Law Commons^™

Waiving The Physician-Patient Privilege In Involuntary Commitment Proceedings In Washington—In Re R., 97 Wn. 2d 182, 641 P.2d 704 (1982), Brett T. Delange

Washington Law Review

In analyzing the court's decision in In re R., this Note will first review the physician-patient privilege. Next, it will assess the court's analysis and application of the statutory waiver in section 71.05.250 of the Washington Revised Code to hearings for ninety-day commitment. This Note concludes that while the court correctly applied the statutory waiver to hearings for ninety-day commitment, the court's standard of reasonableness in applying the waiver of the privilege in this case was improper. Because the physician-patient privilege is a valuable tool in encouraging patients to seek therapeutic treatment, this Note recommends that the courts require a …

The Parol Evidence Rule: Promissory Estoppel's Next Conquest?, Michael B. Metzger

Vanderbilt Law Review

The parol evidence rule, at first glance, seems to be such a candidate for many reasons. The parol evidence rule has confused" and dissatisfied legal scholars for a long time; for example, Professor Wigmore condemned the rule as "the most discouraging subject in the whole field of evidence."' Bringing the rule within estoppel's domain could simplify the application of the rule,' and legal scholars should appreciate anything that could clarify and rationalize its application. Furthermore, that promissory estoppel already has made substantial incursions into the province of the Statute of Frauds may portend a similar role for promissory estoppel in …

Sexual Abuse Of Children—Washington's New Hearsay Exception, Sheryl K. Peterson

Washington Law Review

Part I of this Comment evaluates the new hearsay exception as a rule of evidence. It concludes that the exception is an appropriate solution to the special hearsay problems that arise in child sexual abuse cases. Part II considers whether the exception violates the accused's constitutional right to confront the witnesses against him or her. It concludes that the exception is not unconstitutional per se, although specific applications of the exception may be unconstitutional.

Human Leukocyte Antigen Testing: Technology Versus Policy In Cases Of Disputed Parentage, Patricia B. Blumberg

Vanderbilt Law Review

This Note assumes that the judicial trend of using HLA test results as affirmative evidence" will continue, and accepts the proposal that these results are scientifically reliable.' The Note will focus on the policy considerations and arguments that should affect the admissibility of the HLA blood test as affirmative evidence in various disputed parentage cases.This Note first examines the use of HLA test results to determine the paternity of illegitimate children who do not have a legal father, and concludes that courts should admit the results unconditionally in these circumstances. Second, the Note analyzes the use of the HLA blood …

United States V. Leon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Bose Corp. V. Consumers Union Of United States, Inc., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter

Buffalo Law Review

No abstract provided.

Surveying Work Product, Kevin M. Clermont

Cornell Law Faculty Publications

Work product is the legal doctrine that central casting would send over. First, it boasts profundities, arising as it does from the colliding thrusts of our discovery and trial processes and from conflicting currents in our modified adversary system. Second, it will surface frequently, because the protected materials are commonly created by each side but uncommonly useful to the opponent. Third, it has generated a small mountain of lower-court case law, with the foothills forming a labyrinth of rules and wrinkles. In short, work product has for a couple of generations dramatically bewitched academics, bothered practitioners, and bewildered students.

Significant …

Evidence In Capital Cases, John Kaplan

Florida State University Law Review

No abstract provided.

Federal Rule Of Evidence 403: Observations On The Nature Of Unfairly Prejudicial Evidence, Victor J. Gold

Washington Law Review

The object of this article is to identify what makes evidence unfairly prejudicial. The first part analyzes the language of and the policies behind Rule 403, and demonstrates that the courts' current ad hoc approach has frustrated those policies and prevented the rule from operating as written. Part II analyzes the nature of unfairly prejudicial evidence in light of the policies intended to be advanced by Rule 403. That part concludes that evidence may be considered unfairly prejudicial when it has a tendency to cause the trier of fact to commit an inferential error. The third part describes recent empirical …

Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

6 pages.

Problems Of Interstate Allocation Of Groundwater, Charles E. Corker

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

41 pages.

Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

48 pages.

Comparative Approaches To Groundwater Management, Robert D. Hayton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

38 pages.

Ogallala Ground Water, Morton W. Bittinger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.

Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes maps).

Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

37 pages (includes illustrations and map).

Groundwater Management Under The Florida Water Resources Act, Richard Hamann

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

44 pages (includes maps).

The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes illustrations and map).

Groundwater Pollution Problems In Mining And Energy Production, Henry W. Ipsen

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

17 pages.

Subsidence Of Land Caused By Ground-Water Pumping, Thomas L. Holzer

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

22 pages (includes illustration).

Contains references (pages 2-6).

Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

34 pages.

Hydrology: Unraveling The Mysteries Of Groundwater Occurrence And Movement, Thomas M. Stetson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

31 pages (includes illustrations).

Glossary omitted.

Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

22 pages (includes illustration).

Contains research sources list (pages 1-2).

Sustaining Aquifer Productivity, Harrison C. Dunning

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.

Includes full text of the Owens Valley Groundwater Management Referendum Measure A, which is an ordinance to regulate the extraction of groundwater within the Owens Valley groundwater basin.

Observations On Groundwater Law From The Federal Perspective, Carol E. Dinkins

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

66 pages.

Contains several cases and US Congress bills as supplemental materials.

Digitized copy lacks the Memorandum Opinion for City of El Paso v. Reynolds (563 F.Supp 379 (D. New Mexico 1983)).

Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

University of Colorado School of Law professors …

Good Faith, The Exclusionary Remedy, And Rule-Oriented Adjudication In The Criminal Process, Gerald G. Ashdown

William & Mary Law Review

No abstract provided.

Evidence - Incidents Of Shoplifting Not Probative Of Truthfulness Under Rule 608(B), Shelly Kim Kritz

University of Arkansas at Little Rock Law Review

No abstract provided.

Government Compensation For The Costs Of Producting Subpoenaed Documents: A Proposal For Legislative Reform, Norman Gross

University of Michigan Journal of Law Reform

Current statutory and case law provide for the compensation of select categories of persons and entities that provide evidence to the federal government. This compensation scheme is inequitable insofar as it treats similarly situated persons and entities dissimilarly. This Note advocates the adoption of a blanket statutory provision to compensate all third party custodians for incurred costs in producing documents in compliance with a subpoena duces tecum issued on behalf of a federal authority. Part I describes the current federal reimbursement scheme. Part II examines the inequities that the current statutory scheme imposes upon similarly situated entities and argues for …