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Full-Text Articles in Law
At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall
At-Will Employment In Washington: A Review Of Thompson V. Sl Regis Paper Co. And Its Progeny, Richard Wall
Seattle University Law Review
The purpose of this Article is to examine the nature and origin of the issues now being faced by Washington courts in the area of at will employment and to argue that the well-established legal principles governing other kinds of contracts be consistently applied to at will employment contracts. This will result in a proper balance between the desire to protect at will employees from unfair termination and the need to allow employers the freedom to make decisions in the hiring and termination of at will employees without undue interference. This Article will first review the historical development of the …
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
Seattle University Law Review
This Article will assess the effect of living separate and apart in a defunct marriage on the typical community property agreement, including both inter-vivos and at-death elements. First, as background, this Article will explain and analyze the Washington law status of the concept of living separate and apart. Second, this Article will then review the facts and the holding of In re Estate of Lyman, an appeals court case illustrating the typical fact situation and setting forth the approach of the Washington Supreme Court in this area. It remains the best and most instructive example to date of this …
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Seattle University Law Review
This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …
What Shelter Remains For Builder/Vendors Under Rcw 4.16.300-320 After Pfeifer V. Bellingham?, Peter Sandomire
What Shelter Remains For Builder/Vendors Under Rcw 4.16.300-320 After Pfeifer V. Bellingham?, Peter Sandomire
Seattle University Law Review
This Note criticizes Pfeifer's incomplete resolution of the apparent conflict between Wash. Rev. Code §§ 4.16.300-.320 and § 353 of the Restatement (Second) of Torts and calls for a reconsideration of the case. The Note is premised on the general validity of statutes of repose and the merit of the policies that they promote. The Note first reviews briefly the development of statutes of repose generally, how they operate, and how courts in Washington and in other jurisdictions have applied them. It then analyzes the development of the Restatement's § 353 and its policy. Next, it examines the Pfeifer court's …