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William McClure Authors Article on the Bracker Balancing Test

Jun 1, 2021 | Firm News

Associate William McClure recently co-authored a law review article entitled “Rebalancing Bracker Forty Years Later” in Seattle University’s American Indian Law Journal. The article examines 40 years of federal and state courts’ application of the Bracker balancing test, which considers whether a state tax is preempted when assessed against a non-Indian on tribal land. William and his coauthor identify the inconsistent outcomes generated by lower courts in their application of the Bracker balancing test and present ways in which the judiciary can revise and clarify the Bracker balancing test in the hope of providing greater predictability and producing uniformity in the lower courts. William’s interest in writing this article came from his experience as a judicial law clerk at Division Two of the Washington State Court of Appeals.

To read the article, click here.