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Articles 1 - 30 of 66
Full-Text Articles in Law
The Rule Of Law In World Affairs, William O. Douglas
The Rule Of Law In World Affairs, William O. Douglas
Washington Law Review
No abstract provided.
State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon
State Board Against Discrimination: Order To Hire As An Authorized Remedy, Anon
Washington Law Review
The Washington State Board Against Discrimination processed a complaint filed by Mrs. Geraldine Arnett charging defendant hospital with refusing to accept her application for employment as tray girl because of her Negro race. Investigation by the board substantiated Mrs. Arnett's charge of racial discrimination, but informal negotiation between the board and defendant failed to yield a satisfactory solution. The board then held a formal hearing, found defendant in violation of the Law Against Discrimination, and ordered it to accept Mrs. Arnett's application and offer her employment in the first vacant position for tray girl, providing she met the standard qualification …
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Philippine Labor Law—A Survey [Part 2], Perfecto Fernandez
Washington Law Review
There are four basic categories of employer misconduct which the Industrial Peace Act (hereinafter referred to as the "act") labels as unfair labor practices. The first is a very broad category; it includes interference, restraint or coercion of employees with respect to their right to organize. The other three refer to particular types of conduct: (1) requiring "yellow dog" contracts; (2) company unionism; (3) discriminatory practices affecting employment which encourage or discourage membership in any labor organization,"' or prejudicial acts committed against an employee for having filed charges, testified, or for being about to testify under the act.
New York Times Rule Extended To Criminal Libel, Anon
New York Times Rule Extended To Criminal Libel, Anon
Washington Law Review
Defendant, a district attorney, issued a statement to the press accusing eight parish judges of laziness, inefficiency in office, taking excessive vacations, and hindering his enforcement of the state's vice laws. Louisiana convicted defendant of a violation of a Criminal Defamation Statute, rejecting his argument that the statute violated the first amendment guarantee of free speech. On appeal to the United States Supreme Court, held: The first amendment is violated by a state statute which permits punishment of (1) truthful criticism of public officials, or (2) false statements about public officials made with ill will, but without knowledge of the …
Legal Fees For Unsuccessful Defense To Criminal Prosecution—An "Ordinary And Necessary" Business Expense?, Anon
Washington Law Review
Taxpayer, a securities dealer, was tried and convicted of mail fraud and of fraud under the 1933 Securities Act, and conspiracy to violate these statutes. Thereafter he claimed a tax deduction for legal costs incurred in his defense under the "ordinary and necessary" business expense provision in section 162 of the Internal Revenue Code. The deduction was disallowed by the Commissioner, and this ruling was sustained by the Tax Court. On appeal, the Second Circuit Court of Appeals reversed. Held: Public policy does not preclude the deduction of legal expenses incurred in an unsuccessful criminal defense arising out of, proximately …
Consumer Preference For Brand Names Under The Robinson-Patman Act, Anon
Consumer Preference For Brand Names Under The Robinson-Patman Act, Anon
Washington Law Review
Borden Company sold evaporated milk under its own brand name at a substantially higher price than it sold chemically identical milk under private brand names. The Federal Trade Commission found price discrimination in violation of the Robinson-Patman Act and issued a cease and desist order prohibiting further price differentials between the two products. The Fifth Circuit Court of Appeals granted Borden's petition to set aside the order, and held: Premium brand products commanding consumer preference and chemically identical products sold under private brands are not of "like grade and quality" within the meaning of the Robinson-Patman Act. Borden Co. v. …
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
The Uniform Commercial Code—Sb 122, Richard Cosway, Warren L. Shattuck
Washington Law Review
Senate Bill 122, enacting the Uniform Commercial Code in Washington, was passed during the recent legislative session. The effective date of the new statute is June 30, 1967. Since 1952, when the Uniform Commercial Code [hereinafter cited as UCC] was first proposed by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, it has been enacted by forty-one states, the District of Columbia, and the Virgin Islands. It is now much easier to list the-states which have not enacted it. These are: Alabama, Arizona, Delaware, Idaho, Louisiana, Mississippi, South Dakota, South Carolina, and Vermont. As …
Judicial Creativity And State Labor Law, Cornelius J. Peck
Judicial Creativity And State Labor Law, Cornelius J. Peck
Washington Law Review
That courts must and do make law is a proposition which no longer admits of debate. What remains debatable, however, is whether they choose the proper subjects and occasions for exercising their lawmaking powers as well as whether the products which they fashion are the best or most suitable for governing the affairs to which they will apply. Logically these questions involve separable issues, although there is a noticeable tendency on the part of some commentators to refer to the products of which they disapprove as judicial legislation and to those of which they approve as fine examples of common …
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
Local Enforcemtn Of Foreign National Judgments—A New Standard, Anon
Washington Law Review
Defendant, a resident of the District of Columbia, borrowed money from plaintiff, a Canadian resident, and secured the loan with a mortgage on a tract of land located in Ontario. The mortgage was executed in the District of Columbia and contained a clause by which defendant assented to jurisdiction of Ontario courts by substituted service in the event litigation became necessary. Plaintiff, upon defendant's default, sought foreclosure of the mortgage and a judgment in Ontario. Pursuant to Ontario statute, defendant was personally served in the District of Columbia with a writ and notice of the Ontario proceedings. Defendant failed to …
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Unincorporated Association—A Legal Entity For Purposes Of Diversity Jurisdiction, Anon
Washington Law Review
Plaintiff, a citizen of New Jersey, commenced a personal injury action in the federal district court for the Southern District of New York against American Express Company, an unincorporated joint stock association organized under New York laws. Jurisdiction was alleged solely on the basis of diversity of citizenship. The district court held that the defendant association was itself incapable of being a citizen and, since some member shareholders were shown to be citizens of plaintiff's state, the complaint was dismissed for lack of total diversity.' On appeal to the Court of Appeals for the Second Circuit, reversed. Held: An unincorporated …
Legislative Efforts To Control Child Abuse In Washington, Anon
Legislative Efforts To Control Child Abuse In Washington, Anon
Washington Law Review
A newly-enacted Washington law permits, and attempts to encourage, the reporting of cases of physical child abuse to law enforcement agencies by physicians and dentists. Upon receipt of such a report, it is made the "duty" of the law enforcement agency to investigate and refer the case to the juvenile court. The new law provides that any person making such a report shall be immune from civil liability that he might have otherwise incurred for reporting the incident. The new law further provides that the physician-patient communication privilege shall not be a ground for excluding evidence in any judicial proceeding …
State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell
State Public Accommodations Laws, Fundamental Liberties And Enforcement Programs, Wallace F. Caldwell
Washington Law Review
This article purports to investigate state legislation which prohibits discrimination in public accommodations and some of the more important administrative efforts which have been undertaken to implement these statutes. More specifically, the article attempts to: (1) summarize legislation currently in effect which prohibits discrimination in public accommodations; (2) investigate litigation, which has contested public accommodations statutes in order to determine whether the statutes threaten wider and more fundamental liberties; and (3) review some of the main activities of anti-discrimination commissions—agencies which have undertaken to execute or apply public accommodation laws.
The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth
The Common Agricultural Policy: Crisis In The Common Market, Roland L. Hjorth
Washington Law Review
The future of this common agricultural policy, as well as that of the European Economic Community itself, however, has been made somewhat uncertain by France's decree, on July 1, 1965, of a "temporary boycott" of the meetings of the Council of Ministers of the Community due to a failure to agree upon the method of financing the Community's agricultural policy. This boycott may well have "triggered the most serious crisis in the bloc's seven year history," because the dispute is thought by some to be a mere symptom of a more fundamental conflict between France and her Common Market partners. …
Government Contract Disputes—Findings Of Fact Not Binding When Breach Alleged, Anon
Government Contract Disputes—Findings Of Fact Not Binding When Breach Alleged, Anon
Washington Law Review
Plaintiff contracted with the Atomic Energy Commission (AEC) to construct a reactor testing station in Idaho. The contract gave the contracting officer and the head of the AEC (or his representative, the Board of Contract Appeals) authority to make findings of fact as to "disputes concerning questions of fact arising under this contract." Plaintiff submitted various claims in accordance with this disputes clause. Dissatisfied with the resulting administrative decisions, plaintiff brought an action in the Court of Claims for damages resulting from alleged breach of contract by defendant. The subjects of the alleged breach were the same as the claims …
Monopoly—Extension Toward Per Se Violation, Anon
Monopoly—Extension Toward Per Se Violation, Anon
Washington Law Review
The Justice Department brought injunctive action under section 4 of the Sherman Act against Grinnell Corporation and three affiliates which Grinnell controlled through preponderant stock ownership. Grinnell manufactures automatic sprinklers, fire and burglar alarms, and other machinery used in the alarm industry, and its affiliates are corporations supplying subscriber-customers with fire and burglar alarm services from central points through automatic alarm systems installed on subscribers' premises. Defendants had acquired an 87 per cent share of the accredited national Central Station Protective Service (CSPS) market, attained through pre-affilation market allocation agreements between the affiliate corporations and their competitors, discriminatory manipulation of …
National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short
National Tax Administration In The Philippines, Elias E. Vega, Ralph B. Short
Washington Law Review
On August 1, 1964, the Philippine Bureau of Internal Revenue held a picnic in Taytay, Rizal Province, attended by more than 2,000 persons, to celebrate the 60th anniversary of its founding. The Philippine Bureau of Internal Revenue was organized on August 1, 1904, some six years after the Philippines came under the control of the United States. Its present complement of approximately 6,000 employees administers a variety of National Government taxes and can claim credit for providing roughly sixty per cent of total National Government revenues.
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Administrative Law And The Public Law Environment Of The Philippines, Cornelius J. Peck
Washington Law Review
The first view of administrative law and the administrative process in the Philippines is a familiar one to an American lawyer. Even the names of important agencies are the same as, or very similar to, the names of important agencies of the United States government. Thus, there is a Securities and Exchange Commission, a Civil Aeronautics Administration, a Philippine Patent Office, a Food and Drug Administration, a Bureau of Internal Revenue, a Bureau of Immigration, and a Bureau of Customs. Some departmental names are also familiar: Justice, Agriculture and Natural Resources, Commerce and Industry, and Labor. And, though many of …
The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman
The Philippines And The United States: Problems Of Partnership, By George E. Taylor (1964), Ben Cashman
Washington Law Review
No abstract provided.
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Minobe Tatsukichi: Interpreter Of Constitutionalism In Japan, By Frank O. Miller, John M. Maki
Washington Law Review
No abstract provided.
The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes
The Status Of American Interests In Philippine Natural Resources And Public Utilities—Anticipated Problems, Irene R. Cortes
Washington Law Review
The relations which have developed between the Philippines and the United States during more than sixty years of close association have been variously described as "unique,"' "peculiar," ' and "special." The most unusual relations are those created by an amendment to the Philippine Constitution extending to citizens and corporations of the United States, for a period of twenty-eight years, equal rights with Filipino citizens and corporations in the exploration, development, and utilization of natural resources and the operation of public utilities. Parity rights, as this grant is popularly called, were the subject of bitter controversy in the Philippines when proposed …
An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman
An Appraisal Of The United States—Philippines' Special Relationship, Carl F. Salans, Murray J. Belman
Washington Law Review
Since 1898, when the United States acquired possession of the Philippines from Spain, both sides have characterized relations with the other as "special." As with other characterizations of this type, "special relationship" has meant different things at different times. This article will attempt to chip away some of the encrustation that has accumulated upon this term over the years, at least in the economic sphere, and to see what this special economic relationship should mean in the world of the mid-1960's. In the early period of United States administration of the Philippines, the special relationship could perhaps be said to …
Business Organizations In The Philippines, Sulpicio Guevara
Business Organizations In The Philippines, Sulpicio Guevara
Washington Law Review
The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.
Secured Transactions In The Philippines, Estelito P. Mendoza
Secured Transactions In The Philippines, Estelito P. Mendoza
Washington Law Review
Philippine law on secured transactions is primarily statutory. Special laws dealing with chattel mortgages have been in effect since August 1, 1906. Title XV of the Philippine Civil Code deals with guaranty transactions and title XVI covers pledges and mortgages, with its major emphasis on pledges. The Chattel Mortgage Law was enacted by the Philippine Commission and is, thus, American in nature, while the Civil Code provisions are largely Spanish in origin.
Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo
Tax Consequences Of Doing Business In The Philippines, Ricardo J. Romulo
Washington Law Review
The impact of the Philippine system of taxation is of great importance to American investors and businessmen. According to the American Chamber of Commerce of the Philippines, the total direct United States investment in the Philippines at the end of 1963 was 415 million dollars and of this amount 110 million dollars are invested in manufacturing. Consequently, the aim of this Article, after briefly tracing the history of Philippine tax laws, is to present a thorough but concise discussion of the tax consequences of establishing and operating a business, with emphasis on American owned or controlled corporations, in the Philippines.
Foreword [To Philippine Symposium], George E. Taylor
Foreword [To Philippine Symposium], George E. Taylor
Washington Law Review
The essays in this symposium bring out two themes—the relation of the American model to the substance and practice of law in the Philippines and the influence of the spirit of nationalism. Neither can be fully understood without reference to the past, for both have been fundamentally affected by the half century of American occupation. The substance of the law clearly owes most to the American model although Spanish civil law was not, in certain important areas, discarded. The Constitution of 1936, drawn up by an elected convention under the chairmanship of the late Senator Claro Recto, strongly reflects the …
Torts—Abolition Of Doctrine Of Charitable Immunities, Anon
Torts—Abolition Of Doctrine Of Charitable Immunities, Anon
Washington Law Review
The doctrine of charitable immunity in Washington appears to have been finally abolished by two recent decisions of the Washington Supreme Court. In Friend v. Cove Methodist Chuch, Inc., 65 Wash. Dec.2d 155, 396 P.2d 546 (1964), plaintiffs attended a smorgasbord dinner at defendant's church as "invited members of the public." Directed to a certain door as leading to the kitchen, plaintiff wife opened the door and was severely injured when she fell into an open furnace pit. In the second decision, Herbert v. Corporation of Catholic Archbishop, 65 Wash. Dec.2d 165, 396 P.2d 552 (1964), plaintiff attended a Rosary …
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
Defendant's Insurance Policy And Written Witnesses' Statements Held Discoverable, Anon
Washington Law Review
Plaintiff sued to recover damages for injuries received while a passenger in defendant's automobile. Upon plaintiff's motion under Alaska Rule of Civil Procedure 34, the trial court allowed discovery of defendant's automobile liability insurance policy, and of witnesses' written statements obtained by defendant's counsel, including any written statements of the defendant and plaintiff. On appeal, the Alaska Supreme Court affirmed. Held: Under Alaska Rule of Civil Procedure 34, a plaintiff is entitled to discovery of defendant's insurance policy and any written statements of witnesses which were obtained by defendant's counsel. Miller v. Harpster, 392 P.2d 21 (Alaska 1964).
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 3], Richard Cosway
Washington Law Review
The following article is the third in a series by Professor Richard Cosway on negotiable instruments in which he compares existing Washington law with Article 3 of the Uniform Commercial Code. Previous articles on Article 3 have appeared in 38 Wash. L. Rev. 501 (1963) and 38 Wash. L. Rev. 769 (1963).
Bankruptcy—Discharge—Effect Of False Financial Statement Upon Prior Indebtedness, Anon
Bankruptcy—Discharge—Effect Of False Financial Statement Upon Prior Indebtedness, Anon
Washington Law Review
In the 1961 case of Household Fin. Corp. v. DeShazo, the Washington Supreme Court held that section 17(a)(2) of the Federal Bankruptcy Act limited a creditor to recovery of the amount of an additional loan made in reliance upon a false financial statement, and did not permit recovery of prior indebtedness—not initially obtained by fraud—which was refinanced in the same transaction and included in the total amount of a new note.
Contracts—Property—Evidence—Oral Contracts To Devise, Anon
Contracts—Property—Evidence—Oral Contracts To Devise, Anon
Washington Law Review
Nearly twenty years after it was announced, the Washington court has amplified an announced intention to enforce stringent technical rules in its consideration of oral contracts to devise. In an action for specific performance of his deceased employer's alleged oral contract to devise realty, plaintiff presented an uncontroverted line of evidence dating from 1937. At that time plaintiff was a friend and neighbor of decedent and her husband, and was employed as a logger at a wage of $5.60 per day. Shortly after the husband's death, plaintiff left his logging job and commenced operation of decedent's farm for $1.50 per …