Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Indigenous, Indian, and Aboriginal Law (6)
- Education Law (3)
- Water Law (3)
- Civil Rights and Discrimination (2)
- Jurisdiction (2)
-
- Legal Profession (2)
- Natural Resources Law (2)
- Property Law and Real Estate (2)
- Taxation-Federal (2)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Common Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Environmental Law (1)
- Family Law (1)
- Housing Law (1)
- Intellectual Property Law (1)
- International Law (1)
- Labor and Employment Law (1)
- Law and Gender (1)
- Legal Ethics and Professional Responsibility (1)
- Legislation (1)
- State and Local Government Law (1)
- Taxation-Federal Estate and Gift (1)
- Taxation-State and Local (1)
- Workers' Compensation Law (1)
Articles 1 - 30 of 31
Full-Text Articles in Law
Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe
Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe
Washington Law Review
This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.
School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen
School Finance Litigation—The Styles Of Judicial Intervention, William R. Andersen
Washington Law Review
Current debates about the legality of public school funding systems recognize that existing systems combine state, local, and federal revenue sources. The exact nature of the governmental partnership involved is seldom specified, however, and the result is that the institutional relationships are not clearly seen. This failure of perception leads to difficulties when a court is asked to determine the constitutionality of such systems. Two recent state school finance opinions will be analyzed here to compare two different styles of judicial intervention. This article does not deal with all school finance litigation nor with all styles of judicial involvement in …
Federal Estate Tax—Valuation Of A Deceased Spouse's Interest In Community Owned Stock—Estate Of Lee V. Commissioner, 69 T.C. 860 (1978), Lisa S. Frye
Washington Law Review
This note questions the propriety of allowing discounts to reflect lack of control where spouses enjoyed joint control over undivided interests in a majority block of shares. The issue is examined in light of existing case law and by reference to Washington community property law and federal estate taxation policies. The note concludes that, although Lee is not contrary to any explicit provision in the Internal Revenue Code, discounting a deceased spouse's share of a community owned majority block neither accurately reflects the degree of control its owners enjoyed nor effectively taxes wealth transfers at death.
The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard
The Failure Of Situation-Oriented Professional Rules To Guide Conduct: Conflicting Responsibilities Of The Criminal Defense Attorney Whose Client Commits Or Intends To Commit Perjury, Joni Hammersla Ostergaard
Washington Law Review
The legal profession has long promulgated rules in an effort to guide attorneys toward appropriate ethical behavior. By formulating such rules and by enforcing them through professional discipline, the profession has undertaken the admirable task of policing its own members. The past decade has seen a proliferation of different standards for attorney conduct, in part because of common law developments in the areas of legal malpractice and ineffective assistance of counsel. In addition, the bar has contributed to the proliferation of conduct rules by establishing standing committees that have promulgated advisory ethical standards in certain specialized fields. Despite the increasing …
Respective Roles Of Senate And President In The Making And Abrogation Of Treaties—The Original Intent Of The Framers Of The Constitution Historically Examined, Arthur Bestor
Washington Law Review
The first part of the present article examines the specific question of the placement in the constitutional system of the power to terminate a treaty originally ratified by and with the advice and consent of the Senate, two-thirds of the members present concurring. The power of terminating a treaty is, of course, only a particular segment or subdivision of the far more inclusive power of determining the foreign policy of the Nation. Accordingly, after considering the evidence bearing directly upon the narrow question of treaty abrogation, the present article turns to the larger question of the relationship the framers intended …
Workers' Compensation—Third-Party Tort Liability To Injured Workers Under R.C.W. Title 51—Seattle-First National Bank V. Shoreline Concrete Co., 91 Wn. 2d 230, 588 P.2d 1308 (1978), Cheryl A. Johnson
Washington Law Review
Washington's Industrial Insurance Act immunizes employers from tort actions brought by their injured employees. Dissatisfied with the modest compensation assured by the Act, employees often seek other parties to sue. Manufacturers who supply job-related equipment to employers are popular defendants because they are unprotected by the Act. In Seattle-First National Bank v. Shoreline Concrete Co. the Washington Supreme Court rendered the manufacturer's role as the employer's cotortfeasor particularly onerous. With only a cursory examination of policy, the court interpreted the Act as immunizing employers from suits by manufacturers for contribution, indemnity, or apportionment. In rejecting the trial court's innovative attempt …
Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst
Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst
Washington Law Review
This note examines four aspects of rezoning decisions addressed by the Parkridge court: the policy basis upon which rezoning actions may legitimately be grounded; the quantum of evidence necessary to support a rezoning decision;" the allocation of the burden of proof in rezoning actions; and the presumption of validity, if any, accorded local rezoning decisions.
The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen
The Antitrust Consequences Of Manufacturer-Suggested Retail Prices—The Case For Presumptive Illegality, William R. Andersen
Washington Law Review
A manufacturer's suggestion of resale prices to dealers is an example of price-affecting conduct which is said to create no antitrust liability despite the fact that liability would result from identical conduct if the parties were horizontally related. This article argues that permitting parties to tamper with the price term in any fashion risks contravention of the policies behind the antitrust laws, and that making the antitrust consequence turn on whether the parties appear to be related vertically or horizontally is not an intelligible way of minimizing that risk. In conclusion it is recommended that suggested prices should be presumptively …
Federal Income Tax—Amoritization And The Expansion Sports Franchise—First Northwest Industries Of America, Inc. V. Commissioner, 70 T.C. 817 (1978), Roberta Reiff Katz
Federal Income Tax—Amoritization And The Expansion Sports Franchise—First Northwest Industries Of America, Inc. V. Commissioner, 70 T.C. 817 (1978), Roberta Reiff Katz
Washington Law Review
This note will first discuss past taxation practices of professional sports franchises. It will explain the "mass asset theory" as it has been applied to intangible assets outside the sports context and then examine the conflicting positions of the IRS and the Sonics as to the theory's applicability to the expansion franchise. Next, it will discuss the Tax Court's reasons for deciding not to apply the theory in First Northwest and suggest that the Ninth Circuit should similarly conclude that the theory is inappropriate in the context of expansion franchises. Finally, the note will explain the primary problem that results …
Collective Bargaining—Faculty Status Under The National Labor Relations Act—Nlrb V. Yeshiva University, 582 F.2d 686 (2d Cir. 1978), Cert. Granted, 99 S. Ct. 1212 (1979), James C. Howe
Washington Law Review
Supervisors and managerial employees were originally excluded from the NLRA's protections to solve problems caused by the unionization of decisionmakers working in the hierarchy of business organizations. Decisionmaking at Yeshiva, however, as in much of higher education, is organized on a non-hierarchical, collective basis. The Yeshiva court implicitly assumed, despite the University's non-hierarchial decisionmaking structure, that the policies underlying the exclusion of supervisors and managerial employees would be served by denying faculty the right to bargain collectively. This note tests that assumption. It examines the extent to which the purposes for excluding supervisory and managerial personnel from the NLRA's protections …
Water Law—Quantification Of Water Rights Claimed Under The Implied Reservation Doctrine For National Forests—United States V. New Mexico, 438 U.S. 696 (1978), Michael Wrenn
Washington Law Review
United States v. New Mexico is the first Supreme Court decision to quantify reserved water rights available for the national forests. The narrow scope accorded the implied reservation doctrine as applied to the United States' claims for water for recreational and wildlife purposes reflects recognition by the Court that the implied reservation doctrine will be limited in the face of competing claims based on state law. The Court's decision limits federal interests under the reserved rights doctrine without providing adequate protection for the water needs of the national forests. The decision also deprives the implied reservation doctrine of the flexibility …
Private Suits Under Washington's Consumer Protection Act: The Public Interest Requirement, Carol Safron Gown
Private Suits Under Washington's Consumer Protection Act: The Public Interest Requirement, Carol Safron Gown
Washington Law Review
This comment discusses the current state of the law in the area of private remedies for unfair business practices and focuses on two questions: (1) Is the public interest requirement for private suits under the Act justified? (2) What are the appropriate tests for finding an effect on the public interest? The comment concludes that the statutory purpose and historical context justify the public interest requirement but that the Washington courts have not yet developed a sufficiently specific test for determining when the requirement has been met. A specific test is therefore suggested to fulfill the appropriate function of the …
Criminal Procedure—Washington's Standard For Determining Ineffectiveness Of Counsel—State V. Jury, 19 Wn. App. 256, 576 P.2d 1302 (1978), Joanne L. Tompkins
Criminal Procedure—Washington's Standard For Determining Ineffectiveness Of Counsel—State V. Jury, 19 Wn. App. 256, 576 P.2d 1302 (1978), Joanne L. Tompkins
Washington Law Review
This note first examines the development of the standards currently applied in Washington for determining whether a defendant has been denied effective assistance of counsel and whether that denial was prejudicial. It then analyzes the Jury court's application of the standards, and concludes that the court's interpretation of the standards, while better reasoned than prior Washington case law, is not supported by Washington Supreme Court precedent. Finally, it is suggested that Jury's primary importance is the increased pressure it may place on the Washington Supreme Court to review and clarify this area of Washington law
Chemical Compounds Related As Genus And Species And The Patentability Requirement Of Novelty, Patricia E. Roberts
Chemical Compounds Related As Genus And Species And The Patentability Requirement Of Novelty, Patricia E. Roberts
Washington Law Review
The patentability of chemical compounds related as genus and species presents a problem in deciding the proper scope of patent protection granted to an inventor. Should the inventor of a genus be granted a patent covering all of the often numerous compounds which the genus might include? Should disclosure of the genus automatically eliminate a later inventor's ability to patent individual members of the genus, or should a court consider genus size and similarity of structure and properties in deciding patentability of the individual species? The Court of Customs and Patent Appeals has examined some of these issues.This comment will …
Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins
Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins
Washington Law Review
In 1978 the Supreme Court in Oliphant v. Suquamish Indian Tribe held that the retained sovereignty of Indian tribes over tribal reservations does not include the power to punish non-Indians who commit offenses against tribal law.' Based on a number of facts and premises, the Court concluded that it had been assumed from the beginning that the tribes lack this authority except where expressly recognized or conferred by treaty provision or act of Congress. The Court also relied on the fact that during the formative years few Indian tribes had the governmental structure necessary to comply with Anglo-American requirements of …
Issues In Federal, State, And Tribal Taxation Of Reservation Wealth: A Survey And Economic Critique, Russel Lawrence Barsh
Issues In Federal, State, And Tribal Taxation Of Reservation Wealth: A Survey And Economic Critique, Russel Lawrence Barsh
Washington Law Review
This article will consider the most important Indian tax decisions, comparing the intended results of the decisions in the context of congressional Indian law with their probable economic consequences. Part II briefly reviews the main factors essential for proper economic evaluation of a tax. Part III critically surveys recent law of federal taxation of reservation wealth. Part IV similarly surveys and criticizes decisions regarding state taxation of reservation wealth. Part V offers alternate resolutions for state-Indian taxation disputes. In Part VI, the article proposes a framework for applying tax economics productively to the problem of meeting tribal revenue needs.
Benign Solicitation Of Clients By Attorneys, Joe Wishcamper
Benign Solicitation Of Clients By Attorneys, Joe Wishcamper
Washington Law Review
The purpose of this comment is to discuss the social benefits offered by benign commercial solicitation, examine the weaknesses in the current ABA rules and court doctrine, and suggest arguments that could be presented to persuade a court to abandon the traditional doctrine and provide protection for such solicitation. An alternative approach is presented which suggests dealing with solicitation cases by applying a "circumstances" oriented test. The suggested test would avoid some of the infirmities of the present doctrine and would be more useful in predicting outcomes of such cases.
Introduction To Indian Law Symposium. Indian Law And Policy: The Historian's Viewpoint, Rennard Strickland
Introduction To Indian Law Symposium. Indian Law And Policy: The Historian's Viewpoint, Rennard Strickland
Washington Law Review
One purpose of this special section is to bring new and fresh perspectives to the field of Indian law. The editors hope to create a broader understanding of the concerns of the Indian, the non-Indian community, the states, and the federal government. I hope to give you a look from yet another viewpoint, the historian's viewpoint. To historians there is the appearance of great circularity yet underlying continuity in the course of Indian law and policy. In this brief introduction I want to convey to you something of that historian's viewpoint in the hope that these new perspectives on Indian …
Constitutional Law—Sex Discrimination Under The Equal Rights Amendment—Marchioro V. Chaney, 90 Wn. 2d 298, 582 P.2d 487 (1978), Prob. Juris. Noted, 99 S. Ct. 718 (1979), Irene Hecht
Washington Law Review
Two of several statutes governing the composition and organization of the major political parties in Washington, R.C.W. § 29.42.020 and R.C.W. § 29.42.030, require that certain pairs of party representatives consist of one man and one woman. Following an intraparty dispute various interested persons filed suit, challenging, inter alia, the constitutionality of R.C.W. §§ 29.42.020-.030 under Washington's Equal Rights Amendment (ERA). The trial court granted the plaintiffs summary judgment on this claim. In a five to four decision the Washington Supreme Court reversed, upholding the constitutionality of both statutes under the ERA because they did not discriminate on the basis …
A Standard For Judicial Review Of Administrative Decisionmaking Under Sepa—Polygon Corp. V. City Of Seattle, 90 Wn. 2d 59, 578 P.2d 1309 (1978), Michael W. Elsass
A Standard For Judicial Review Of Administrative Decisionmaking Under Sepa—Polygon Corp. V. City Of Seattle, 90 Wn. 2d 59, 578 P.2d 1309 (1978), Michael W. Elsass
Washington Law Review
This note will discuss the necessity of judicial review of administrative decisions which are made after the evaluation of an EIS. The note concludes that the relatively broad standard chosen by the court is appropriate for the review of administrative decisions made under SEPA.
Historic Preservation—Transferable Development Rights As Mitigation Rather Than Just Compensation—Penn Central Transportation Co. V. New York City, 438 U.S. 104 (1978), Douglas L. Batey
Washington Law Review
Plaintiff was prevented by the New York City Landmarks Preservation Law from erecting a multi-story office building above Grand Central Railroad Terminal. Plaintiff was not compensated, but was allowed to transfer the Terminal's unused development rights to other sites. The trial court found this restriction unconstitutional unless "just compensation" was provided, and granted injunctive and declaratory relief. The New York Supreme Court, Appellate Division, reversed, finding that Penn Central, the plaintiff, had not been unconstitutionally deprived of its property. This decision was affirmed by the New York Court of Appeals. In a six to three decision, the United States Supreme …
Tribal Preemption, Eric R. Biggs
Tribal Preemption, Eric R. Biggs
Washington Law Review
This comment analyzes the sources for the tribal preemption doctrine and the application of the doctrine. Because preemption necessarily involves a conflict between entities which seek to assert jurisdiction over the same subject matter, the general contours of jurisdiction over Indians must first be examined. The comment then discusses the federal preemption doctrine in order to explain more fully the aspects of tribal preemption which rest upon federal preemption. After an examination of how tribal preemption is applied in various settings, the comment will briefly look at the possibilities of partial tribal preemption. Finally, the comment concludes that a two-step …
Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal
Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal
Washington Law Review
This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.
The Puyallup Indians And The Reservation Disestablishment Test, Richard M. Slagle
The Puyallup Indians And The Reservation Disestablishment Test, Richard M. Slagle
Washington Law Review
This comment considers whether the Puyallup Indian Reservation was disestablished when it was opened near the turn of the century for settlement by non-Indians. Although the Ninth Circuit Court of Appeals has held that "the Puyallup Indian Reservation continues to exist," subsequent dictum of the United States Supreme Court casts doubt upon the continuing validity of this holding. The question of the reservation's continued existence has also been raised in recent litigation. After reviewing the Puyallup Indian Reservation's history and analyzing it in the context of Supreme Court decisions concerning disestablishment, this comment concludes that the Puyallup Indian Reservation was …
Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams
Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams
Washington Law Review
The U. S. Supreme Court held in California v. United States, 98 S. Ct. 2985 (1978), that under section 8 of the Reclamation Act of 1902, a state may impose on a permit granting water to the United States for a federal reclamation project any conditions which are not inconsistent with federal statutes. The six-three majority opinion, written by Justice Rehnquist, marks a significant departure from prior cases which had severely limited the role of state law in federal reclamation projects. A strongly worded dissent argued that the federal government must follow state law to a limited extent in the …
State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva
State Regulation Of Federally Chartered Financial Institutions: Washington's Anti-Redlining Act, Richard H. Cleva
Washington Law Review
The purpose of this comment is to analyze the law on state regulation of federal financial institutions and then to apply that analysis to the Washington act in order to determine whether the act can validly be applied to national banks and federal savings and loan associations. Part II critically describes the Washington act and compares it with federal law on the same subject. Part III surveys the judicially developed limits on state regulation of federal financial institutions. Part IV then considers the validity of the Washington act as applied to federal financial institutions in light of the judicial limits …
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Washington Law Review
Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …
Domestic Relations—Post-Minority Child Support In Dissolution Proceedings—Childers V. Childers, 89 Wn. 2d 592, 575 P.2d 201 (1978), Patrick Charles Marshall
Domestic Relations—Post-Minority Child Support In Dissolution Proceedings—Childers V. Childers, 89 Wn. 2d 592, 575 P.2d 201 (1978), Patrick Charles Marshall
Washington Law Review
This note will first explore the purpose of child support and the changes in Washington law resulting in the court's construction of the Dissolution Act in Childers. Following an analysis of the Childers opinion, the remainder of this note will outline the present operation and scope of the child support provisions in the Dissolution Act and discuss the impact the provisions might have upon custody of children.
Accommodation Of Indian Treaty Rights In An International Fishery: An International Problem Begging For An International Solution, Kenneth E. Petty
Accommodation Of Indian Treaty Rights In An International Fishery: An International Problem Begging For An International Solution, Kenneth E. Petty
Washington Law Review
This comment will analyze the relative success of the various approaches taken to implement Indian treaty rights in the international fishery. It will discuss the domestic litigation resulting from these approaches and will identify the key legal issues involved. Finally, it will suggest possible means of resolving the dilemma in which the United States currently finds itself. By providing an appreciation of both the scientific complexities of managing this valuable resource and the limitations on unilateral judicial efforts in the United States, it will become apparent that the solution to this sensitive problem rests not in unilateral, but in cooperative …
Codification And The Rise Of The Restatement+A5 Movement, Nathan M. Crystal
Codification And The Rise Of The Restatement+A5 Movement, Nathan M. Crystal
Washington Law Review
This article first critically examines and disputes the theses of Professors Gilmore and Friedman. It then presents an argument that the Restatement movement was, in fact, sympathetic to the goals of codification and, far from being a reaction to the challenge of realism, originated before realism developed as a coherent position. Both the Restatement movement and the codification movement of the late nineteenth and early twentieth centuries attempted to solve the problems of uncertainty, complexity, and consequent delay which plagued the legal system after the Civil War. Both were instituted, in substantial part, by the same segments of the bar, …