Hugh Spitzer

Peer Reviewed Journals & Law Reviews

• 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, 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, 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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• 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)
• Speaker, "The U. S. Constitution vis-à-vis the Presidency: Checks and Balances in a "Compound Republic"", Olympia Kiwanis and West Olympia Rotary (May 30, 2017)
• Speaker, Enforcing Federal Priorities Through Commandeering and Financial Threats (webinar), Washington State Bar Association (May 24, 2017)
• Discussant, "AALS Discussion Group: Introducing Leadership Development into the Law School Curriculum", 111th Annual Meeting, Association of American Law Schools (January 5, 2017)

• The Times recommends: Approve Referendum 88 for societal equality (Prof. Spitzer quoted)
  Oct 18, 2019 | Source: The Seattle Times
• Would R-88 level the playing field or institute quotas based on race, other factors?(Prof Spitzer quoted)
  Oct 05, 2019 | Source: Tacoma News Tribune
• Are Developmental Disability Services A Constitutional Right In Washington? (Prof. Spitzer quoted)
  Sep 30, 2019 | Source: Northwest New Network
• With Referendum 88, Washington voters this election will decide whether to keep affirmative action (Prof. Spitzer quoted)
  Sep 22, 2019 | Source: The Seattle Times
• Confusing affirmative action initiative a product of long back-and-forth about best way to afford opportunity (Prof. Spitzer quoted)
  Sep 22, 2019 | Source: The Spokesman-Review
• Opponents say I-1000's affirmative-action policy would hurt veterans. This UW law expert disagrees (Prof. Spitzer quoted)
  Sep 16, 2019 | Source: Crosscut
• Prosecutor turns to little-used legal provision in effort to oust Wapato mayor (Prof. Spitzer quoted)
  Aug 30, 2019 | Source: The Yakima Herald
• Kicking Matt Shea out of Washington's Legislature: Can it be done? (Prof. Spitzer quoted)
  Aug 29, 2019 | Source: Crosscut
• I-1639 foes shoot for Battle Ground City Council seats (Prof. Spitzer quoted)
  Jul 19, 2019 | Source: The Columbian
• Chasing the unicorn: Suddenly the liberal dream of an income tax is tantalizingly real (Prof. Spitzer cited)
  Jul 17, 2019 | Source: The Seattle Times
• After measles outbreak, WA toughened its vaccine law. Could Congress do the same? (Hugh Spitzer quoted)
  Jun 19, 2019 | Source: Crosscut
• Should the public get to see documents the Legislature now keeps secret? Washington Supreme Court to hear case Tuesday. (Prof. Spitzer quoted)
  Jun 09, 2019 | Source: The Seattle Times
• Want a nonpolitical Supreme Court? Try a foreign model (Opinion; by Prof.Spitzer)
  Apr 26, 2019 | Source: The Seattle Times
• Washington's tax system disproportionately impacts middle and low-income families. Could state lawmakers change that this year? (Prof Spitzer quoted)
  Apr 11, 2019 | Source: Inlander
• WA Supreme Court could take over for "struggling" bar association (Prof.Spitzer)
  Mar 15, 2019 | Source: KUOW
• WA’s death penalty may be unconstitutional, but it’s not dead — yet (Prof. Spitzer quoted)
  Feb 15, 2019 | Source: Crosscut
• Kitsap County clarifies rules for religious groups receiving funds (Prof. Spitzer quoted)
  Feb 11, 2019 | Source: Kitsap Sun
• Will WA get a GDPR of its own? (Prof.Spitzer)
  Jan 29, 2019 | Source: KUOW
• Verify: Can states legally be split? (Prof.Spitzer)
  Jan 24, 2019 | Source: KREM
• Significant changes coming to Everett’s City Council (Prof.Spitzer)
  Nov 19, 2018 | Source: Everett Herald
• The Record: Judge elections (Prof.Spitzer)
  Nov 05, 2018 | Source: KUOW
• Questions Answered on the Carbon “Fee” Initiative (Prof.Spitzer)
  Nov 02, 2018 | Source: Seattle Met
• 26th District mailer encourages write-in for ex-senator who doesn’t want the job (Prof.Spitzer)
  Oct 22, 2018 | Source: Kitsap Sun
• Opinion: The Senate Should Not Confirm Kavanaugh
  Oct 03, 2018 | Source: The New York Times
• On eve of Constitution Day, defend the proper protocol for changing it, by Prof. Spitzer
  Sep 14, 2018 | Source: The Seattle Times
• Will a Typo Tank the Biggest Gun Control Initiative in Years? (Prof.Spitzer)
  Aug 21, 2018 | Source: The Stranger
• Judge blocks Washington ballot initiative to raise purchase age for semi-automatic rifles (Prof.Spitzer)
  Aug 17, 2018 | Source: The Seattle Times
• In TV ad, Democratic congressional candidate Jason Rittereiser lobs ‘treason’ charge at Trump (Prof.Spitzer)
  Jul 19, 2018 | Source: The Seattle Times
• ‘Aid and comfort’ to enemies: Trump, Russia and treason (Prof.Spitzer)
  Jul 18, 2018 | Source: The Seattle Times
• City Council, Everett Districts Now may merge ballot items (Prof. Spitzer mentioned)
  Jun 27, 2018 | Source: Herald Net
• 2 options drafted for Everett City Council districting vote (Hugh Spitzer mentioned)
  Jun 18, 2018 | Source: HeraldNet
• White nationalist elected to Washington GOP position (Prof. Spitzer quoted)
  Jun 07, 2018 | Source: My Northwest
• Charlottesville Hate Marcher Elected by Republican Party (Prof. Spitzer quoted)
  Jun 05, 2018 | Source: The Daily Beast
• Can King County win its lawsuit against Big Oil? (Prof.Spitzer)
  May 17, 2018 | Source: Bellevue Reporter
• County officials are lawyering up to square off. And you’re going to pay for it (Prof.Spitzer)
  Mar 28, 2018 | Source: Tri-City Herald
• Washington state lawmakers make speedy move to shield their records from the public (Prof.Spitzer)
  Feb 23, 2018 | Source: The Seattle Times
• To thwart federal pot laws, cannabis sellers find an ally in fights over gun rights, Obamacare (Prof. Spitzer)
  Feb 01, 2018 | Source: My Northwest
• Hamilton Uncle Sam Billboard Is a Landmark in a ‘Legal Twilight Zone’ - profs. Spitzer and Gomulkiewicz quoted
  Oct 13, 2017 | Source: The Chronicle (Lewis County)
• Replace Trump with Pence under the 25th Amendment? Don’t hold your breath. - Prof. Spitzer quoted
  May 18, 2017 | Source: The Spokesman Review
• Is a City Income Tax Legally Feasible in Seattle? - Prof. Spitzer quoted
  May 01, 2017 | Source: Seattle Weekly
• PA council approves vote on form of government for November - Prof. Spitzer quoted
  Apr 05, 2017 | Source: Peninsula Daily News
• Port Angeles City Manager Concerned About Upcoming Second-Class-City Vote - Prof. Spitzer mentioned
  Mar 09, 2017 | Source: Peninsula Daily News
• SW Record Examines Complex Sanctuary Debate - Prof. Spitzer quoted
  Feb 17, 2017 | Source: South Whidbey Record
• Gay Couple in Washington State Wins Legal Battle Against Florist Who Cited Religion to Refuse Doing Their Wedding - Prof. Spitzer quoted
  Feb 17, 2017 | Source: The Week
• Florist Discriminated Against Gay Couple, Washington Supreme Court Rules - Prof. Spitzer quoted
  Feb 16, 2017 | Source: The New York Times
• Sanctuary City? Yea or Nay, Langley Council to Decide Monday - Prof. Spitzer quoted
  Feb 04, 2017 | Source: South Whidbey Record
• Kitsap's 'Sanctuary' Status a Gray Area - Prof. Spitzer quoted
  Feb 04, 2017 | Source: Kitsap Sun
• State Says No to Special I-90 HOV Access for Mercer Island Solo Drivers - Prof. Spitzer quoted
  Feb 02, 2017 | Source: The Seattle Times
• Can Trump Withhold Money From Sanctuary Cities? Some Question Legality of Order - Prof. Spitzer quoted
  Jan 31, 2017 | Source: The News Tribune
• How Washington State's Attorney General Challenged Trump's Travel Ban - Prof. Spitzer quoted
  Jan 31, 2017 | Source: KUOW