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  • 2025-06-01

    The Gift of Public Funds Bogeyman

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    This 2025 Washington Law Review article argues that Washington State's 'gift of public funds' doctrine—which prohibits governments from giving away public assets—is widely misunderstood and far less restrictive than most officials believe. The authors, both attorneys in Washington's Solicitor General's Office, explain that modern court interpretations allow governments broad flexibility to fund programs serving legitimate public purposes, and note that no appellate court has struck down any government program under this doctrine in the past 45 years. The article urges public officials and lawyers to stop letting unfounded fears about this doctrine block innovative policy solutions to problems like homelessness, childcare, and climate change.
  • 2025-06-01

    The Gift of Public Funds Bogeyman

    ★
    Noah Purcell (Washington State Solicitor General) and Michelle Saperstein (Assistant Attorney General) argue in the Washington Law Review (Vol. 100, No. 2, 2025) that Washington’s ‘gift of public funds’ doctrine under article VIII, sections 5 and 7 of the Washington Constitution is systematically misunderstood and over-applied by public officials and government lawyers. The article analyzes

  • Noah Purcell and Michelle Saperstein: ‘The Gift of Public Funds Bogeyman’ article

    Academic article by Noah Purcell and Michelle Saperstein published in the Washington Law Review, arguing that Washington State's 'gift of public funds' doctrine (arising from Article VIII, sections 5 and 7 of the Washington Constitution) is frequently misunderstood and that almost nothing a competent government agency would want to do would violate the constitutional prohibition if thoughtfully implemented.

  • Noah Purcell and Michelle Saperstein: ‘The Gift of Public Funds Bogeyman’

    Academic article published in the Washington Law Review, authored by Noah Purcell and Michelle Saperstein. The abstract explains that Washington's 'gift of public funds' doctrine, arising from Article VIII, Sections 5 and 7 of the Washington Constitution, is frequently misunderstood in ways that impede innovative government programs.