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Articles 1 - 25 of 25
Full-Text Articles in Law
Judicial Self-Restraint: Political Questions And Malapportionment, Stephen R. Mitchell
Judicial Self-Restraint: Political Questions And Malapportionment, Stephen R. Mitchell
Washington Law Review
Justice Felix Frankfurter, dissenting in the Tennessee Reapportionment Case, characterized the holding of that decision as "a massive repudiation of the experience of our whole past." Whether or not this is true we may presently discover, but in the meanwhile Baker v. Carr may safely be described as a truly momentous constitutional decision. Without wishing to labor the obvious, legislative apportionment can be a violently partisan problem which, in the normal course of things, we might expect the Court to bend every effort to avoid. It is an area in which judicial standards are elusive and in which judicial remedies …
Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris
Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris
Washington Law Review
In Baggett v. Bullitt, the Supreme Court of the United States ruled that professors at the University of Washington could not be required to execute two legislatively prescribed "loyalty" oaths. This high-court decision ended a nine-year battle carried on by the University's faculty. It marks a significant step forward in the achievement of constitutional protection for intellectual liberty everywhere. It is now questionable whether the act of swearing one's loyalty, as a condition of academic employment, an act utterly unrelated to academic competence, can constitutionally be required of a professor. Furthermore, the Court's opinion casts a cloud of doubt over …
Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins
Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins
Washington Law Review
In Washington, bidding procedures are controlled by a number of statutes. These have been set out in the appendix for the convenience of the reader. For the most part these statutes are unrelated in scope or content. The lack of uniformity in statutory pattern and the countless variations in administrative practice make any generalization dangerous. However, a brief statement of the general pattern is set out in the footnotes.
Police Discretion And Traffic Law Enforcement, Hayes Elder
Police Discretion And Traffic Law Enforcement, Hayes Elder
Washington Law Review
But, society, in its desire to secure our future safety on the highways, must not be driven by these alarming statistics to sacrifice personal freedoms. Although the first concern with traffic safety laws is to increase the motorist's chance for survival, these traffic laws, and the enforcement of them, create other problems that can undermine values fundamental to our society. This comment will discuss some of these problems, and shall suggest a possible course for our legislative bodies that may best effect greater traffic safety, and at the same time preserve the other values. For the sake of comprehension and …
Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi
Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi
Washington Law Review
Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern …
Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.
Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.
Washington Law Review
Shortly after its 1959 decision in State v. Thompson, the Washington Supreme Court was credited with having made substantial change in the availability of pretrial discovery in Washington criminal procedure. This comment seeks to determine the effect of State v. Thompson by surveying the law of pretrial discovery on two levels of the Washington judicial system. First, the comment analyzes the recent supreme court cases that followed State v. Thompson, emphasizing the policy reasons behind current Washington procedure. Then the comment discusses a survey of the state's trial judges, which was made in conjunction with this paper for the purpose …
Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long
Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long
Washington Law Review
The problem of delineating the boundaries of discovery under Rules 26-37 of the Federal Rules of Civil Procedure is constant, for the language of limitation in the rules themselves remains vague. The discretionary nature of these rules suggests determination of each case on its own record. The burden so imposed on district judges and the lack of definite standards in the rules themselves governing the exercise of discretion have undoubtedly contributed to the adoption by many judges of rather inflexible ancillary rules for the application of discovery in questionable areas. One of these areas concerns the extent to which expert …
Survey Of Medical Professional Liability In Washington, John Richard Steincipher
Survey Of Medical Professional Liability In Washington, John Richard Steincipher
Washington Law Review
Today, the number of these claims nears 9,000 a year at a cost of over 45 million dollars, such that one out of every seven physicians in the United States has been sued for professional negligence., This alarming increase in claims, the majority of which are deemed by many to be "without merit," represents one of the most interesting and paradoxical legal developments in recent years, since attorneys specializing in these matters estimate that they reject 80 per cent of the claims brought to them, and even with this, the defending physicians are victorious in 70 per cent of the …
Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren
Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren
Washington Law Review
No abstract provided.
American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern
American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern
Washington Law Review
No abstract provided.
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
Washington Law Review
This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke
Washington Law Review
The Antimonopoly Law of Japan became effective in July 1947, less than two decades ago. The act was extravagantly endorsed by the U.S. occupation forces as a charter for the economic future of Japan. It was indeed a significant undertaking, designed to implant democratic practices where none had existed before, and it required basic, almost revolutionary, changes in the economic structure of the nation. Equally important was the circumstance that this law was neither sought nor desired by the Japanese. It was imposed upon a defeated people, a device entirely alien to the history and culture of those who were …
Introduction To U.S.-Japanese Investment, Dan Fenno Henderson
Introduction To U.S.-Japanese Investment, Dan Fenno Henderson
Washington Law Review
The legal environment for foreign investment in Japan has undergone sweeping changes in the past year, both in the Japanese domestic legislation and in the international law spheres. New international law commitments started with findings of the International Monetary Fund (IMF) about a year and a half ago that Japanese economic conditions warranted a relaxation of foreign exchange controls, and after the necessary adjustments, on March 12, 1964, Japan arranged to shift her IMF status from an Article XIV country to an Article VIII country, meaning essentially that thereafter her foreign exchange budget was abolished and her current accounts (i.e., …
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
The steadily increasing economic and social contacts between Japan and the United States are illustrative of a development which has brought lawyers and laymen of all countries face to face with the need for more adequate, and accurate, information about the laws of all countries. Since the lawyer is the fount to which the informed layman turns for legal advice, it would seem quite natural for such a layman, faced with a problem involving foreign law, either to seek advice from his own attorney, or to turn to an alien admitted to the bar of the country, the laws of …
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler
Washington Law Review
No abstract provided.
Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson
Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson
Washington Law Review
U.S.-Japanese joint ventures are by far the most important form of direct foreign investment in Japan. For unlike most advanced governments elsewhere in the world, Japanese officialdom has, with precious few exceptions, denied validation under the Law Concerning Foreign Investment to all enterprises wholly-owned or even majority-owned by foreigners. Furthermore, it was basic Japanese policy not to validate even a minority equity in a Japanese enterprise unless the foreigner possessed essential technology which he would not make available to Japanese industry by straight patent or know-how licensing arrangements. Since before July 1963 validation only meant the right to repatriate capital …
Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi
Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi
Washington Law Review
Foreigners have been freely permitted to purchase shares of Japanese corporations since 1950, with the condition that the principal would not be freely remitted abroad. Until 1960 little attention was paid to this opportunity. The recent increase in foreign interest in Japanese equities has coincided with the easing of currency and exchange restrictions, particularly the shortening of the waiting period for the conversion of invested principal to the original currency of the investor. As of April 1, 1963, the waiting period was entirely eliminated, with the expectation of increased foreign investments. Because of the significant increase of foreign offerings in …
Personal Property As Collateral In Japan And The United States, Kazuaki Sono, Warren L. Shattuck
Personal Property As Collateral In Japan And The United States, Kazuaki Sono, Warren L. Shattuck
Washington Law Review
It is our purpose to compare Japanese and United States law and practice in the area of personal property security. Since it is not possible to find a precise common terminology for different types of security transactions, it seems desirable to arrange the discussion in terms of possessory and non-possessory security, and to use as subheads in the latter category the names of the American security devices. Security transfers of intangibles, chattel paper, and title documents are discussed under the possessory-security classification. An appendix includes English translations of cited Japanese statutes and pertinent Civil and Commercial Code as well as …
Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren
Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren
Washington Law Review
The decision of the University of Washington Law Review to commemorate the twenty-fifth anniversary of Mr. Justice Douglas on the Supreme Court of the United States is doubly appropriate. In the first place, his achievements during that important period of his life are in all respects worthy of review and contemplation. Secondly, it is fitting that a University of the great Northwest should make the synthesis at this midway stage of his brilliant judicial career because he is as much a Westerner in the old tradition as is to be found in public life today. Born in the Midwest, reared …
The Douglas Concept Of God In Government, Leonard F. Manning
The Douglas Concept Of God In Government, Leonard F. Manning
Washington Law Review
Could it be that the protests provoked by Engel were engendered not so much by what the Court held or by what Mr. Justice Black wrote as they were by the absolutist, all-encompassing sweep of Mr. Justice Douglas' concurring opinion? After all, Mr. Justice Douglas had been the author of "accommodations" for religion" and he had quite clearly and forthrightly proclaimed that "We are a religious people whose institutions presuppose a Supreme Being." But now in Engel, as though there were more fundamental questions which demanded more fundamental answers, Mr. Justice Douglas suddenly "grew half sick of shadows" and gave …
Washington's Alien Land Law—Its Constitutionality, Theordore Roodner
Washington's Alien Land Law—Its Constitutionality, Theordore Roodner
Washington Law Review
The law, currently extant in Washington, denying aliens who have not declared their intention in good faith to become citizens of the United States the right to own land, and the constitutional provision to the same effect have their beginnings in prejudice and mob violence. Although the modern application of the law has been directed almost solely at the Japanese residents of the state, at its inception it was probably aimed at the Chinese.
Critique On "The Constitution And Job Discrimination", William R. Ming, Jr.
Critique On "The Constitution And Job Discrimination", William R. Ming, Jr.
Washington Law Review
The Countryman basic thesis is sound. His analysis of the obligations of the several states is intriguing. But the history and nature of the problem of discrimination against Negroes in employment suggest that more be said of law and legal institutions in this area.
Justice Douglas On Freedom In The Welfare State: Constitutional Rights In The Public Sector [Part 1], Hans Linde
Justice Douglas On Freedom In The Welfare State: Constitutional Rights In The Public Sector [Part 1], Hans Linde
Washington Law Review
Twenty-five years, in constitutional law, is a long enough span that at its end a generation is apt to confront the problems created by its solutions to the tasks it inherited at the beginning. In the years before Mr. Justice Douglas took his seat on the Supreme Court in 1939, the attention of the whole nation had been held by an epic of constitutional history—the decision whether American government had the constitutional power to cope with the economic and social crisis of a breakdown in the private economy. In 1937, the Supreme Court had unlocked the federal arsenal. The previous …
A Critique Of "The Constitution And Job Discrimination", Jerre S. Williams
A Critique Of "The Constitution And Job Discrimination", Jerre S. Williams
Washington Law Review
Let this comment on Dean Countryman's article begin with a statement of those portions of his analysis with which the writer is in complete agreement. First, as a matter of general constitutional approach, I agree with his opposition to the assertion that there are ascertainable "neutral principles" of constitutional law. It seems inescapable to me that neutrality or lack thereof is in the eye of the beholder.
The Constitution And Job Discrimination, Vern Countryman
The Constitution And Job Discrimination, Vern Countryman
Washington Law Review
I should perhaps state the assumptions from which my discussion proceeds. I view discrimination on the basis of race, color, national origin or creed as an intolerable practice and a mockery of our national aspirations whether it occurs in the field of employment or elsewhere. The continuation of such practices more than 100 years after the Emanicipation Proclamation seems to me a national disgrace whose elimination cannot longer await the general enlightenment of all parts of the nation. The full powers of government should be brought to bear against such discriminatory practices. And in my search for the most effective …