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Articles 31 - 60 of 85
Full-Text Articles in Law
Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon
Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon
Washington Law Review
In June 1962, plaintiff applied to the State Liquor Control Board for change of location of his tavern license. Plaintiff proposed to move his tavern business around the corner and across the street from its former location. The Board investigated the proposed move, and, after careful consideration, notified the plaintiff of the Board's approval. In reliance on this notice of approval, plaintiff spent his life's savings acquiring, remodeling, and equipping the new location. Thereafter, without a formal hearing, the Board informed the plaintiff that approval of the proposed move had been withdrawn. The plaintiff sought a writ of mandamus directed …
The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog
The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog
Washington Law Review
The Court of Justice of the European Communities has inspired much legal writing, including many books and articles in English. Particular attention has been paid to its jurisdiction and general organization, much less to its procedure. But Professor Sereni has pointed out that differences in the domestic procedural laws of states appearing before an international court may cause difficulties in the work of the international tribunal itself. It therefore may be of interest to review briefly some aspects of the procedure of a court which is perhaps not an international tribunal in the strict sense of the word, but in …
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Constitutionality Of Conviction Under Narcotics Possession Statute, Anon
Washington Law Review
Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …
Sufficiency Of Proof To Establish Implied Contract, Anon
Sufficiency Of Proof To Establish Implied Contract, Anon
Washington Law Review
Plaintiffs, husband and wife, brought suit against decedent's estate for specific performance of an oral contract to convey or devise real property in return for personal services. An alternative claim asked for the reasonable value of services rendered and expenses paid by plaintiffs in decedent's behalf, and at his request, during the three years preceding his death. Plaintiff wife served as decedent's nurse, housekeeper and occasional provider during this period. Plaintiff husband performed various odd jobs at decedent's request. Throughout this period, plaintiffs received no compensation beyond infrequent use of decedent's lake cabin. Two witnesses testified that decedent told them …
Effect Of Conflicting "Other Insurance" Claims, Anon
Effect Of Conflicting "Other Insurance" Claims, Anon
Washington Law Review
Plaintiff was seriously injured when an automobile in which she was a passenger collided with another vehicle driven by an uninsured operator. Plaintiff's automobile insurance policy, issued by defendant, included coverage for bodily injury caused by uninsured motorists. Excluded from this coverage, however, was injury sustained in an automobile not owned by plaintiff, if the owner had "similar insurance" which was available to plaintiff. The owner of the automobile in which plaintiff was injured also carried insurance containing uninsured motorist coverage. His policy, written by another company, contained a pro rata clause restricting coverage to a proportionate share of the …
Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon
Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon
Washington Law Review
While plaintiff's shopping center was under construction, defendant second-class municipality prepared for installation of a stop light to aid traffic going to and from the center. A contractor was hired and the design was approved, but funds were not budgeted for the project. With the shopping center nearing completion, it was agreed that plaintiff would pay the cost of installation and defendant city would reimburse him out of the following year's budget. The city, without calling for bids on the contract, hired a contractor and plaintiff paid the cost of the traffic signal and its installation. In plaintiff's suit on …
Determination Of Time Of Taking Of Avigation Easement, Anon
Determination Of Time Of Taking Of Avigation Easement, Anon
Washington Law Review
Plaintiffs, owners of property lying under the flight path of planes using the airport owned and operated by defendant, brought inverse condemnation actions alleging defendant had acquired an avigation easement. Having concluded that the date of the taking was, as a matter of law, when the first regularly scheduled use of the runways in question began, the trial court dismissed the complaints because plaintiffs acquired their properties after that date. On appeal, a unanimous court reversed and remanded. Held: The taking of an avigation easement occurs, not when the first regularly scheduled commercial use of an airport commences, but when …
Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman
Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman
Washington Law Review
It is often said that the European Communities are unique, that they cannot be fruitfully compared to other institutions, whether international or federal. Certainly, to a common law lawyer they appear to be uniquely civil law creations; their solutions to various problems appear novel to him. Despite differences in approach much is to be learned by comparing or at least contrasting the European approach with that of the common law. Professor Herzog has well illustrated some of the differences in his excellent paper on the Court of Justice.
Establishment Of Interest In Intestate Decedents' Estate, Anon
Establishment Of Interest In Intestate Decedents' Estate, Anon
Washington Law Review
Plaintiff, surviving member of a thirteen year meretricious relationship with defendant's decedent, brought an action to establish a half-interest in the estate, consisting of both real and personal property. She stated alternative theories of recovery—including resulting trust, partnership, joint venture, and a pooling agreement—all but the first being contractually based. Although most of the assets of the estate were accumulated during their cohabitation, plaintiff was unable to prove by "clear, cogent, and convincing" evidence the existence of any significant monetary investment from her personal funds. The evidence indicated that her contribution to the accumulated assets consisted primarily of labor, including …
Definition Of Gross Negligence Under The Guest Statute, Anon
Definition Of Gross Negligence Under The Guest Statute, Anon
Washington Law Review
On a bright summer morning, defendant slowed her automobile, intending to make a left turn. The road stretched dry and straight before her for more than a mile. She turned on her left signal blinker, observed a truck in the distance coming toward her, and looked in her rear view mirror. Seeing a car pulling out to pass her, she slowed further and waited for it to go by. Then she turned abruptly to the left and drove straight into the path of the oncoming truck. Plaintiff passenger, seriously injured in the collision, sued defendant, alleging gross negligence. The trial …
Propriety Of Special Interrogatories To Explain Inconsistent Verdicts In Consolidated Actions, Anon
Propriety Of Special Interrogatories To Explain Inconsistent Verdicts In Consolidated Actions, Anon
Washington Law Review
Two automobiles, approaching at right angles to each other, collided midway in an intersection controlled by a traffic signal. The guest-passenger in Car One was fatally injured. The administratrix of his estate (hereinafter referred to as plaintiff) brought a wrongful death action against the driver of Car Two, alleging negligence. In a separate action the driver of Car Two sought property and personal injury damages from the host-driver of Car One, alleging the latter's negligence. The host-driver of Car One counterclaimed for property damage, alleging negligence on the part of the driver of Car Two. Since the three claims arose …
Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon
Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon
Washington Law Review
Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth …
Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon
Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon
Washington Law Review
Defendant's farm, including 550 acres devoted to production of cotton under an acreage allotment from the Department of Agriculture, was condemned by the federal government for an irrigation project. Defendant retained the right under section 1378 (a) of the Agricultural Adjustment Act to transfer its cotton quota to other property under its ownership, and did so. Trial before a jury resulted in an award to defendant based on the value of its property as a cotton farm, less the value of the section 1378 right retained. The government objected on the ground that the enhanced value to the land resulting …
Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon
Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon
Washington Law Review
Defendant was charged with unlawful possession of burglary tools, and fraudulent attempt to obtain narcotics. With agreement of defense counsel, the charges were consolidated for trial. At the close of the state's case, the trial court granted defendant's motion to suppress evidence relating to the burglary tools charge because it was obtained by an illegal search, dismissed the charge of unlawful possession of burglary tools, and instructed the jury to disregard all evidence or inferences concerning that charge. The trial court denied defendant's motion for a mistrial, and he was subsequently convicted of fraudulent attempt to obtain narcotics. On appeal, …
Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon
Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon
Washington Law Review
The Federal Trade Commission issued a cease and desist order under section two of the Clayton Act against petitioner, a manufacturer and distributer of plumbing supplies and equipment having 5.75 per cent of the national market. The gravamen of the FTC prosecution was price discrimination in the allowing by petitioner of a ten per cent price discount on "truck load" orders of its products. Petitioner requested the FTC to stay the cease and desist order until the FTC had investigated and instituted enforcement proceedings against the entire plumbing fixture industry. Petitioner alleged that enforcement of the order would put it …
Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon
Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon
Washington Law Review
The Seattle Municipal Code requires intermittent inspections by the fire chief of nonresidential buildings for the purpose of discovering and correcting fire hazards. Pursuant to the Code, an inspector, without a search warrant and without cause to believe that a fire hazard existed, sought entry into defendant's locked warehouse. Upon his refusal to allow entrance, defendant was tried and convicted for failing to submit to a fire inspection. On appeal, the conviction was affirmed. Held: The fourth amendment's prohibition of unreasonable search and seizure is not violated by a conviction for refusal to permit entrance into a commercial building for …
Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb
Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb
Washington Law Review
The delicate problems of the evolving relationship between supranational, European Economic Community Treaty law and the national law of the member countries are dramatically illustrated by the decisions of national courts and the Commission of the European Economic Community in the series of cases dealing with the legitimacy of sole distributorships coterminous with national boundaries of the member countries. The operational context of the actual cases in this field not only constitutes a more dramatic setting than the abstract study of the bare provisions of the Treaty of Rome and its implementing regulations; it also effectively brings to light a …
Comments On The Common Market, Robert A. Anthony
Comments On The Common Market, Robert A. Anthony
Washington Law Review
We have before us a subject that is more economic than legal. The important questions about that subject are more political than legal. Into such realms I venture only most warily. I find interesting Dennis Thompson's portrayal of the Common Market as "the only body in Europe that really matters." His characterization is as apt as it is pithy and, indeed, pertinent for his countrymen's consideration at this moment of economic and electoral decision. And it seems to me that we should ask: why is the Economic Community the only body that "matters"? It matters, I think, because it is …
Discretionary Acts Protected By Governmental Immunity, Anon
Discretionary Acts Protected By Governmental Immunity, Anon
Washington Law Review
Plaintiffs sought damages from the State of Washington for property destroyed by a juvenile escapee from Green Hill School, who set fire to a church and adjoining house. Plaintiffs alleged, inter alia, that the state was negligent in maintaining an "open program" in a "close security" institution, and in assigning the juvenile, regarded as a security risk, to the "open program."' Plaintiffs relied on a recent statute purportedly abolishing state immunity from liability for torts committed by officials, whether acting in a "governmental" or "proprietary" capacity. The trial court entered judgment on a verdict for plaintiffs. On appeal, the Washington …
Admissibility Of Blood Sample Evidence In Civil Case, Anon
Admissibility Of Blood Sample Evidence In Civil Case, Anon
Washington Law Review
At the instigation of a police officer, a blood sample was taken from defendant Clinton as he lay hospitalized with serious injuries resulting from an automobile collision in which another person was killed. The alcohol reading of the blood sample was 0.210, well above presumptive intoxication. Plaintiff, in an action for personal injuries and wrongful death, sought to introduce defendant's blood test in evidence. The trial court, in the absence of the jury, heard conflicting testimony and concluded that the blood sample was inadmissible because taken without conscious consent. On appeal from a judgment for defendant, the court reversed and …
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon
Washington Law Review
Plaintiff, operator of a retail furniture store, sold a five hundred dollar stereo set on installment contract to defendant Williams, knowing that defendant supported herself and seven children on a two hundred eighteen dollar monthly welfare payment. At the time defendant bought the set, she owed plaintiff one hundred sixty four dollars on thirteen prior purchases. The form contract provided that plaintiff would retain title to all items purchased until the purchaser had paid all amounts due in full, and that the debt on each item was secured by the right to repossess all items purchased. When defendant defaulted shortly …
Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon
Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon
Washington Law Review
A corporate promoter entered into an earnest money agreement which contemplated corporate purchase of real property. At the planned closing date, the incorporation process was incomplete. To avoid losing the property, the promoter entered into a real estate contract naming himself and two nominees as purchaser-trustees to hold the property in trust for the benefit of the proposed corporation. The one-percent real estate sales tax was paid by the seller, since the transfer to the trustees constituted a sale. One month later, the beneficiary was incorporated. Pursuant to the trust agreement, the trustees transferred the property to the corporation by …
Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern
Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern
Washington Law Review
It has been said that man's concepts of right and wrong and of justice are realized through his legal system; or to put it another way, that the law reflects the value judgments of the society in which it operates. More often than not, two societies will reflect two quite different images. The same can be said for legal education, another of the many mirrors in which societies can see themselves. To attempt to impose the forms and standards of one on another can obviously lead only to distortion. Unfortunately, this fact is apparently not so obvious to United States …
Equity Exceeding Homestead Exemption Value Subject To Execution, Anon
Equity Exceeding Homestead Exemption Value Subject To Execution, Anon
Washington Law Review
An action was brought by the plaintiff widow to permanently enjoin a judgment creditor from satisfying a judgment on a community debt from the surplus equity in the homesteaded realty over the homestead exemption. Plaintiff and her husband, in 1956, filed a valid declaration of homestead on their residence in Washington, which was held as community property. In 1958, defendants were granted judgment against the plaintiff and her husband as a marital community. Plaintiff's husband died in 1961, and one of the defendants was appointed administratrix of his estate in Washington. A writ of execution was issued on defendant's judgment, …
Introduction [To The Common Market: A Symposium], Richard B. Lillich
Introduction [To The Common Market: A Symposium], Richard B. Lillich
Washington Law Review
The symposium contains two parts. In the general part, Dennis Thompson, Esq., Assistant Director of the British Institute of International and Comparative Law and Editor of the Common Market Law Review, discusses in depth the history, operation and future of The Common Market: A New Legal Order. Professor Albert H. Garretson, a colleague of two Associate Reporters of the American Law Institute's Restatement of the Foreign Relations Law of the United States, uses its framework to examine The Foreign Relations Law of the Common Market. Comments on these papers are by Professor Robert A. Anthony, Director of International Legal Studies …
Assumption Of Risk—Basis For Denial Of Recovery?, Anon
Assumption Of Risk—Basis For Denial Of Recovery?, Anon
Washington Law Review
A recent decision of the Washington Supreme Court casts considerable doubt on the exact status of the defense of assumption of risk, and illustrates a serious problem concerning the judicial process in Washington. The action was brought against a school district for injuries received by a spectator at a high school football game. The school district supervised the game, no admission was charged, and the plaintiff, as a relative of one of the football players, was encouraged to attend. The plaintiff, who had previously seen only one football game, was standing about one foot from the side lines when a …
Duplication Of Damages: Invasion Of Privacy And Defamation, Anon
Duplication Of Damages: Invasion Of Privacy And Defamation, Anon
Washington Law Review
Defendant mayor of Medical Lake, Washington, exhibited to at least one person what appeared to be police photographs of the plaintiff, together with what appeared to be an "F.B.I. record" on him. Neither the photographs nor the "F.B.I. record" were what they appeared to be, but defendant indicated they represented criminal convictions of plaintiff. Plaintiff brought suit for defamation and invasion of privacy, and a jury returned favorable verdicts on both counts. However, the trial court granted defendant's motion for judgment notwithstanding the verdict on the invasion of privacy count. Plaintiff appealed, contending right of privacy should be recognized in …
Taxation Of Corporate Stock Received By Sole Shareholders Upon Cancellation Of Salary Obligations, Anon
Taxation Of Corporate Stock Received By Sole Shareholders Upon Cancellation Of Salary Obligations, Anon
Washington Law Review
Randall and Fender, sole and equal shareholders of Fender Sales, Inc., twice cancelled equal salary debts owned to them by their corporation. As part of these transactions, the corporation issued $100 par value common stock for each $100 of salary debt owed. Neither the corporation, which had previously deducted the salary liabilities as expenses for federal income tax purposes, nor the individuals, who were cash basis taxpayers, reported any income as a result of these transactions. The Commissioner of Internal Revenue determined that the receipt of stock constituted taxable salary income to the individuals or, alternatively, that the cancellation resulted …
The Financial Provisions Of The New Washington Business Corporation Act [Part 1], Richard O. Kummert
The Financial Provisions Of The New Washington Business Corporation Act [Part 1], Richard O. Kummert
Washington Law Review
The Model Business Corporation Act adopted by Washington during the 1965 Legislative Session becomes effective July 1, 1967. The financial provisions of the New Act are in many respects very complex and will be a matter of concern to local counsel in their efforts to prospectively arrange for the transition from the old to the New Act. The author, in the following pages, which represent the first half of a two-part article, explores the general philosophy, policy decisions and detailed provisions of the financial sections of the New Act. The second half of the article will be published in a …
Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon
Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon
Washington Law Review
Defendants were convicted of attempted burglary in the third degree and possession of burglar's instruments. Their counsel moved for a new trial, on his own affidavit, deposing that certain jurors had told him of an unauthorized visit during the trial to the scene of defendants' alleged crime, apparently in order to better understand the evidence. Denial of defendants' motion for a new trial was affirmed by the Appellate Division of the Supreme Court, and—on appeal to the New York Court of Appeals—again affirmed. Held: Affidavit of defense counsel that certain jurors had reported an unauthorized visit during a trial to …