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Full-Text Articles in Law

Report On Clients' Indemnity Fund, Hilton Gardner Nov 1959

Report On Clients' Indemnity Fund, Hilton Gardner

Washington Law Review

Some years ago the American Bar Association started a study of clients' security funds and appointed a committee known as the Committee on Clients and Security Funds. This committee of the State of Washington had frequently been asked just what is such a fund. Now a clients' security fund is a fund voluntarily established by the bar association for the purpose of reimbursing clients in those few instances in which a lawyer, while the attorney-client relationship existed, has misappropriated his clients' funds. The American Bar Association committee recommended the establishment of such funds by both state and local bar associations.


Confessions And Criminal Procedure—A Proposal, George Neff Stevens Nov 1959

Confessions And Criminal Procedure—A Proposal, George Neff Stevens

Washington Law Review

The time has come to review in the light of United States Supreme Court decisions the procedures presently employed by state courts in testing the voluntariness of confessions in criminal cases. If these procedures be wanting, new procedures should be and must be devised which will give promise of assuring compliance with the standards established by these United States Supreme Court decisions.


Double Jeopardy And Dual Sovereignty, James M. Feeley Nov 1959

Double Jeopardy And Dual Sovereignty, James M. Feeley

Washington Law Review

This Comment has been prompted by two recent United States Supreme Court decisions, Bartkus v. Illinois, and Abbate v. United States. In the former decision Bartkus, the defendant, was tried in the Federal District Court for the Northern District of Illinois on December 18, 1953, for the robbery of a federally insured savings and loan association of Cicero, Illinois, in violation of a federal statute. There was a jury trial and Bartkus was acquitted. Then on January 8, 1954, Bartkus was indicted by an Illinois grand jury charging a violation of a state robbery statute. This time Bartkus was convicted, …


Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck Nov 1959

Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck

Washington Law Review

Continues with conditions; and breach of promise as an excuse for failure to perform a return promise.


Taxation, Max Kaminoff Sep 1959

Taxation, Max Kaminoff

Washington Law Review

Covers revenue-raising measures.


Commercial Law, Robert L. Taylor Sep 1959

Commercial Law, Robert L. Taylor

Washington Law Review

Covers small loan companies.


Criminal Law, Arval A. Morris Sep 1959

Criminal Law, Arval A. Morris

Washington Law Review

Covers the anti-shoplifting law.


Elections, Alfred Harsch Sep 1959

Elections, Alfred Harsch

Washington Law Review

Covers primary and general elections for judges.


Labor Law, Cornelius J. Peck Sep 1959

Labor Law, Cornelius J. Peck

Washington Law Review

Covers the Washington minimum wage and hour act.


Real Property, Harry M. Cross Sep 1959

Real Property, Harry M. Cross

Washington Law Review

Covers the rule of perpetuities in trust dispositions and assessment and taxation of easements.


Procedure, Philip A. Trautman Sep 1959

Procedure, Philip A. Trautman

Washington Law Review

Covers expansion of in personam jurisdiction—force and effect of service of process outside of the state, court costs in actions by and against the state or a county, and jurors' fees.


Trusts, R. H. Nottelmann Sep 1959

Trusts, R. H. Nottelmann

Washington Law Review

Covers the Washington Trust Act.


The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover Sep 1959

The Curtis Doctrine: The Rights Of A Minority Union To Picket, John C. Hoover

Washington Law Review

In Curtis Bros., Inc., the National Labor Relations Board (NLRB) first enunciated the rule that picketing for recognition by a union representing a minority of the employees was an unfair labor practice because it violated section 8(b) (1) (A) of the National Labor Relations Act. The doctrine has never had the full support of all Board members. Moreover the initial reaction of the reviewing courts to this ruling has been unfavorable. The Curtis doctrine has been entirely rejected by the District of Columbia Court of Appeals, upon review of the Board's decision of the case, and partially rejected by one …


Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck Sep 1959

Washington Legislation—1959; Administrative Law, Philip A. Trautman, Cornelius J. Peck

Washington Law Review

The following articles, the work of the faculty of the School of Law and a member of the Washington Bar, constitute the first academic comment on the laws of 1959. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are merely a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Administrative Law section covers the Administrative Procedure Act (Trautman and Peck) and counties—coordination of administrative procedures (Trautman).


Constitutional Law, Robert L. Fletcher Sep 1959

Constitutional Law, Robert L. Fletcher

Washington Law Review

Covers seizure and destruction of obscene materials.


Search And Seizure—Due Process Of Law—Municipal Health Inspections—Frank V. Maryland, 79 Sup. Ct. 804 (1959), William B. Stoebuck Sep 1959

Search And Seizure—Due Process Of Law—Municipal Health Inspections—Frank V. Maryland, 79 Sup. Ct. 804 (1959), William B. Stoebuck

Washington Law Review

Answering a complaint, an inspector from the Baltimore health department searched defendant's neighborhood. After finding evidence behind defendant's home that suggested rats were inside, the inspector requested entry of defendant, which was refused. The inspector left and returned the next day for further exterior examination of the home but, not finding defendant there, again made no entry. Within a few days defendant was arrested, tried by a magistrate, convicted, and fined twenty dollars for violation of a Baltimore health ordinance requiring householders to admit health inspectors. The Baltimore Criminal Court affirmed the conviction, the Maryland Supreme Court denied certiorari, and …


Right To Jury Trial In Washington—Present And Future, Philip A. Trautman Sep 1959

Right To Jury Trial In Washington—Present And Future, Philip A. Trautman

Washington Law Review

A perennial problem confronting the attorney preparing for trial is whether his client has a right to a jury. In many, probably most, instances a trial to the court will be desired by all parties concerned. This may be because of the fear of prejudice on the part of a jury, or the desire for a more speedy trial before the judge, or the object of cutting expenses, or any of the other innumerable factors to be weighed in determining whether judge or jury is best for one's particular case. In other instances the sole question at issue will be …


Contracts In Washington, 1937-1957: Part Ii, Warren L. Shattuck Sep 1959

Contracts In Washington, 1937-1957: Part Ii, Warren L. Shattuck

Washington Law Review

Continues with assignment of rights and delegation of duties or conditions.


Corporation Law, J. Gordon Gose Sep 1959

Corporation Law, J. Gordon Gose

Washington Law Review

Covers the Massachusetts Trust Act of 1959 and the Securities Act of Washington.


Security Transactions, Warren L. Shattuck Sep 1959

Security Transactions, Warren L. Shattuck

Washington Law Review

Covers material and equipment suppliers' liens—time of giving notice of lien to property owners and priorities between liens.


"The Place Of The Wrong": Torts And The Conflict Of Laws, George W. Stumberg Sep 1959

"The Place Of The Wrong": Torts And The Conflict Of Laws, George W. Stumberg

Washington Law Review

In an article published in 1951, a well-known English authority on conflict of laws remarked, "To a foreign observer, it seems extraordinary that there should be so much uncertainty in the United States as to what law governs the validity of a contract, and so much uncritical acceptance of the rule that tort liability is governed by the law of the place of wrong."' The writer was referring, of course, to the rule embodied in the Restatement of Conflict of Laws, according to which the place of the wrong is that place where the tortious conduct of the defendant has …


Washington Case Law—1958; Administrative Law, Philip B. Wilson Jul 1959

Washington Case Law—1958; Administrative Law, Philip B. Wilson

Washington Law Review

Presented below is the sixth 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 third-year students on the staff 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 1958. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute …


Community Property, Richard W. Shelton Jul 1959

Community Property, Richard W. Shelton

Washington Law Review

Covers cases on the surrender value of community insurance subject to inheritance tax and on distinguishing community and separate property.


Domestic Relations, Frank J. Woody Jul 1959

Domestic Relations, Frank J. Woody

Washington Law Review

Covers cases on property settlement agreements—contempt—imprisonment for debt.


Natural Resources, Stanley B. Allper Jul 1959

Natural Resources, Stanley B. Allper

Washington Law Review

Covers cases on the right to waters of once-diverted stream flowing in a natural channel.


Real Property, Morton G. Herman Jul 1959

Real Property, Morton G. Herman

Washington Law Review

Covers cases on easements—rights of nonabutting property owners.


Tax, Anon Jul 1959

Tax, Anon

Washington Law Review

Summarizes a case on excise tax on sale of real estate—effect of subsequent rescission and another case on inheritance tax—cash value of insurance policy subject to taxation.


Wills And Probate, Stanley B. Allper Jul 1959

Wills And Probate, Stanley B. Allper

Washington Law Review

Covers cases on executors and administrators—accountability of administratrix for rental value of residence.


Traffic Victims—Tort Law And Insurance, By Leon Green (1958), Cornelius J. Peck Jul 1959

Traffic Victims—Tort Law And Insurance, By Leon Green (1958), Cornelius J. Peck

Washington Law Review

In a book which has already received much comment and surely will receive more, one of America's leading authorities on the law of torts has reviewed the historic development of principles for determining liability and explored the inadequacies of the existing legal system for distributing the enormous losses caused by modern traffic. The conclusion he reaches is that a system of compulsory liability insurance must be substituted for present-day negligence law. He then sets out the basic features of such a system.


Damages, Donald P. Lehne Jul 1959

Damages, Donald P. Lehne

Washington Law Review

Covers cases on damages for mental suffering resuslting from breach of contract.