Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

State and Local Government Law

1985

Institution
Keyword
Publication
Publication Type
File Type

Articles 181 - 197 of 197

Full-Text Articles in Law

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen Jan 1985

Contempt Of Court - Right To Jury Trial - A Fine Of $104,000 And Thirty Day Jail Sentence Is Serious Offense Entitling Contemnor To Trial By Jury., Kathryn E. Eriksen

St. Mary's Law Journal

Abstract Forthcoming.


The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter Jan 1985

The Right To Speak, Write, And Publish Freely: State Constitutional Protection Against Private Abridgment, Justice Robert F. Utter

Seattle University Law Review

This Article presents an independent analysis of a fundamental aspect of the free speech provision of the Washington Declaration of Rights, which closely resembles the free speech provisions of many other state constitutions. The focus is on whether the Washington free speech provision protects Washingtonians against abridgment of their speech and press rights by private individuals and organizations. To answer this question, this Article examines the nature of state constitutions and government, the case law of other jurisdictions interpreting similar provisions, the text of the Washington provision, the origins of the provision, the historical background of the Washington Constitutional Convention, …


An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer Jan 1985

An Analytical View Of Recent "Lending Of Credit" Decisions In Washington State, Hugh Spitzer

Seattle University Law Review

This Article first presents an analytic framework for assessing government actions that present possible violations of article VIII, sections 5 and 7, and then analyzes five recent cases interpreting those provisions.


The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover Jan 1985

The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover

Seattle University Law Review

The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Seattle University Law Review

In this Article, I will present a series of attacks on intentionalism. My efforts are aimed at eroding the high ground that the intentionalist position appears to enjoy in the interpretation of state and federal constitutions. Currently, one almost has to justify departure from the framers intent in advancing a nonconforming constitutional interpretation. This Article is an attempt to reverse this assumed burden of persuasion.


Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock Jan 1985

Seizing Opportunity, Searching For Theory: Article I, Section 7, George R. Nock

Seattle University Law Review

Washington case law dealing with searches and seizures has now reached a developmental stage from which it can proceed either haphazardly or along any of several well-defined lines. The purpose of this Article is not to provide a compendium of Washington search-and-seizure cases. Rather, the Article analyzes the more recent (and some of the earlier) cases in which the Washington Supreme Court has interpreted article I, section 7, and suggests several alternative theoretical bases for the further development of Washington constitutional search-and-seizure jurisprudence.


A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz Jan 1985

A Constitutional Right To An Appeal: Guarding Against Unacceptable Risks Of Erroneous Conviction, James E. Lobsenz

Seattle University Law Review

The many consequences of "constitutionalizing" the right to appeal become evident only when one answers certain underlying questions about the nature of an appeal. What are the essential elements of an appeal? Why should we view the criminal defendant's right to appeal as an element of due process of law? Part II of this Article seeks to develop a theoretical due process framework for use in deciding when the right to appeal under article I, section 22 of the Washington Constitution has been unconstitutionally abridged or denied. Part III contains an analysis of oral argument as an essential element of …


The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché Jan 1985

The Establishment Clause And The Free Exercise Clause Of The Washington Constitution—A Proposal To The Supreme Court, Frank J. Conklin, James M. Vaché

Seattle University Law Review

This Article traces the independent development in the case law interpreting the Washington Constitution and in the drafting of the document itself. It is the position of the authors that the strict approach and consequent rigorous, independent analysis by the Washington court is not a necessary or appropriate method of deciding church-state issues, at least in many contexts. When examining establishment clause issues under the state constitution, the Washington State Supreme Court should therefore modify its previous position and adopt a more common-sense approach in lieu of the doctrinaire rigidity that has characterized prior opinions.


Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting Jan 1985

Washington's Equal Rights Amendment: It Says What It Means And It Means What It Says, Patricia L. Proebsting

Seattle University Law Review

This Comment begins with a discussion of the ERA's legislative history and the legislature's attempt to bring state statutes into compliance with the ERA upon its passage. Next, judicial interpretations of the new constitutional guarantee are compared to the interpretation of the Washington Constitution's privileges and immunities clause. Finally, the Comment compares Washington's standard of review with a similar standard used by the Pennsylvania Supreme Court and argues that the Washington Supreme Court should adopt the absolute standard applied by the Pennsylvania courts.


Public Officials, Charles O. Lorenson Jan 1985

Public Officials, Charles O. Lorenson

West Virginia Law Review

No abstract provided.


Tender Offer Litigation And State Law, Mark J. Loewenstein Jan 1985

Tender Offer Litigation And State Law, Mark J. Loewenstein

Publications

The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …


Western Water Law In Transition, Charles F. Wilkinson Jan 1985

Western Water Law In Transition, Charles F. Wilkinson

Publications

No abstract provided.


Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson Jan 1985

Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson

Publications

No abstract provided.


Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins Jan 1985

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Publications

No abstract provided.


Competing Demands For The Colorado River, David H. Getches Jan 1985

Competing Demands For The Colorado River, David H. Getches

Publications

No abstract provided.


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.


Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace Jan 1985

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.