Hugh Spitzer

Peer Reviewed Journals & Law Reviews

• Hugh Spitzer, Reasoning v. Rhetoric: The Strange Case of “Unconstitutional Beyond a Reasonable Doubt," 74 Rutgers L. Rev. 1429-1461 (2022).
• Hugh Spitzer & Andy Omara, Catalytic Courts and Enforcement of Constitutional Educational Funding Provisions, 49 Ga. J. Int’l & Comp. L. 45-82 (2021).
• Hugh D. Spitzer, "Unconstitutional Beyond a Reasonable Doubt"—A Misleading Mantra that Should be Gone for Good, 96 Wash. L. Rev. Online 1-22 (Mar. 1, 2021).
• Hugh D. Spitzer, Robert M. Jarvis, Cindy I. T. Archer, Linda Galler, Jodi L. Wilson, & Mark E. Wojcik, Law Students and Cell Phone Use: Results of a Six-School Survey, 89 UMKC L. Rev. 269-78 (2020).
• Hugh D. Spitzer, Essay, Be Careful What You Wish for: Private Political Parties, Public Primaries, and State Constitutional Restrictions, 94 Wash. L. Rev. 823-50 (2019).
• Hugh D. Spitzer & Philip A. Talmadge, Amending Codes of Judicial Conduct to Impose Campaign Contribution and Expenditure Limits on Judicial Campaigns, 25 Va. J. Soc. Pol’y & L. 87-121 (2018).
• Hugh D. Spitzer, Model Rule 5.7 and Lawyers in Government Jobs--How Can They Ever Be "Non-Lawyers"?, 30 Geo. J. Legal Ethics 45-72 (2017).
• Hugh Spitzer, Realigning the Governmental/Proprietary Distinction in Municipal Law, 40 Seattle U. L. Rev. 173-215 (2016).
• Hugh D. Spitzer, "Home Rule vs. "Dillon's Rule" for Washington Cities, 38 Seattle U. L. Rev. 809-60 (2015).
• Adam Sherman & Hugh Spitzer, Washington State’s Mandate: The Constitutional Obligation to Fund Post-Secondary Education, 89 Wash. L. Rev. Online 15-46 (2014).
• Hugh Spitzer, Pivoting to Progressivism: Justice Stephen J. Chadwick, the Washington Supreme Court, and Change in Early 20th-Century Judicial Reasoning and Rhetoric, 104 Pac. Nw. Q. 107-21 (2013).
• Hugh D. Spitzer, New Life for the “Criteria Tests” in State Constitutional Jurisprudence: “Gunwall Is Dead--Long Live Gunwall", 37 Rutgers L.J. 1169-1201 (2006).
• Hugh D. Spitzer, Taxes vs. Fees: A Curious Confusion, 38 Gonz. L. Rev. 335-65 (2003).
• Hugh D. Spitzer, Municipal Police Power in Washington State, 75 Wash. L. Rev. 495-518 (2000).
• Hugh D. Spitzer, Which Constitution? Eleven Years of Gunwall in Washington State, 21 Seattle U. L. Rev. 1187-1215 (1998).
• Hugh D. Spitzer, A Washington State Income Tax--Again?, 16 U. Puget Sound L. Rev. 515-70 (1993).
• Hugh Spitzer, An Analytical View of Recent "Lending of Credit" Decisions in Washington State, 8 U. Puget Sound L. Rev. 195-219 (1985).
• Hugh Spitzer, Court Rulemaking in Washington State, 6 U. Puget Sound L. Rev. 31-73 (1982).
• Hugh D. Spitzer, A Survey of the WISHA’s First Months of Operation, 9 Gonz. L. Rev. 639-50 (1974).

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Books or Treatises

• Robert F. Utter & Hugh D. Spitzer, The Washington State Constitution (2d ed. Oxford University Press 2013). 309 pages.

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Book Chapters

• Hugh D. Spitzer, Washington: The Past and Present Populist State, in The Constitutionalism of American States 771-84 (George E. Connor & Christopher W. Hammons eds., 2008).
• Hugh D. Spitzer, Intra-Union Disciplinary Proceedings, in The Labor Relations Law of Canada, Chapter 14 (Richard M. Lyon ed., 1977).

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Book Reviews

• Hugh D. Spitzer, American Federalism: Punching Holes in the Myth, 84 Wash. L. Rev. 717-21 (2009) (reviewing John D. Nugent, Safeguarding Federalism: How States Protect Their Interests in National Policymaking (2009)).
• Hugh D. Spitzer, Book Review, 40 Publius 563-65 (2010) (reviewing Robert A. Schapiro, Polyphonic Federalism: Toward the Protection of Fundamental Rights (2009)).
• Hugh D. Spitzer & Charles W. Johnson, Theme and Variations, 21 Seattle U. L. Rev. 997-1001 (1998) (reviewing Robert F. Williams, State Constitutional Law: Cases and Materials (2d ed. 1993)).
• Hugh D. Spitzer, Book Review, 18 Urban Law. 284-86 (1986) (reviewing Daniel Jack Chasan, The Fall of the House of WPPSS (1985)).

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Professional Publications

• Hugh D. Spitzer, Intra-Governmental Disputes: An RPC Muddle, in Proceedings of the Washington State Association of Municipal Attorneys Spring Conference (2022). 23 pages.
• Hugh Spitzer, Put It In Writing: Washington Supreme Court Enhances Malpractice Insurance Disclosure to Clients, Nw Law., Sept. 2021, at 36-40.
• Margot E. Young, Justin Choi, Kate Gotziaman, Hugh D. Spitzer; Greyson Blue; & Dylan Olson, Comparison of British Columbia and Washington State City Powers 1-107 (Jan. 1, 2020).
• Hugh D. Spitzer, Decentralization: How a Hidden Provision in the U.S. Constitution Could Remake America, NWLaw., Apr./May 2018, at 34-39.
• Hugh Spitzer, Trumping Home Rule and Sanctuary Jurisdictions: Constraints on Federal Action to Induce State and Local Collaboration with National Programs, Mun. Law., Nov.-Dec. 2017, at 6-11.
• Hugh D. Spitzer, "Sanctuary Cities" to Find Sanctuary in the Rehnquist and Roberts Courts, Jurist: Commentary (Dec. 30, 2016, 4:24 PM).
• Hugh D. Spitzer, Ethics Issues in Representing Intergovernmental Entities, in Proceedings of the Washington State Association of Municipal Attorneys, Spring Conference 5-1 (2014).
• Hugh D. Spitzer, Revisiting the Client Conundrum: Whom Does Lawyer for a Government Represent, and Who Gives Direction to That Governmental Lawyer? (Univ. of Wash. Sch. of Law Research Paper No. 25-10).
• Scandal Rocks Washington's Supreme Court, NW Law., Apr.-May 2015, at 48-50 (Hugh Spitzer ed.).
• Hugh Spitzer, Organizing Interlocal Entities: What Form Is Best . . . and Does the Interlocal Cooperation Act Need a Rewrite?, in Proceedings of the Washington State Association of Municipal Attorneys, Spring Conference (2013).
• Hugh Spitzer & Doug Ende, On Law and Life in Cuba: The Cuban Legal System and Culture Offer Contrasts and Surprises, Wash. St. B. News, Jan. 2012, at 24-28.
• Hugh Spitzer, A Local Government by Any Other Name, in Proceedings of the Washington State Association of Municipal Attorneys, Fall Conference 7-1 to 7-84 (2009).
• Hugh Spitzer, Take the Initiative on Constitutionality, Wash. St. B. News, Oct. 2000, at 17-18.
• Hugh Spitzer, Why Lawyers Have Often Worn Strange Clothes, Claimed to Work for Free--and Been Hated, Wash. St. B. News, Sept. 20, 2000, at 20, 22, 24, 26, 28-29.
• Hugh Spitzer, Bearing Arms in Washington State, in Proceedings of the Washington State Association of Municipal Attorneys, Spring Conference (1997). 17 pages.
• Hugh Spitzer, Rules Blues: Resurrecting the Judicial Council, Wash. St. B. News, Jan. 1983, at 10-11, 13-15.
• William S. Bailey & Hugh D. Spitzer, Is Washington Ready for Merit Selection of Judges?, Wash. St. B. News, June 1981, at 66-67, 69, 71, 73, 75, 77, 79.
• Hugh Spitzer, Does Rome Have a Lesson for Us?, 66 A.B.A. J. 1226-29 (1980).
• Hugh Spitzer, Law Libraries Losing to "Double Inflation," Wash. St. B. News, Nov. 1980, at 31-35.

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News Media

• Hugh Spitzer, Opinion, We've Seen This U.S. Supreme Court Before, Seattle Times, July 15, 2022 at 2:56 PM, Updated July 15, 2022 at 2:56 PM.
• Hugh Spitzer, Opinion, Whatever Your Opinion about a State Capital-Gains Tax, It’s Constitutional, Seattle Times, Mar. 30, 2021 2:45 PM, updated Mar. 30, 2021 7:45 PM.
• Hugh Spitzer, Opinion, Our State Constitution’s Surprising Right-to-Bear-Arms Language, Seattle Times, Jan. 12. 2021.
• Hugh Spitzer, Opinion, Want a Nonpolitical Supreme Court? Try a Foreign Model, Seattle Times, Apr. 28, 2019, at A17.
• Hugh Spitzer, Opinion, “Aid and Comfort” to Enemies: Trump, Russia and Treason, Seattle Times, July 18, 2018.
• Hugh D. Spitzer, The Best-Kept Secret: How to Find It and Where to Find It: Washington Legal Researcher’s Deskbook, Wash. J., Dec. 19, 1996, at 12.

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Other Publications

• Hugh Spitzer, Protip for Sagebrush Rebels: This Land Was Never Yours, Crosscut (Mar. 1, 2016).

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• Speaker, "Washington State Constitution", Law School for Legislators, Washington State Legislature (January 4, 2023)
• Speaker, Intra-Governmental Disputes: An RPC Muddle Spring Conference, Proceedings of the Washington State Association of Municipal Attorneys (May 5, 2022)
• Speaker, The U.S. Election — The American Electoral System with Lisa Marshall Manheim, Universitas Indonesia (November 20, 2020)
• Panelist, "Status of Washington State Constitution's Religious Freedom Provision in Light of Federal Law Developments", Second Annual Law and Religion Symposium, University of Washington School of Law (May 17, 2019)
• Speaker, "Before A.I. – The Evolution of Civil Rights and Civil Liberties for Artificial Entities", Spring Judicial Education Program, Washington State Appellate Judges (March 26, 2019)
• Speaker, "Mandatory Malpractice Insurance Task Force: Overview of Tentative Recommendations", Law of Lawyering CLE, Washington State Bar Association (December 14, 2018)
• Speaker, "History & Application of Washington’s 18th Amendment", Interim Transportation Briefing, Washington Highway Users Federation (December 12, 2018)
• Speaker, "History and Role of Counties in Washington", Washington State Association of Counties (December 12, 2018)
• Speaker, "Lawyers in Non-Lawyer Roles (When Can a Lawyer Not Be a Lawyer?)", Continuing Legal Education, Thurston County Bar Association (December 4, 2018)
• Panelist, "Eminent Domain, Community Renewal & Kelo", with Joel Ard, University of Washington School of Law and Seattle University Law School Federalist Society (November 20, 2018)
• Speaker, "Inheritance Law in Ancient Rome", Annual Estate Planning Seminar, Washington State Bar Association Estate Planning Section and University of Washington School of Law (November 12, 2018)
• Speaker, "Ethics in Government Work—How the RPCs Apply to Agency or Legislative Employment (When Can a Lawyer Not be a Lawyer?)", Legislative Staff Academy, (October 10, 2018)
• Speaker, "History of the Washington State Constitution", Mirabella Retirement Community (July 6, 2018)
• Speaker, "Trumping Home Rule and Sanctuary Jurisdictions: Constraints on Federal Actions to Induce State and Local Collaboration in National Programs", Annual Conference, International Municipal Lawyers Association (October 16, 2017)
• Speaker, "Washington State's Constitution: What You Might Not Have Known-And SHOULD!", 24th Annual Washington State Affordable Housing Conference, (October 3, 2017)

• Proposed wealth tax in Washington state is another attempt at tax code reform (Professor Spitzer quoted)
  Feb 10, 2023 | Source: GeekWire
• Liberty Lake City Council looks to limit authority of library board (Professor Spitzer quoted)
  Feb 05, 2023 | Source: Spokesman-Review
• Group's lawsuit seeks to void Washington transportation law (Professor Spitzer referenced)
  Feb 01, 2023 | Source: Associated Press
• Conservative advocacy group sues to undo WA transportation package (Professor Spitzer quoted)
  Jan 31, 2023 | Source: Seattle Times
• Washington Supreme Court case for controversial capital gains tax begins this week (Professor Spitzer quoted)
  Jan 23, 2023 | Source: GeekWire
• Law Profs Urge Wash. Justices To Revive Capital Gains Tax (Professor Spitzer mentioned)
  Dec 13, 2022 | Source: Law360
• Supporters tell Washington Supreme Court: uphold the capital gains tax (Professor Spitzer mentioned)
  Dec 13, 2022 | Source: The Center Square
• Will Washington State Constitution's broad property protections nix capital gains tax? (Prof. Spitzer quoted)
  Aug 30, 2022 | Source: The Center Square
• Inslee declared Washington state’s COVID emergency 900 days ago — and never rescinded it (Prof. Spitzer quoted)
  Aug 18, 2022 | Source: The Center Square
• Opinion: We’ve seen this U.S. Supreme Court before (HughSpitzer)
  Jul 15, 2022 | Source: Seattle Times
• The right to abortion in Washington (HughSpitzer)
  Jun 28, 2022 | Source: NW News Network
• UW professor: SCOTUS ruling could impact charter schools in WA (Prof. Spitzerquoted))
  Jun 23, 2022 | Source: MyNorthwest
• We the People: You hear about it a lot, but what does 'rule of law' really mean? (Prof. Spitzer quoted)
  Apr 23, 2022 | Source: The Spokesman-Review
• UW professors debate constitutionality of Washington’s capital gains tax | Washington (Prof. Schumacher and Prof. Spitzer quoted)
  Apr 11, 2022 | Source: The Center Square
• Close the ethics gap at the U.S. Supreme Court (Prof. Spitzer quoted)
  Apr 01, 2022 | Source: The Seattle Times
• Washington state capital gains tax update: Attorney general seeks appeal to reinstate controversial law (Prof. Spitzer quoted)
  Mar 25, 2022 | Source: Geek Wire
• Inslee says lying about elections should be a crime (Prof. Spitzer quoted)
  Jan 06, 2022 | Source: NW News Network
• How a Supreme Court ruling might upend Washington charter schools (Prof. Spitzer quoted)
  Dec 28, 2021 | Source: The Seattle Times
• COVID-19 state of emergency (Prof. Spitzer on Muck Rack, 88.5 KNKX)
  Nov 22, 2021 | Source: KNKX
• When it comes to redistricting in WA, gridlock might be a good thing (Prof. Spitzer quoted)
  Oct 05, 2021 | Source: Crosscut
• How Washington courts allow for private prosecutions (Prof. Spitzer quoted)
  Sep 28, 2021 | Source: Crosscut
• Biden announces vaccine, testing mandates for large companies, health care workers (Prof. Spitzer quoted)
  Sep 10, 2021 | Source: The Spokesman-Review
• ‘Let the virus’ run its course, a Seattle-area school district official said on Facebook (Pror. Spitzer quoted)
  Aug 27, 2021 | Source: The Seattle Times
• Vaccine mandates will likely uphold in court if it comes to that (Prof. Spitzer quoted)
  Aug 13, 2021 | Source: KING 5
• ACLU and advocates file lawsuit over ‘Compassion Seattle’ ballot initiative (Prof. Spitzer quoted)
  Aug 11, 2021 | Source: The Seattle Times
• How Washington's political divisions are driving a troubling rise in recalls (Prof. Spitzer quoted)
  May 19, 2021 | Source: MyNorthwest
• Excise or income? Washington state capital gains tax already faces a lawsuit — here’s what to know (Prof. Spitzer referenced)
  Apr 29, 2021 | Source: Geek Wire
• Whatever your opinion about a state capital-gains tax, it’s constitutional (Prof. Spiter quoted)
  Mar 30, 2021 | Source: The Seattle Times
• Coronavirus orders should be lifted through bills, attorneys say (Prof. Spitzer quoted)
  Feb 07, 2021 | Source: Idaho Statesman
• OPINION: Our state constitution’s surprising right-to-bear-arms language (By Prof.Spitzer)
  Jan 12, 2021 | Source: The Seattle Times
• 'The Gee and Ursula Show': What is the 25th Amendment? (Prof. Spitzer interview)
  Jan 08, 2021 | Source: KIRO Radio
• Tri-Cities GOP lawmaker proposes changing WA governor elections (Prof. Spitzer quoted)
  Jan 02, 2021 | Source: The News Tribune
• Washington state schools chief says his hands have been tied in pandemic (Prof. Spitzer quoted)
  Dec 15, 2020 | Source: The Seattle Times
• Will there be repercussions for frivolous Trump election lawsuits? UW law professor says yes (Prof. Spitzer interviewed)
  Dec 10, 2020 | Source: KUOW
• Bipartisan group of lawyers sign letter to American Bar Association about election (Prof. Spitzer speaks)
  Dec 10, 2020 | Source: KUOW
• Inslee dismisses calls for special session as doctors warn of tough choices ahead | Washington (Prof. Spitzer quoted)
  Nov 25, 2020 | Source: The Center Square
• Washington Supreme Court races: What you need to know and why they matter (Prof. Spitzer quoted)
  Oct 29, 2020 | Source: KNKX
• Choose your judge (Prof. Spitzer quoted)
  Oct 28, 2020 | Source: Real Change
• Why Tim Eyman's $30 car tab initiatives keep getting struck down in court (Prof. Spitzer interviewed)
  Oct 20, 2020 | Source: MyNorthwest
• ‘The Gee and Ursula Show’: Why did the Supreme Court of Washington unanimously rule I-1639 unconstitutional? (Prof. Spitzer interviewed)
  Oct 16, 2020 | Source: MyNorthwest
• Does the face mask mandate violate the Washington state constitution? (Prof. Spitzer quoted)
  Oct 04, 2020 | Source: KING 5
• The defective recall against Mayor Durkan (Co-authored by Prof.Spitzer)
  Sep 22, 2020 | Source: The Seattle Times
• Official and unofficial recall petitions made against several Seattle City Council members (Prof. Spitzer interviewed)
  Aug 27, 2020 | Source: KUOW
• Election recall fever hits Seattle politics (Prof. Spitzer quoted)
  Aug 26, 2020 | Source: KUOW
• Initiative effort seeks to limit governor’s emergency proclamations to 2 weeks (Prof. Spitzer quoted)
  Jul 24, 2020 | Source: Tacoma News Tribune
• Public health officers have broad powers under law (Prof. Spitzer quoted)
  Jun 30, 2020 | Source: Columbia Basin Herald
• Washington’s Supreme Court should do all its business in the sunshine (Prof. HughSpitzer)
  Jun 26, 2020 | Source: The Seattle Times
• Coronavirus shows us why WA has always needed an income tax (Prof. Spitzer quoted)
  Apr 28, 2020 | Source: Crosscut
• Tenants, city officials calling for 'rent strike' as May payment date looms (Prof. Spitzer quoted)
  Apr 27, 2020 | Source: KOMO News
• With May rent looming, some Seattle tenants eye ‘rent strikes’ as coronavirus continues to upend lives (Prof. Spitzer quoted)
  Apr 27, 2020 | Source: The Seattle Times