Peter Nicolas

Professor Nicolas joined the UW law school faculty in 2000 following a clerkship with Judge Michael Boudin on the U.S. Court of Appeals for the First Circuit. He graduated magna cum laude from Harvard, where he served on the editorial board of the Harvard Law Review. His teaching and research interests include evidence, constitutional law, music law, sexual orientation and gender identity law, federal courts, international civil litigation, and conflict of laws.

Professor Nicolas is a nationally recognized expert in the fields of evidence, constitutional law, federal courts, and sexual orientation law. He is the author of three national textbooks on the topics of evidence; constitutional law; and sexual orientation, gender identity, and the law. His textbooks have been adopted for classroom use at law schools throughout the United States.

Professor Nicolas's scholarship has been cited by countless scholars and dozens of federal and state courts, including the United States Supreme Court. He has served as a consultant on cases nationwide involving the rights of same-sex couples, and he has been invited to give lectures to attorneys and judges on the nuances of evidence and constitutional law.

Professor Nicolas's current teaching and scholarship also focuses on the intersection of copyright law and music theory. Professor Nicolas teaches a course on music law and policy and his current scholarship focuses on the intersection of the two fields. Professor Nicolas has studied music at Shoreline Community College and the University of Washington, with a focus on music theory; music history; composition; piano; and popular and classical voice.

From 2008 - 2010, Professor Nicolas served as Associate Dean of the UW law school. His responsibilities in that capacity included faculty career development; curriculum delivery (including course scheduling and teaching assignments); appointing faculty committees and serving as a liaison to the academic standards, admissions, and curriculum committees; supervising the Director of Academic Services and the Director of Academic Advising; honor code enforcement; and working closely with the Dean and other members of the law school's leadership on all aspects of institutional development and planning.

Prior to pursuing a career in the law, Professor Nicolas was a Research Economist at the University of Michigan and served for two, two-year terms as a member of the Ann Arbor, Michigan, City Council. He is a member of the bars of New York, U.S. District Court of Colorado, and the U.S. Court of Appeals for the Tenth Circuit.

Peer Reviewed Journals & Law Reviews

• Peter Nicolas, Harmonizing Music Theory and Music Law, 107 Iowa L. Rev. ___ (forthcoming 2022).
• Peter Nicolas, Reconstruction, 10 UC Irvine L. Rev. 937-90 (2020).
• Peter Nicolas, Electoral Evidence, 69 Ala. L. Rev. 109-67 (2017).
• Peter Nicolas, Backdating Marriage, 105 Calif. L. Rev. 395-441 (2017).
• Peter Nicolas, Saving an Old Friend from Extinction: A Proposal to Amend Rather Than to Abrogate the Ancient Documents Hearsay Exception, 63 UCLA L. Rev. Discourse 172-85 (2015).
• Peter Nicolas, Obergefell's Squandered Potential, 6 Cal. L. Rev. Cir. 137-44 (2015).
• Peter Nicolas, Fundamental Rights in a Post-Obergefell World, 27 Yale J. L. & Feminism 331-61 (2016).
• Peter Nicolas, Gayffirmative Action: The Constitutionality of Sexual Orientation-Based Affirmative Action Policies, 92 Wash. U. L. Rev. 733-92 (2015).
• Peter Nicolas, Straddling the Columbia: A Constitutional Law Professor's Musings on Circumventing Washington State's Criminal Prohibition on Compensated Surrogacy, 89 Wash. L. Rev. 1235-1309 (2014).
• Peter Nicolas, The Sneetches as an Allegory for the Gay Rights Struggle: Three Prisms, 58 N.Y.L. Sch. L. Rev. 525-45 (2013-14).
• Peter Nicolas, Gay Rights, Equal Protection, and the Classification-Framing Quandary, 21 Geo. Mason L. Rev. 329-79 (2014).
• Peter Nicolas, Common Law Same-Sex Marriage, 43 Conn. L. Rev. 931-47 (2011).
• Peter Nicolas, But What If the Court Reporter Is Lying? The Right to Confront Hidden Declarants Found in Transcripts of Former Testimony, 2010 BYU L. Rev. 1149-93 (2010).
• Peter Nicolas, The Lavender Letter: Applying the Law of Adultery to Same-Sex Couples and Same-Sex Conduct, 63 Fla. L. Rev. 97-127 (2010).
• Peter Nicolas, "I'm Dying to Tell You What Happened": The Admissibility of Testimonial Dying Declarations Post-Crawford, 37 Hastings Const. L.Q. 487-551 (2010).
• Peter Nicolas, Left Hand, Third Finger: The Wearing of Wedding (or Other) Rings as a Form of Assertive Conduct under the Hearsay Rule, 30 Women's Rts. L. Rep. 526-42 (2009).
• Peter Nicolas, Nine, of Course: A Dialogue on Congressional Power to Set by Statute the Number of Justices on the Supreme Court, 2 N.Y.U. J. L. & Liberty 86-130 (2006).
• Peter Nicolas, De Novo Review in Deferential Robes?: A Deconstruction of the Standard of Review of Evidentiary Errors in the Federal System, 54 Syracuse L. Rev. 531-98 (2004).
• Peter Nicolas, “They Say He’s Gay”: The Admissibility of Evidence of Sexual Orientation, 37 Ga. L. Rev. 793-892 (2003).
• Peter Nicolas, American-Style Justice in No Man’s Land, 36 Ga. L. Rev. 895-1073 (2002).
• Peter Nicolas, Fighting the Probate Mafia: A Dissection of the Probate Exception to Federal Court Jurisdiction, 74 S. Cal. L. Rev. 1479-1547 (2001).
• Peter Nicolas, The Use of Preclusion Doctrine, Antisuit Injunctions, and Forum Non Conveniens Dismissals in Transnational Intellectual Property Litigation, 40 Va. J. Int’l L. 331-404 (1999).
• Recent Case, Criminal Procedure -- Venue -- Third Circuit Finds Venue for Firearms Charge Improper in District Where Only Predicate Offense Occurred -- United States v. Palma-Ruedas, 111 Harv. L. Rev. 1134-39 (1998).
• Case Comment, The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes and Regulations -- Americans with Disabilities Act -- Asymptomatic HIV, 112 Harv. L. Rev. 283-93 (1998).
• Kenneth E. Warner, George A. Fulton, Peter Nicolas & Donald Grimes, Employment Implications of Declining Tobacco Product Sales for the Regional Economies of the United States, 275 J. Am. Med. Ass’n 1241-46 (1996).

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Books or Treatises

• Peter Nicolas, The Reconstruction Amendments (Carolina Academic Press 2020).
• Peter Nicolas, Evidence: A Problem-Based and Comparative Approach (4th ed. Carolina Academic Press 2018). 971 pages. [First published in 2005; includes statutory supplement and teacher's manual; supplemented annually.]
• Peter Nicolas & Mike Strong, The Geography of Love: Same-Sex Marriage & Relationship Recognition in America (The Story in Maps) (5th ed. Peter Nicolas and Mike Strong 2014). 36 pages. [First published in 2011.]
• Peter Nicolas, Sexual Orientation, Gender Identity, and the Constitution (Carolina Academic Press 2012, annual supps.). 612 pages.
• Peter Nicolas, Florida and Federal Evidence Rules, 2012-2013 (Aspen Publishers 2012). 426 pages. [First published in 2006.]
• Peter Nicolas, New York and Federal Evidence Rules, 2012-2013 (Aspen Publishers 2012). 374 pages. [First published in 2007.]
• Peter Nicolas, Texas and Federal Evidence Rules, 2009-2010 (Aspen Publishers 2009). 336 pages. [First published in 2006.]

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News Media

• Hugh Spitzer & Peter Nicolas, Op-Ed, Arlene's Flowers Case Judge Got It Right, News Tribune (Tacoma, Wash.) (Dec. 18, 2015).

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• Speaker, "Harmonizing Music Theory and Music Law, 6th Annual Copyright Scholarship Roundtable", Sixth Annual Copyright Scholarship Roundtable, The Center for Technology, Innovation and Competition (CTIC), University of Pennsylvania Law School (October 15, 2021)
• Speaker, "The History of the LGBTQ Civil Rights Movement: 50 Years After Stonewall", QLawWA and King County Superior Court (June 7, 2019)
• Speaker, "The Federalization of Family Law", Meeting, Washington Superior Judges’ Association (April 8, 2018)
• Speaker, "Evidence: The Admissibility of Electronic Information under the Federal Rules", 2017 National Workshop for Magistrate Judges I, Federal Judicial Center (April 3, 2017)
• Panelist, "Setting the Post-Obergefell Agenda", Annual Meeting, Association of American Law Schools (January 6, 2017)

• WA LGBTQ+ community cheers bill protecting same-sex, interracial unions (Professor Nicolas quoted)
  Dec 08, 2022 | Source: The Seattle Times
• Can Kelis sue Pharrell, Chad Hugo, or Beyoncé for 'Milkshake'? (Prof. Nicolas quoted)
  Aug 01, 2022 | Source: Vulture
• Nursing professor sues Seattle Pacific University, says he was denied full-time job ‘because he’s not heterosexual’ (Prof. Nicolas quoted)
  Jan 15, 2021 | Source: The Seattle Times
• In for a renewed fight? Why Seattle-area LGBTQ+ rights advocates are nervous about the new Supreme Court (Prof. Nicolas quoted)
  Dec 20, 2020 | Source: The Seattle Times
• Supreme Court ruling protects LGBTQ workers (Prof. Peter Nicolas, video)
  Jun 15, 2020 | Source: KING 5
• Opinion: The Senate Should Not Confirm Kavanaugh
  Oct 03, 2018 | Source: The New York Times
• What The Supreme Court's Wedding Cake Ruling Means For Northwest (Prof.Nicolas)
  Jun 04, 2018 | Source: KUOW