Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 114

Full-Text Articles in Law

Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman Dec 1967

Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman

Washington Law Review

Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.


Water Pollution Control In Washington, L. A. Powe, Jr. Dec 1967

Water Pollution Control In Washington, L. A. Powe, Jr.

Washington Law Review

Puget Sound provides a disposal site for various municipal and industrial wastes. This Comment discusses the Washington Pollution Control Commission's attempts to secure improved water quality in the area. Because the pulp industry is the largest polluter in the region,1 the Comment focuses more sharply on the Commission's activity in securing abatement from this industry.


The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon Dec 1967

The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon

Washington Law Review

The State of Washington, through its Department of Game, purchased waterfront lots on Phantom and Ames Lakes and developed both properties into public fishing access areas. Large numbers of the public took advantage of these facilities, fishing from boats and the lake-shore. The two lakes, however, were not the kind found in true fishermen's dreams, isolated from civilization and surrounded by forests primeval. Both Phantom and Ames Lakes were surrounded by numerous residences, whose owners brought separate actions to enjoin the State from maintaining the public access areas, alleging nuisance and abuse of the lakes by the State's licensees. The …


The Financial Provisions Of The New Washingon Business Corporation Act, Part Iii, Richard O. Kummert Dec 1967

The Financial Provisions Of The New Washingon Business Corporation Act, Part Iii, Richard O. Kummert

Washington Law Review

No abstract provided.


The Financial Provisions Of The New Washingon Business Corporation Act, Part Iii, Richard O. Kummert Dec 1967

The Financial Provisions Of The New Washingon Business Corporation Act, Part Iii, Richard O. Kummert

Washington Law Review

No abstract provided.


Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman Dec 1967

Evolution In Washington Choice Of Law—A Beginning, Philip A. Trautman

Washington Law Review

Professor Trautman discusses Washington's new "most significant relationship" approach to conflict of laws by examining the recent cases of Baffin and Goble in relation to traditional approaches and the Restatement (Second). Because the cases mark the beginning of an evolutionary process in Washington, the author emphasizes the need to explore, find, and articulate the relevant factors to be considered in applying the "most significant relationship" test. Professor Trautman gives the Washington court and bar some useful beginning points for the case-by-case development of new and better conflict of laws rules.


Water Pollution Control In Washington, L. A. Powe, Jr. Dec 1967

Water Pollution Control In Washington, L. A. Powe, Jr.

Washington Law Review

Puget Sound provides a disposal site for various municipal and industrial wastes. This Comment discusses the Washington Pollution Control Commission's attempts to secure improved water quality in the area. Because the pulp industry is the largest polluter in the region,1 the Comment focuses more sharply on the Commission's activity in securing abatement from this industry.


The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon Dec 1967

The Tale Of Two Lakes—A New Chapter In Washington Water Law, Anon

Washington Law Review

The State of Washington, through its Department of Game, purchased waterfront lots on Phantom and Ames Lakes and developed both properties into public fishing access areas. Large numbers of the public took advantage of these facilities, fishing from boats and the lake-shore. The two lakes, however, were not the kind found in true fishermen's dreams, isolated from civilization and surrounded by forests primeval. Both Phantom and Ames Lakes were surrounded by numerous residences, whose owners brought separate actions to enjoin the State from maintaining the public access areas, alleging nuisance and abuse of the lakes by the State's licensees. The …


Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon Dec 1967

Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon

Washington Law Review

The ignition system of T's pickup truck had a safety switch to prevent the engine from being started when the automatic transmission was in gear. When T accidentally broke the safety switch, the ignition system became inoperable. To remedy that situation, T joined the wires of the ignition system so as to bypass the broken safety switch. He knew this modification made it possible to start the truck even when the transmission was in gear. Later the motor broke down, and T had the truck towed to defendant's dealership, where he sold it "as is" to defendant. T did not …


Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon Nov 1967

Duty To Warn Extended To Non-Commercial Vendor Selling Chattel "As Is", Anon

Washington Law Review

The ignition system of T's pickup truck had a safety switch to prevent the engine from being started when the automatic transmission was in gear. When T accidentally broke the safety switch, the ignition system became inoperable. To remedy that situation, T joined the wires of the ignition system so as to bypass the broken safety switch. He knew this modification made it possible to start the truck even when the transmission was in gear. Later the motor broke down, and T had the truck towed to defendant's dealership, where he sold it "as is" to defendant. T did not …


Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda Oct 1967

Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda

Washington Law Review

This paper will begin with a treatment of the North Pacific Fisheries Convention of 1952. After exploring this treaty and the abstention formula embodied in it, a study of the Northwest Pacific Fisheries Convention of 1956 and the formula incorporated therein will be undertaken. After studying the 1952 and 1956 Conventions, the paper will proceed to examine the recent fisheries agreement of 1965 between Japan and the Republic of Korea. This last agreement contains an idea of equal sharing of high seas fish resources among the nations concerned.


Politics Of The North Pacific Fisheries—With Special Reference To The Twelve-Mile Bill, Kline R. Swygard Oct 1967

Politics Of The North Pacific Fisheries—With Special Reference To The Twelve-Mile Bill, Kline R. Swygard

Washington Law Review

The purpose of this paper is to review the historical development of the federal legislation which established "a contiguous fishing zone beyond the territorial sea of the United States," popularly known as the 12-mile bill, with particular reference to the interplay of political forces in order to expose politics and its role in the North Pacific fisheries


Food Fishery Policies In The Western United States, William F. Royce, Edward D. Hansen Oct 1967

Food Fishery Policies In The Western United States, William F. Royce, Edward D. Hansen

Washington Law Review

Some of the obstacles to the growth of our fishing economy may lie in governmental policies relating to conservation and development of our food fish resources and food fish industry. Both the objectives and the means of achieving food fishery policies involve a system of government control over the business and the resource. We shall examine food fishery policies in the four states bordering on the Pacific Ocean: California, Oregon, Washington and Alaska. Our primary objective is to describe those policies, the authority from which they derive, the objectives and practices of the responsible departments, and the source of the …


Management Of The North Pacific Fisheries: Economic Objectives And Issues, James A. Crutchfield Oct 1967

Management Of The North Pacific Fisheries: Economic Objectives And Issues, James A. Crutchfield

Washington Law Review

In this paper, we attempt to narrow the areas of conflict by specifying more precisely the objectives of fishery utilization (and, inferentially, of fisheries management) in the North Pacific, and by analysis of the extent to which the optimal combination of regulatory measures in a theoretical framework must be modified to accommodate the technological, administrative, and political complexities that beset an international fishery. The basic bioeconomic theory of an ocean fishery is modified to show its application to a typical case involving interdependent exploited species and international differences in market prices of both inputs and end products. The analysis is …


Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke Oct 1967

Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke

Washington Law Review

The purpose of this paper is to examine certain aspects of the decision-making processes of intergovernmental institutions established for regulating interactions in the exploitation of ocean fisheries. The aspects selected are those denominated as internal constitutional arrangements; embracing, more specifically, the grant of capacity to the group, membership provisions, structure, objectives, and distribution of certain authority functions within the commissions. Very little attention is devoted to the external decision-making process involving the fishery commissions with other participants, including members and other public or private entities which a more comprehensive study would embrace. Fortunately, in light of anticipated developments in world …


The Japan-United States Salmon Conflict, Ralph W. Johnson Oct 1967

The Japan-United States Salmon Conflict, Ralph W. Johnson

Washington Law Review

The United States, Canada, and Japan signed the International Convention for the High Seas Fisheries of the North Pacific Ocean [hereinafter cited as Tripartite Treaty] on May 9, 1952, 11 days after the effective date of the Japanese Peace Treaty. This fisheries Treaty became effective June 12, 1953. It initiated the "abstention" principle whereby Japan agreed to abstain from fishing stocks of North American spawned salmon when the Commission, created in the treaty, was satisfied that the United States and Canada were taking the "maximum sustainable yield"' of those stocks, when it was demonstrated that United States and Canadian fishermen …


The Japan-United States Salmon Conflict, Ralph W. Johnson Oct 1967

The Japan-United States Salmon Conflict, Ralph W. Johnson

Washington Law Review

The United States, Canada, and Japan signed the International Convention for the High Seas Fisheries of the North Pacific Ocean [hereinafter cited as Tripartite Treaty] on May 9, 1952, 11 days after the effective date of the Japanese Peace Treaty. This fisheries Treaty became effective June 12, 1953. It initiated the "abstention" principle whereby Japan agreed to abstain from fishing stocks of North American spawned salmon when the Commission, created in the treaty, was satisfied that the United States and Canada were taking the "maximum sustainable yield"' of those stocks, when it was demonstrated that United States and Canadian fishermen …


The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto Oct 1967

The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto

Washington Law Review

It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …


Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda Oct 1967

Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda

Washington Law Review

This paper will begin with a treatment of the North Pacific Fisheries Convention of 1952. After exploring this treaty and the abstention formula embodied in it, a study of the Northwest Pacific Fisheries Convention of 1956 and the formula incorporated therein will be undertaken. After studying the 1952 and 1956 Conventions, the paper will proceed to examine the recent fisheries agreement of 1965 between Japan and the Republic of Korea. This last agreement contains an idea of equal sharing of high seas fish resources among the nations concerned.


Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki Oct 1967

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.


Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini Oct 1967

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …


New Uses Of International Law In The North Pacific, Douglas M. Johnston Oct 1967

New Uses Of International Law In The North Pacific, Douglas M. Johnston

Washington Law Review

Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …


Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki Oct 1967

Some Japanese Far-Sea Fisheries, Fukuzo Nagasaki

Washington Law Review

This paper briefly describes some of the Japanese far-sea fisheries in the Pacific Ocean which are now of international concern. This includes some of the Japanese salmon fisheries (including some classified in the off-shore fishery), the kingcrab fishery and the bottomfish fishery in the northern North Pacific, and the tuna fishery in the Pacific Ocean. Brief remarks are also made on recent conditions of the major stocks.


Politics Of The North Pacific Fisheries—With Special Reference To The Twelve-Mile Bill, Kline R. Swygard Oct 1967

Politics Of The North Pacific Fisheries—With Special Reference To The Twelve-Mile Bill, Kline R. Swygard

Washington Law Review

The purpose of this paper is to review the historical development of the federal legislation which established "a contiguous fishing zone beyond the territorial sea of the United States," popularly known as the 12-mile bill, with particular reference to the interplay of political forces in order to expose politics and its role in the North Pacific fisheries


New Uses Of International Law In The North Pacific, Douglas M. Johnston Oct 1967

New Uses Of International Law In The North Pacific, Douglas M. Johnston

Washington Law Review

Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …


Food Fishery Policies In The Western United States, William F. Royce, Edward D. Hansen Oct 1967

Food Fishery Policies In The Western United States, William F. Royce, Edward D. Hansen

Washington Law Review

Some of the obstacles to the growth of our fishing economy may lie in governmental policies relating to conservation and development of our food fish resources and food fish industry. Both the objectives and the means of achieving food fishery policies involve a system of government control over the business and the resource. We shall examine food fishery policies in the four states bordering on the Pacific Ocean: California, Oregon, Washington and Alaska. Our primary objective is to describe those policies, the authority from which they derive, the objectives and practices of the responsible departments, and the source of the …


Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke Oct 1967

Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke

Washington Law Review

The purpose of this paper is to examine certain aspects of the decision-making processes of intergovernmental institutions established for regulating interactions in the exploitation of ocean fisheries. The aspects selected are those denominated as internal constitutional arrangements; embracing, more specifically, the grant of capacity to the group, membership provisions, structure, objectives, and distribution of certain authority functions within the commissions. Very little attention is devoted to the external decision-making process involving the fishery commissions with other participants, including members and other public or private entities which a more comprehensive study would embrace. Fortunately, in light of anticipated developments in world …


The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto Oct 1967

The Abstention Principle And Its Relation To The Evolving International Law Of The Seas, Soji Yamamoto

Washington Law Review

It should be our task to objectively determine whether the abstention principle embodied in the Tripartite Treaty rationalizes the conservation of ocean resources in view of the historic development or transmutation of the concept of fishery rights under the international law of the seas. In order to do so, we must examine both the abstention principle and the historical development of fishery rights. Ultimately, this necessitates discussion of the consistency or lack thereof between the Tripartite Treaty and the Convention on Fishing and Conservation of the Living Resources of the High Seas. The validity of the abstention principle must be …


Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini Oct 1967

Economic And Legal Aspects Of Japanese Fisheries Regulation And Control, Salvatore Comitini

Washington Law Review

Japan is unique among the so-called free-market economies in that over 85 percent of all fishing operations is regulated and controlled by law. This distinguishing characteristic of Japanese fishing operations has led some observers to infer that it may be the most signficant factor in the seemingly "comparative advantage" which Japan enjoys over Western nations in high seas fishing. However, the regulations, as they have developed, are not as rigidly imposed and inflexible as those under a centrally planned economy such as that of the Soviet Union. Nor are the regulations quite as limited—in the economic sense of that term—as …


Management Of The North Pacific Fisheries: Economic Objectives And Issues, James A. Crutchfield Oct 1967

Management Of The North Pacific Fisheries: Economic Objectives And Issues, James A. Crutchfield

Washington Law Review

In this paper, we attempt to narrow the areas of conflict by specifying more precisely the objectives of fishery utilization (and, inferentially, of fisheries management) in the North Pacific, and by analysis of the extent to which the optimal combination of regulatory measures in a theoretical framework must be modified to accommodate the technological, administrative, and political complexities that beset an international fishery. The basic bioeconomic theory of an ocean fishery is modified to show its application to a typical case involving interdependent exploited species and international differences in market prices of both inputs and end products. The analysis is …