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Articles 1 - 30 of 35
Full-Text Articles in Law
The Generation-Skipping Loophole: Narrowed, But Not Closed, By The Tax Reform Act Of 1976, Ira Mark Bloom
The Generation-Skipping Loophole: Narrowed, But Not Closed, By The Tax Reform Act Of 1976, Ira Mark Bloom
Washington Law Review
It is the purpose of this article to analyze the operation and effect of this important and complex system of taxation, highlighting the areas in which future reform may be advisable.
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Title Vii: Legal Protection Against Sexual Harassment, Kerri Weisel
Washington Law Review
This comment will focus on the three major themes raised by these decisions: (1) whether sexual harassment is or can be gender-based; (2) whether or not the supervisor must be treated as the representative of the employer; and (3) whether recognition of a Title VII cause of action will inundate the courts with unfounded claims of harassment. After exploring the approaches and analyses of the various courts, the comment concludes that sexual harassment can constitute a violation of Title VII's prohibition against sex discrimination; and that whether it does or not is basically a question of fact.
Nlrb Election Law, Cornelius J. Peck
Nlrb Election Law, Cornelius J. Peck
Washington Law Review
A book review essay considering Union Representation Elections: Law and Reality, by Julius G. Getman, Stephen B. Goldberg, and Jeanne B. Herman (1976).
Federal Tax Consequences Of Antenuptial Contracts, Patricia Murray
Federal Tax Consequences Of Antenuptial Contracts, Patricia Murray
Washington Law Review
This comment will examine the federal gift, estate, and income tax consequences of antenuptial contracts. Each of these taxes will be discussed separately. Antenuptial contracts which provide for the transfer of property arise more frequently in common law property states, where spouses have inchoate rights in one another's property, than in community property states, where the spouses share the community property equally. In the antenuptial contract setting, federal taxes are imposed upon the transfer of property; when an antenuptial contract provides for a transfer of property, there are no differences in the federal tax consequences between common law property and …
The Paradox Of Preferential Treatment—Reverse Discrimination—The Implications Of Lindsay V. City Of Seattle, 86 Wn. 2d 698, 548 P.2d 320, Cert. Denied Sub Nom. Brabant V. City Of Seattle, 97 S. Ct. 237 (1976), Kerry Radcliffe
Washington Law Review
In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. …
Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett
Good Sports And Bad Lands: The Application Of Washington's Recreational Use Statute Limiting Landowner Liability, John C. Barrett
Washington Law Review
No abstract provided.
Domestic Relations—Disposition Of Property Upon Termination Of Nonmarital Cohabitation—Marvin V. Marvin, 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), Linda R. Larson
Washington Law Review
Plaintiff and defendant began living together in 1964. At that time they entered into an oral agreement whereby they would combine their earnings and efforts and would share equally in all property accumulated while they cohabited. Plaintiff averred that, in addition, they agreed to hold themselves out to the general public as husband and wife, although both knew defendant was legally married to another woman. Plaintiff then consented to give up her career as an entertainer in exchange for financial support from defendant for the rest of her life. For the following seven years, plaintiff rendered full-time services as a …
Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.
Toward A Judicial Role For The Twenty-First Century, Charles L. Black, Jr.
Washington Law Review
Tonight, I am shifting to a new perspective in time. I would ask you to think of us as standing at a midpoint, just about equally distant from the decision in Brown v. Board of Education and the beginning of a new century, some twenty-three years back and forward. I remember the day the Brown case was decided; I learned of it, on a May afternoon still fragrant, from a group of Columbia law students in the drugstore-luncheonette on the corner of 116th Street and Broadway in New York. If you remember that day, or some other day in that …
Running Covenants: An Analytical Primer, William B. Stoebuck
Running Covenants: An Analytical Primer, William B. Stoebuck
Washington Law Review
Save for the subject of perpetuities (and arguably even including it), there is no subject encountered by law students in their basic property courses that so baffles them as does running covenants. But there seems to be no concise writing that lays out the subject of running covenants in a nutshell. It is not that nothing has been written on the subject, for much has been published this century on it and continues to be. The problem is that the writings deal with smaller or greater portions of the overall field. There are articles on real covenants, on equitable restrictions, …
Libel—New Standard For Liability For Media Defendants—Taskett V. King Broadcasting Co., 86 Wn. 2d 439, 546 P.2d 81 (1976), Allen D. Israel
Libel—New Standard For Liability For Media Defendants—Taskett V. King Broadcasting Co., 86 Wn. 2d 439, 546 P.2d 81 (1976), Allen D. Israel
Washington Law Review
William Taskett's advertising business had suffered serious financial setbacks which caused him to seek statutory corporate dissolution. Believing that his affairs had been put in order, he left the state for an extended vacation. Because his whereabouts were unknown to his unsatisfied creditors, which included several prominent Seattle businesses, KING Broadcasting Company decided that his "disappearance" was newsworthy, and made it the subject of a television news story. Taskett brought suit against KING for libel, alleging that its story had depicted him as a "thief and a swindler." Relying upon the controlling Washington authority of Miller v. Argus Publishing Co., …
Indian Law—Indian Sovereignty And Tribal Jurisdiction Over Non-Indian Offenders—Oliphant V. Schlie, 544 F. 2d 1007 (9th Cir. 1976), Kathleen A. Miller
Indian Law—Indian Sovereignty And Tribal Jurisdiction Over Non-Indian Offenders—Oliphant V. Schlie, 544 F. 2d 1007 (9th Cir. 1976), Kathleen A. Miller
Washington Law Review
Oliphant, the first attempt in recent case law to deal directly with the issue of tribal criminal jurisdiction over non-Indians, represents an acceptance of the theory that tribal sovereignty is diminished only to the extent that it is expressly limited by the federal government. The Court of Appeals for the Ninth Circuit held that, in the absence of any express limitations on tribal power, the original criminal jurisdiction of the tribe remains undiminished. After establishing this foundational principle, the court proceeded to analyze the alleged limitations on tribal jurisdiction. First, the court found no treaty purporting to limit the tribe's …
Conflict Of Interest, Robert H. Aronson
Conflict Of Interest, Robert H. Aronson
Washington Law Review
The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …
Civil Rights—The Supreme Court's Terrible Swift Sword: The Civil Rights Act Of 1866 And The Reconstruction Of Private Schools—Runyon V. Mccrary, 427 U.S. 160 (1976), Gerald Bresslour
Washington Law Review
Plaintiffs, black children, were denied admission to defendants' private schools solely on the basis of race. The children's parents had made applications for admission in response to brochures mailed to "resident" and advertisements directed to the general public. Alleging that defendants had violated 42 U.S.C. § 1981 by denying plaintiffs the same right to enter into contracts that was enjoyed by white applicants, plaintiffs filed a class action suit in federal district court. The district court enjoined defendants and intervenor Southern Independent School Association from further racial discrimination in their admission practices. A divided Court of Appeals for the Fourth …
Parol Evidence In Washington: The Use Of Extrinsic Evidence To Address The Integration And Interpretation Of Documents, Arden J. Olson
Parol Evidence In Washington: The Use Of Extrinsic Evidence To Address The Integration And Interpretation Of Documents, Arden J. Olson
Washington Law Review
Washington judicial treatment of these related concerns, the integration and interpretation of written contracts, constitutes the focus of this comment. Part One will distinguish integration from interpretation and highlight factors which bear on the choices between conflicting approaches to extrinsic evidence. Part Two will examine the rules governing the ascertainment of integration, by which courts decide whether the parties embodied their transaction in a written memorial, rendering it subject to the parol evidence rule. Part Three will analyze the analogous rules governing the extent to which a court interpreting the parties' language may look to the circumstances surrounding the document's …
Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe
Evidence—Admissibility Of The Victim's Past Sexual Behavior Under Washington's Rape Evidence Law—Wash. Rev. Code § 9.79.150 (1976), Evelyn Sroufe
Washington Law Review
Although R.C.W. § 9.79.150 deals with many sex crimes, this note is limited to its application in forcible rape cases. Part I examines various exclusionary rules of evidence in order to develop a framework for analysis of Washington's new law. Part II discusses the relevance of the victim's sexual history to her credibility as a witness; it concludes that the complete exclusion of past sexual history to attack credibility may be unconstitutional under the United States Supreme Court holding in Davis v. Alaska. On the other hand, Part III suggests that R.C.W. § 9.79.150 should be redrafted to limit further …
The Fishery Conservation And Management Act Of 1976: First Step Toward Improved Management Of Marine Fisheries, Warren G. Magnuson
The Fishery Conservation And Management Act Of 1976: First Step Toward Improved Management Of Marine Fisheries, Warren G. Magnuson
Washington Law Review
The purpose of this article is to discuss three things: First, the background which led to the passage of the Act is briefly outlined; second, the content of the Act is described; and finally, I discuss the significant elements of the debate on the bill, mainly those relating to United States foreign policy.
Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron
Potential Conflicts Between A Future Law Of The Sea Treaty And The Fishery Conservation And Management Act Of 1976, Jon L. Jacobson, Douglas G. Cameron
Washington Law Review
No abstract provided.
Congressional Authorization And Oversight Of International Fishery Agreements Under The Fishery Conservation And Management Act Of 1976, E. Susan Crystal
Congressional Authorization And Oversight Of International Fishery Agreements Under The Fishery Conservation And Management Act Of 1976, E. Susan Crystal
Washington Law Review
This note will examine three aspects of governing international fishery agreements as they reflect on the nature of those powers: (1) congressional power to authorize the agreements, (2) the delegation of legislative authority, and (3) congressional oversight of the GIFA's by use of the legislative veto.
Judicial Review Of Fishery Management Regulations Under The Fishery Conservation And Management Act Of 1976, Christopher L. Koch
Judicial Review Of Fishery Management Regulations Under The Fishery Conservation And Management Act Of 1976, Christopher L. Koch
Washington Law Review
There are many issues under the Act which may come before the courts, including the effect of the National Environmental Policy Act on management schemes and whether there may be judicial review of the executive branch's decisions on applications from foreign nations to fish within the 200-mile zone. But of paramount importance to those with a stake in the outcome of the management schemes is section 305(d) of the Act, which governs judicial review of fishery management regulations. Unfortunately, congressional discussion of this section is virtually non-existent, as the provision was a last minute addition to the Act. It is …
The Role Of Conservation And Fishery Science Under The Fishery Conservation And Management Act Of 1976, Dayton L. Alverson
The Role Of Conservation And Fishery Science Under The Fishery Conservation And Management Act Of 1976, Dayton L. Alverson
Washington Law Review
The enactment of the Fishery Conservation and Management Act of 1976, which extends United States jurisdiction over fishery resources seaward to 200 nautical miles, constitutes a radical departure from the legal and philosophical foundations of past United States fishery management. The Act incorporates major changes in the distribution of authority to manage fishery resources seaward of the territorial sea and broadens the goals of management to accommodate socioeconomic objectives. Furthermore, it explicitly mandates employment of the best scientific information available in the development of fishery management plans and seeks to establish a comprehensive program of fisheries research to carry out …
Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell
Enforcement Of The Fishery Conservation And Management Act Of 1976: The Policeman's Lot, Eugene R. Fidell
Washington Law Review
The purposes of this article are to analyze the enforcement provisions of the FCMA, to compare them with the terms of prior United States fisheries legislation, and to consider the probable shape of the enforcement program under the new law. Where appropriate, consideration will be given to parallel foreign developments as well as the possible interaction with the Revised Single Negotiating Text distributed at the end of the New York session of the Third United Nations Conference on the Law of the Sea in May 1976. In several instances, the need for corrective legislation, which is apparently being addressed within …
Real Property Attachment—Property Or Economic Interest?—Hansen V. Weyerhaeuser Co. (In Re Northwest Homes, Inc.), 526 F.2d 505 (9th Cir. 1975), Cert. Denied, 425 U.S. 907 (1976), Deborah Elvins
Washington Law Review
In late 1971 the Weyerhaeuser Company initiated a lawsuit against Northwest Homes of Chehalis, Inc., for goods sold and delivered. To ensure satisfaction of any subsequent judgment, Weyerhaeuser obtained liens against the defendant's real property pursuant to the Washington attachment statute. Northwest Homes received neither notice nor an opportunity to be heard prior to the attachment. Hansen, appointed receiver in Northwest's subsequent bankruptcy, applied for an order invalidating the attachment. In December 1972 the referee declared the Washington attachment statute unconstitutional under the due process clause of the fourteenth amendment to the United States Constitution and under article I, section …
Fishery Management And The General Welfare: Implications Of The New Structure, Guilo Pontecorvo
Fishery Management And The General Welfare: Implications Of The New Structure, Guilo Pontecorvo
Washington Law Review
This article is an effort to assess one aspect of the Fishery Conservation and Management Act of 1976: the structure and the composition of membership of Regional Fishery Management Councils. In Part I, the article briefly reviews the conservation and management problems facing United States fisheries. It also considers the objectives of the Act and the relationship of these objectives to the economic criteria normally employed for the assessment of the impact of legislation on the general welfare.
Recapture Of Economic Rent Under The Fcma: Sections 303-304 On Permits And Fees, William T. Burke
Recapture Of Economic Rent Under The Fcma: Sections 303-304 On Permits And Fees, William T. Burke
Washington Law Review
The purpose of this brief article is to consider these interpretations of the Act and to suggest, in contrast, that the Act can and should be interpreted as preserving some methods of capturing the increased economic rent that will probably be generated by a limited-entry scheme. Discussion centers about the terms of the Act itself and the guidance they provide, the legislative history of the Act, and the removal of ambiguity or uncertainty by reference to the major purposes sought by the Act.
Symposium On The Fishery Conservation And Management Act Of 1976, Anon
Symposium On The Fishery Conservation And Management Act Of 1976, Anon
Washington Law Review
The Washington Law Review, mindful of the fact that preparation for the future is as vital an endeavor in the law as elsewhere, hopes to offer in this Symposium a foundation for interpretation and discussion of this important and complex legislation.
The Fishery Conservation And Management Act Of 1976: Management Objectives And The Distribution Of Benefits And Costs, Francis T. Christy, Jr.
The Fishery Conservation And Management Act Of 1976: Management Objectives And The Distribution Of Benefits And Costs, Francis T. Christy, Jr.
Washington Law Review
The purpose of this article is to raise some questions concerning the appropriate objectives for fishery management. Management objectives are evaluated by examining the implications of different policies regarding the distribution of benefits and costs among the many and varied interests involved. Part I of the article begins with a discussion of the failure of the Act and its legislative history to provide satisfactory objectives. Part II identifies some of the interests related to the use of fishery resources, and Part III examines the likely effects on these interests of policy choices in three issue areas—the adoption of entry limits …
Economic Dimensions Of Fees And Access Control Under The Fishery Conservation And Management Act Of 1976, Robert C. Anderson, James A. Wilson
Economic Dimensions Of Fees And Access Control Under The Fishery Conservation And Management Act Of 1976, Robert C. Anderson, James A. Wilson
Washington Law Review
This article is devoted to an analysis of how these new management tools can be used most effectively as applied to domestic and foreign fishermen.
Constitutional Law—The Federal System—State Sovereignty As An Implied Restraint Upon The Commerce Power—National League Of Cities V. Usery, 426 U.S. 833 (1976), Kim Buckley
Washington Law Review
This note has four main objectives: (1) to evaluate the Court's reliance upon the structures and relationships established by the Constitution to support an implied limitation upon congressional power; (2) to consider whether the rationale behind intergovernmental tax immunities should be extended to commerce clause legislation; (3) to ascertain when a state sovereignty limitation is not appropriate; and (4) to identify some theoretical and practical implications National League may have for the future of the federal system. The primary conclusion reached is that the continued existence of the federal system requires the imposition of a state sovereignty limitation on all …
Administrative Law—Licensing By Municipal Bodies: A Judicial Function—Standow V. City Of Spokane, 88 Wn. 2d 624, 564 P.2d 1145 (1977), Leila Taaffe
Washington Law Review
In this note, the reasoning behind the court's decision will be examined and it will be urged that, despite flaws in the analysis, the result in this case is a sound one. Discretionary municipal action which cannot be reviewed under the Washington Administrative Procedure Act but which "involves application of existing law to past or present facts for the purpose of declaring or enforcing liability... resembles the ordinary business of courts" and should be susceptible to judicial review on petition for a writ of statutory certiorari.
Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke
Submerged Passage Through Straits: Interpretations Of The Proposed Law Of The Sea Treaty Text, William T. Burke
Washington Law Review
Among numerous important problems before the Conference, one of the most critical is the right of transit passage through straits, those narrow passageways which would fall within the territorial sea when nations generally agree on a twelve-mile limit. The right of submarines to pass submerged through straits (and of airplanes to overfly) is at the center of the transit passage issue. This is a key issue because the two major naval powers, the United States and the U.S.S.R., insisted early in the Conference's preparatory work on the necessity of an assured right of transit for all vessels and aircraft through …