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Articles 1 - 30 of 40
Full-Text Articles in Law
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Vacation And Correction Of Judgments In Washington, Philip A. Trautman
Washington Law Review
After a judgment has been entered by a superior court, counsel is sometimes confronted with the problem of what steps may be taken to remedy alleged errors or mistakes. The obvious alternative is that of appeal. There are, however, other possibilities which are perhaps less widely known which may equally well serve to attain the end sought. It is the purpose of this article to examine these other possibilities for obtaining vacation and correction of judgments. The inquiry will be directed to such questions as what grounds will suffice for obtaining relief, what procedures must be followed, and what are …
Toward Effective Municipal Zoning, Arval Morris
Toward Effective Municipal Zoning, Arval Morris
Washington Law Review
Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Washington Law Review
The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iii), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part Iii), Richard Cosway
Washington Law Review
A continuation of the article, this piece begins with section 2-312, Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.
Private Easements In Public Ways, Morton G. Herman
Private Easements In Public Ways, Morton G. Herman
Washington Law Review
Two basic rights will be separately discussed in this Comment. First, the public right of user in streets dedicated for public use will be referred to as the "public easement"; and second, the private right of user created by estoppel, hereinafter called the "private easement." Although each is created in a similar manner, each propagates common as well as distinguishable property rights. In connection with the discussion of these easements, some reference will also be made to other analogous easements created by similar theories, for the purpose of furnishing background and comparison.
Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas
Rights And Remedies Of Union Members; Federal Law Or State Law?, Joyce M. Thomas
Washington Law Review
Since the passage of the labor reform legislation of 1959, a member of a labor organization engaged in an industry affecting commerce has certain federally-recognized rights in addition to his rights under state law. In many instances he may have a choice between a state and a federal forum when he seeks a remedy against his union. In this Comment, the federal rights and remedies and the existing Washington law will be examined in broad summary form1 in order to evaluate the factors influencing the choice of forum.
Thoughts On Capital Punishment, Arval Morris
Thoughts On Capital Punishment, Arval Morris
Washington Law Review
Legal practices vary in states which allow the death penalty, but a jury can usually levy or recommend life imprisonment. Nevertheless, capital punishment flourishes in states which provide the alternate penalty. In one way or another, this optional life-or-death feature of legal litany necessitates that jurymen answer: "Do you think this defendant ought to be killed?" Citizens shirk this decision and often refuse to serve on death penalty cases. If this practice of citizen disqualification becomes widespread, it may well raise the question eventually of whether the death penalty has systematically excluded citizens to such an extent that it no …
Standing Requirements For Obtaining Review Of Governmental Action In Washington, Cornelius J. Peck
Standing Requirements For Obtaining Review Of Governmental Action In Washington, Cornelius J. Peck
Washington Law Review
A discussion of the requirements for obtaining review of governmental action might quickly degenerate into a sterile exercise in classification and distinction of the various situations in which challenges to governmental action were permitted or denied. The situations in which a person's interests, privileges, or rights have been sufficiently involved to confer upon him the standing to obtain review are many and varied. Certainly the Washington cases, which draw distinctions, later to be repudiated or ignored, between state action and municipal action and between expenditure of funds and control of property, as well as the various pertinent statutory provisions, offer …
The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck
The Uniform Commercial Code—A Modernization Of Commercial Law, Warren L. Shattuck
Washington Law Review
Editor's Note: The Uniform Commercial Code continues to be the major topic of interest in the commercial law area as additional states enact this important statute. The roster now includes Pennsylvania, Massachusetts, Kentucky, Connecticut, New Hampshire, and Rhode Island. This issue of the Review contains the first of a series of articles by Richard Cosway, which will complete the discussion of the sales coverage of the Code, commenced by Ralph W. Johnson (Sales-A Comparison of the Law in Washington and the Uniform Commercial Code, 34 Wash. L. Rev. 78 (1959)), and will continue with a comparison of the Code and …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part 2), Richard Cosway
Washington Law Review
This article is a continuation of the analysis made by Professor Ralph Johnson in an earlier issue of this Review of the effect on Washington law of article 2 (Sales) of the Uniform Commercial Code. As such, it will continue the format there established of a section by section analysis of the Code. Continues with section 2-204, Formation in General.
Damages In Washington Wrongful Death Actions, David C. Cummins
Damages In Washington Wrongful Death Actions, David C. Cummins
Washington Law Review
At common law there was no right of recovery for wrongful death and the cause of action for personal injuries did not survive the death of either the injured person or the tort-feasor. In 1846 Lord Campbell's Act was adopted, and not long thereafter wrongful death legislation appeared in every state, patterned largely after the English statute.
The Bulk Sales Law In Washington, P. Bruce Wilson
The Bulk Sales Law In Washington, P. Bruce Wilson
Washington Law Review
The recent case of Hull v. Minkler clarifies certain aspects and presents some new problems concerning Washington's Bulk Sales Law. The purpose of this comment is to discuss the general application of the statute as well as the principles set forth in the Minkler case.
Infants' Contracts And Their Enforcement, R. Ted Bottiger
Infants' Contracts And Their Enforcement, R. Ted Bottiger
Washington Law Review
The growing number of minors having sizable funds of their own to spend, either because of greater earning capacity or larger allowances, combined with concurrent growth in competition for such business, has posed with increasing frequency problems in the area of infant's contracts, rights and liabilities. Before an adult contracts with a minor, he should consider the minor's limited capacity and the availability of the infancy defense in suits to enforce such contracts. The defense of infancy is, however, subject to common law and statutory limitations which may preserve the adult's contract or property rights. The adult, upon realization that …
Trespass—Unseen Particles Constituting Invasion—Distinguished From Nuisance, Timothy R. Clifford
Trespass—Unseen Particles Constituting Invasion—Distinguished From Nuisance, Timothy R. Clifford
Washington Law Review
In the 1959 Oregon decision of Martin v. Reynolds Metals Co., the supreme court of that state re-investigated the fields of trespass and nuisance and incorporated into the former modern understanding which had previously been excluded from the aged legal concept.
Tax—Lease Agreements—Deductibility Of "Rental" Payments As Business Expense, Robert W. Mckisson Jr.
Tax—Lease Agreements—Deductibility Of "Rental" Payments As Business Expense, Robert W. Mckisson Jr.
Washington Law Review
During 1959 two cases involving the right to deduct as an "ordinary and necessary" business expense rental payments made pursuant to equipment lease contracts came before the Courts of Appeals of the Eighth and Ninth Circuits. Both taxpayers claimed the deductions were permissible by authority of section 162 (a) (3) of the 1954 Internal Revenue Code. In both cases the Commissioner of Internal Revenue determined that the "lease" agreements were actually conditional sales contracts, the taxpayer thereby having title to the property, or that with each "rental" payment the taxpayer acquired an equity in the property. The Commissioner disallowed the …
Labor Law, Denny E. Anderson
Labor Law, Denny E. Anderson
Washington Law Review
Covers cases on the jurisdictional conflict between state courts and the National Labor Relations Board.
Security Transactions, Yancey Reser
Security Transactions, Yancey Reser
Washington Law Review
Covers cases on purchase-money mortgages and mechanics' liens—priorities.
Recent Community Property Decisions, Toni C. Rembe
Recent Community Property Decisions, Toni C. Rembe
Washington Law Review
Covers cases on the character of federal savings bonds purchased with community funds and property acquired under installment purchase contracts.
Washington Case Law—1959; Constitutional Law, Joyce M. Thomas, Timothy R. Clifford
Washington Case Law—1959; Constitutional Law, Joyce M. Thomas, Timothy R. Clifford
Washington Law Review
Presented below is the seventh annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1959. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …
Contracts, Robert Baronsky
Contracts, Robert Baronsky
Washington Law Review
Covers cases on consideration—promise to perfom duty and on restraint of trade in the form of a condition.
Corporations, Anon
Corporations, Anon
Washington Law Review
Summarizes one case of first impression on a law on ownership control of stock which is issued by a Washington corporation but held in another state by domiciliaries of the latter state.
Criminal Law, Robert G. Swenson
Criminal Law, Robert G. Swenson
Washington Law Review
Covers cases on discovery in criminal actions.
Domestic Relations, William L. Carter
Domestic Relations, William L. Carter
Washington Law Review
Covers cases on adoption—necessity of consent by natural parent—constitutitonal aspects.
Government Regulation, Robert W. Mckisson
Government Regulation, Robert W. Mckisson
Washington Law Review
Covers cases on fair trade regulation—"non-signer" provision unconstitutional.
Insurance, Thomas B. Grahn
Local Government, Donna Berg
Local Government, Donna Berg
Washington Law Review
Covers cases on municipal corporations—power of eminent domain—condemnation of lands for resale to private industry and on zoning ordinances—power to require termination of nonconforming use.
Practice And Procedure, Raymond E. Brown
Practice And Procedure, Raymond E. Brown
Washington Law Review
Covers cases on summary judgment.
Sales, John F. Colgrave
Sales, John F. Colgrave
Washington Law Review
Covers cases on the implied warranty of fitness—partial reliance.
Statutory Construction, Thomas B. Grahn
Statutory Construction, Thomas B. Grahn
Washington Law Review
Covers cases on retroactivity of legislation—Workmen's Compensation Act—host-guest statute.
Torts, Lloyd W. Peterson, Robert D. Duggan, Jorgen Bader, Raymond E. Brown
Torts, Lloyd W. Peterson, Robert D. Duggan, Jorgen Bader, Raymond E. Brown
Washington Law Review
Covers cases on violation of civil rights—damages (Peterson); on personal injuries as community property—res ipsa loquitur (Duggan); on defamation (Duggan); on storekeeper's liability (Bader); on children staying after school—invitees or licensees (Bader); and on attractive nuisances (Brown).