 82 N.C. L. Rev. 891 (2004); Richard A. Leo & Richard J. Ofshe, Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, 88 J. Crim. L. & Criminology 429 (1998).

If you want to know the latest developments, you can sort to see the most recent article first: John C. Sheldon, Common Sense and the Law of Voluntary Confessions: An Essay, 68 Me. L. Rev. 119 (2016).

Searching for "confess*" in the title was very simple. You can put together more complex searches, too. E.g., if you search for "McMurtrie" as an author and "false" within five words of "confession*" in the text, you'll find Jacqueline McMurtrie, The Role of the Social Sciences in Preventing Wrongful Convictions, 42 Am. Crim. L. Rev. 1271 (2005).

Thursday, May 5, 2016

Soda Pop and Global Health

Carbonating the World coverFor you, a cold soda might be a refreshing drink or a mild vice (or a little of both). But there's a much bigger picture. Sugar-sweetened beverages are a huge global industry with equally large impacts on global health, as explored in a new study from coauthored by affiliate professor Allyn Taylor, Carbonating the World: The Marketing and Health Impact of Sugar Drinks in Low- and Middle-Income Countries (Center for Science in the Public Interest, 2016). Summaries (in English, Spanish, and Portuguese) are here.

For more about global health at UW Law, see the webpage for the Center for Law, Science and Global Health.

Wednesday, April 6, 2016

Washington's Taxes

This morning KUOW compared the tax systems in Washington (no income tax) and Oregon (no sales tax, no business & occupation tax).

And today's installment of The Economics Daily from the Bureau of Labor Statistics shows that Washington State and Oregon have, respectively, very low and very high concentrations of tax preparers.

Map showing concentrations of tax preparers by state, 2015
Source: Bureau of Labor Statistics

Coincidence? I doubt it.

Monday, November 9, 2015

Daylight Saving Time and the Law

On November 1, at the stroke of 2:00 AM, Washingtonian clocks collectively rolled back to 1:00 AM (providing many of us an extra hour of much needed sleep). The popular saying “spring forward, fall back” reminds us that it is once again Daylight Saving Time (DST) in Washington State. As we adjust to later sunrises and sunsets, we might reflect on the laws that make DST a reality, and on efforts to change those laws.

In 1960, Washington became the 15th state to adopt DST when 51.7% of voters approved Ballot Initiative 210.  In the official voter pamphlet, the initiative promised “154 more hours of daylight each year.”

page from voter's guide summarizing initiative 210

Wednesday, September 30, 2015

Free CALI eBooks--Federal Rules, IP Statutes, and More

Nothing suits a thrifty student's budget better than CALI eBooks: they're free! Most are available in a variety of formats--e.g., PDF, Kindle, or Word (great for copying and pasting into your outlines).

CALI eBooks includes texts prepared by faculty for use in class (e.g., The Ethics of Tax Lawyering, by UW Law Professor Michael Hatfield), sets of statutes and rules, and some classics of law and literature.

Rules and Statutes

If you frequently need to refer to, say, the Federal Rules of Civil Procedure or the Copyright Act, download a set:

Constitution and Related Documents


Law and Literature

Wednesday, April 22, 2015

Environmental Law for Earth Day

Mark Earth Day with a quick look at some of the environmental law scholarship that's been produced at UW Law in the last several years:

Thursday, April 2, 2015

Autism Awareness

Today is World Autism Awareness Day (see the UN General Assembly resolution and President Obama's proclamation) and April is National Autism Awareness Month.

For an essay criticizing the rhetoric of "celebrating" autism, see this essay on the Washington Post website by the mother of three adult daughters with autism.

Prof. Steve Calandrillo
To sample some of the legal issues, visit SSRN and search for "autism." When I did, the top article (in a ranking by number of downloads) was by UW Law's Prof. Steve Calandrillo: Vanishing Vaccinations: Why Are So Many Americans Opting Out of Vaccinating their Children?, 37 U. Mich. J. L. Reform 353 (2004). (It's been downloaded 1336 times.) Other papers address special education, criminal law, bullying, trial practice (children with autism as witnesses), and more.

Last year, the Autism CARES Act tweaked autism-related provisions of the Public Health Service Act. (The full title is a mouthful: Autism Collaboration, Accountability, Research, Education, and Support Act of 2014, Pub. L. 113-157, 128 Stat. 1831.) Because autism issues are within the domains of different agencies (e.g., Health and Human Services and Education), the federal government has an Interagency Autism Coordinating Committee. Among other thing, the committee provides a range of publications. For less technical, more accessible information, see HHS's Autism Information page.

Tuesday, December 23, 2014

The Means of Innovation

Looking for the latest from Professor Sean O’Connor? Check out The Means of Innovation, a new blog about law, creativity, commerce, and entrepreneurship.

Professor O’Connor’s scholarship is focused on how legal structures and strategies facilitate innovation. With this broad focus, he is writing an entertaining and educational blog that covers a range of topics including intellectual property, innovation and invention, legal instruction, and legal theory and policy.

The blog is a fascinating read in particular because Professor O’Connor stays on top of interesting articles and books, then, after briefly summarizing the topic, he provides direct and immediate commentary on aspects of the article you may have never considered. For example, a recent post concerning a New York Times article about a young woman who invented a prosthetic limb that would reduce phantom limb pain in amputees served as a jumping-off point for a discussion of the role of “innovation producers” (i.e., those individuals who are “able to bring together all the resources needed to take a cool idea or vision all the way to something that can be produced at a cost that makes it reasonably accessible to the market.”)

The blog is written in a congenial style that makes it easy to read and understand. If you’ve had Professor O’Connor for a class, you’ll be happy to know his blog style reflects his teaching style in that he makes the complicated legal issues easy to understand through his examples and illustrations. Two practicing lawyers, Brian Endter and Patrick Franke(both of Graham & Dunn), also contribute to the blog.

The Means of Innovation is also a forum for dialogue among those who want to think deeply and seriously about innovation across all different spaces (not just “technology”) and how those interested in innovation can get serious about the nuts and bolts of know-how/show-how rather than reduce innovation to theory and symbolic language constructs.

Professor O’Connor is working on a book, Methodology: Art, Science, Technology, Law, and the Means of Innovation.

Friday, November 21, 2014

Taking Images Seriously

Before you even got to the bookstore cash register when you bought your first books for law school, you probably noticed that law books don't have many pictures. Nor do briefs, pleadings, contracts, judicial opinions, or law review articles. What's up with that?

Now Prof. Elizabeth Porter takes a scholarly look at law's use of pictures and graphics: Taking Images Seriously, 114 Colum. L. Rev. 1687-1782 (2014).
Prof. Elizabeth Porter


Here's the article's abstract:
Law has been trapped in a stylistic straitjacket. The Internet has revolutionized media and communications, replacing text with a dizzying array of multimedia graphics and images. Facebook hosts more than 150 billion photos. Courts spend millions on trial technology. But those innovations have barely trickled into the black-and-white world of written law. Legal treatises continue to evoke Blackstone and Kent; most legal casebooks are facsimiles of Langdell’s; and legal journals resemble the Harvard Law Review circa 1887. None of these influential forms of disseminating the law has embraced—or even nodded to—modern, image-saturated communication norms. Litigants, scholars, and courts have been rebooting the same formalist templates for over a century—templates that were formed before widespread use of the cam- era, never mind the computer. Outside of trial, where image-driven advocacy has a long history, legal practice begins and ends with text.

But over the past five years, for the first time—unrecognized by scholars or courts—creative trial lawyers, receptive judges, and the iPhone camera are breaching these conservative bulwarks. Images are moving out of the evidentiary margins and are driving argument in litigation documents from pleadings to judicial opinions. If left unregulated, visual argument threatens fundamental premises of legal discourse and decisionmaking. Yet in comparison with law’s rich and detailed traditions for interpreting ambiguous text, lawyers and judges have few tools beyond common sense with which to ameliorate the interpretive risks of visual persuasion. “I know it when I see it” is not merely an aphorism; it is the reigning interpretive canon for images in law.

This Article, the first comprehensive scholarly treatment of images in written legal argument, identifies and critiques the nascent phenomenon of multimedia written advocacy as a vital, if potentially problematic, element of a lawyer’s tool box. It argues that despite substantial risks, the profession should cautiously embrace the communicative power of multimedia writing. It concludes by offering concrete suggestions for the fair regulation of multimedia persuasion, including two foundational canons of visual interpretation—the basis for developing new traditions for integrating images into written advocacy.
Appropriately, this is one law review article where you'll find pictures—in color, even!

Wednesday, November 19, 2014

Drone Law

What happens when a drone gets in the way of a crop-dusting airplane, as recently happened in Eastern Washington? Are there rules? KUOW reports FAA Takes Light Hand In Enforcing Flight Rules For Drones (Nov. 18, 2014).

A recent commercial use of drones was right here in the law library. A photographer used a small quad copter to go up into the skylight "crystals":

2 snapshots of small red drone in library
Drone carries camera from L2 up into the skylight and back. (Photos by Mary Whisner)

More on drone policy after the jump.

Friday, November 7, 2014

The Law of Daylight Saving Time

Photo of Steve  Calandrillo
Professor Calandrillo
As the warm embrace of daylight saving time fades from our memories, and we begin to eagerly anticipate the Winter Solstice on December 21, take a moment to consider whether the United States should adopt daylight saving time year-round. University of Washington Law School Professor Steve Calandrillo and his co-author Dustin Buehler proposed just that in Time Well Spent: An Economic Analysis of Daylight Saving Time Legislation, 43 Wake Forest L. Rev. 45 (2008). Professor Calandrillo and his co-author provided a history of daylight saving time, examined empirical data from 1974 when the United States experimented with year-round daylight saving time, and argued that a cost-benefit analysis indicated that the United States should adopt daylight saving time year-round. During the winter, year-round daylight saving time would cause there to be additional darkness in the morning but the sun would set later. The authors argued, and provided data to support the claims, that extra sunlight in the evening would reduce traffic fatalities, criminal activity, and electricity usage. Vox.com is also in favor of year-round daylight saving time, and has an examination of areas of the world that have a local time that is ahead of solar time, that is, regions that effectively observe daylight saving time year-round.

The timing of an event can play an important role in litigation, and, in determining timing, daylight saving time can be the deciding factor. For example, in an attorney malpractice case, the client argued that his criminal attorney erred in failing to argue that a difference between Alaska Standard Time and Daylight Saving Time affected whether a newly enacted law was in force at the time of his crime. See Stewart v. Elliott, 239 P.3d 1236, 1243 (Alaska 2010). Although the client had successfully sought post-conviction relief due to the discrepancy between the timing of statute's applicability, the court in this case found that the client's attorney did not breach a duty of care in failing to raise that issue. Daylight saving time also played a role in Playboy Club, Inc. v. Myers, where the court held that Missouri's adoption of Daylight Saving Time in 1967 affected a Missouri law limiting the hours during which liquor could be sold and that as a result the plaintiffs could not base their closing time on Central Standard Time. Playboy Club, Inc. v. Myers, 431 S.W.2d 228, 233 (Mo. 1968). For more facts about Daylight Saving Time, visit WebExhibits.org's collection of incidents and anecdotes.
File:Portrait of Sir Henry Norman, 1st Baronet.jpg
Sir Henry Norman, 1st Baronet

If you are depressed by the fact that in Seattle the sun will set at 4:18 p.m. on December 16, know that on June 21, 2015, we will have nearly 16 hours of daylight and the sun will not set until 9:11 p.m. If June is too far off, perhaps a verse from Sir Henry Norman, quoted in Professor Calandrillo's article, will provide some comfort:



The very best way to lengthen the day


Is to steal a few hours from the night.




Image of Sir Henry Norman,via Wikimedia Commons at http://commons.wikimedia.org/wiki/File:Portrait_of_Sir_Henry_Norman,_1st_Baronet.jpg



Monday, July 14, 2014

When to Stop Researching

Many legal researchers struggle with the question: When can I stop researching?
graphic of traffic signal with question marks in red, yellow, and green circules

No one answer is appropriate for all situations. Consider:
  • Costs. If you're handling a case worth millions of dollars, it is worth spending extra time looking on the off chance that you'll find a crumb of information or an obscure precedent that will help. But if you're trying to collect $20,000 from an insurance carrier for a car accident, you need to keep your costs down.
  • Knowledge. If you've been practicing in an area for several years and feel familiar with the field, you can probably stop sooner than a summer associate who is just learning about it.
  • Time. If you're working on a tight deadline, you might need to stop researching before you feel you've covered everything thoroughly, in order to allow time to prepared your motion, memo, or other document.
  • Resources. No one has access to all the databases, books, or journals that might be useful. Your research will need to stop before you consult the resources you don't have.
Appellate lawyer Jay O'Keeffe offers these guidelines (Legal Research: How Do You Know When Enough Is Enough?, De Novo: A Virginia Appellate Law Blog, July 11, 2014): 
  1. What kind of appeal are we handling? It takes more research to find authority for a case urging the court to develop the law rather than correct an error based on well-established law.
  2. Have we checked the obvious boxes? Has he (or his associate) followed a research process based on reliable secondary sources, plus keyword searches and citators.
  3. Am I bored yet? 
  4. Can I answer the tough questions?
  5. Can I explain it to my eight-year-old?
For more on when to stop (as well as the research process generally), see

Graphic: Mary Whisner

Wednesday, July 2, 2014

Educating Homeless Kids

Nearly a quarter of homeless people are children.* Over a million children were homeless at the start of the 2010-2011 school year. And being homeless can make it tough to get an education. To address some of the problems, the McKinney-Vento Homeless Assistance Act (1987) set up the Education for Homeless Children and Youth Program.

The ABA Commission on Homelessness and Poverty just published Educating Children Without Housing: A Primer on Legal Requirements and Implementation Strategies for Educators, Advocates and Policymakers (Gallagher Law Library Classified Stacks KF4217.H6 D84 2014). One of the coeditors is Casey Trupin, the Coordinating Attorney for the Children and Youth Project at Columbia Legal Services and also a lecturer in UW Law's Legislative Advocacy Clinic.
Casey Trupin

Here are some links if you want to learn more about these issues:


* See p. 1 of HUD's 2013 Annual Homeless Assessment Report to Congress.

Monday, March 24, 2014

King Lear in Law School

Have you heard about the King Lear productions in Prof. Karen Boxx's Transmission of Wealth class?

They're fun, but they also teach some important lessons about estate planning and help students develop some valuable lawyering skills. See Karen E. Boxx, Shakespeare in the Classroom: How an Annual Student Production of King Lear Adds Dimension to Teaching Trusts and Estates, 58 St. Louis U. L.J. 751 (2014).

Prof. Karen E. Boxx William Shakespeare.
Image taken from: Abraham Wivell,
An Inquiry into the History, Authenticity,
and Characteristics of the Shakespeare
Portraits, etc. (A supplement.)
" (1827).
Available via the British Library's Flickr
photostream
.See this post.