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Full-Text Articles in Law

Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds Jan 1984

Wrongful Death Of The Fetus: Viability Is Not A Viable Distinction, Sheryl Anne Symonds

Seattle University Law Review

This Comment reviews the history of tort law treatment of the fetus who is wrongfully injured or killed. The Comment discusses case history and wrongful death statutes, with a focus on Washington law. Finally, the Comment concludes that courts should ignore viability when deciding cases of fetal wrongful death.


Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank Jan 1984

Confronting Child Victims Of Sex Abuse: The Unconstitutionality Of The Sexual Abuse Hearsay Exception, Katrin E. Frank

Seattle University Law Review

This Comment first analyzes Washington’s hearsay exception Act in the light of the principles that form the basis for the hearsay rule and its exceptions. It then examines the effect of the Act on the preexisting hearsay rules. Next, it compares the concept of unavailability as used in the hearsay exceptions with the concept of incompetence; both concepts are then analyzed according to the requirements of the hearsay rules and the confrontation clause. The Comment concludes that the Act is unconstitutional because it permits admission of hearsay of testimonially incompetent children.


Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow Jan 1984

Reforming The Tax Treatment Of Divorce: Splitting The Benefits Of A Split, C. Garrison Lepow

Seattle University Law Review

The purpose of this Article is to consider the tax consequences of divorce, particularly those problems relating to property settlements. The tax consequences of alimony and child support are also considered. These problems have a long history that must be reviewed in order to understand both the present law and the current proposals which were considered by the House Ways and Means Committee during the last session of Congress. Unfortunately, the narrowness of the legislative proposals permits many of the problems to continue; the proposals change only the timing of the problem.