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Articles 31 - 45 of 45
Full-Text Articles in Law
Money Damages For Breach Of The Federal-Indian Trust Relationship After Mitchell Ii—United States V. Mitchell, 103 S. Ct. 2961 (1983), Kimberly T. Ellwanger
Money Damages For Breach Of The Federal-Indian Trust Relationship After Mitchell Ii—United States V. Mitchell, 103 S. Ct. 2961 (1983), Kimberly T. Ellwanger
Washington Law Review
Recently, plaintiffs have relied upon the federal-Indian trust relationship more often to provide a legal basis for holding the federal government liable in money damages for breach of its trust duties. In United States v. Mitchell (Mitchell II) the Supreme Court affirmed a Court of Claims decision holding the United States accountable in money damages for breach of fiduciary duties in its management of forest resources on allotted lands of the Quinault Reservation. Although it had rejected a similar claim by the same plaintiffs based on the General Allotment Act, the Court found that timber management statutes and regulations created …
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
Washington Law Review
Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.
The Ninth Circuit's Requirement Of Notice To Targets Of Third Party Subpoenas In Sec Investigations—A Remedy Without A Right—Jerry T. O'Brien, Inc. V. Sec, 704 F.2d 1065 (9th Cir. 1983), Rev'd, No. 83-751, Slip Op. (U.S. June 18, 1984), Judith Bellamy Peck
Washington Law Review
The threat of civil, criminal, or administrative sanctions is, of course, the greatest risk faced by a subject of an SEC investigation. However, regardless of the investigatee's guilt or innocence, an investigation poses other hazards, especially damage to business reputation. SEC investigatees traditionally have had virtually no protection against the economic risks that accompany the investigative process. These risks have been seen as the unavoidable cost of pursuing a regulated activity. This Note examines generally the economic interests of SEC investigatees and reviews prior judicial treatment of these interests. The Note then analyzes the O'Brien decision, focusing on the court's …
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Washington Law Review
This article investigates the proposed designation of the North Coast rivers under WSRA. It chronicles developments in the legal controversy and relates them to the larger issues of land and water management. The shifting legal framework and changing economic and political interests in the North Coast controversy are particularly enlightening to students of federalism. Lawyers are among those who may be tempted to view the North Coast controversy in terms of federal-state conflict or intergovernmental cooperation run amuck, and to view the courts as an umpire in a dispute over authority.
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
Washington Law Review
This Comment examines and analyzes the two judicially created limitations on governmental tort liability in Washington. It concludes that the discretionary governmental acts immunity is a proper limitation on governmental tort liability, but that the public duty doctrine should be abandoned.
Awards Of Attorneys' Fees To Nonprevailing Parties Under The Clean Air Act—Ruckelshaus V. Sierra Club, 103 S. Ct. 3274 (1983), Ingrid Holmlund
Awards Of Attorneys' Fees To Nonprevailing Parties Under The Clean Air Act—Ruckelshaus V. Sierra Club, 103 S. Ct. 3274 (1983), Ingrid Holmlund
Washington Law Review
The Clean Air Act (the Act) provides that in a suit for judicial review of an agency action under the Act, "the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such [an] award is appropriate." In Ruckelshaus v. Sierra Club, the United States Supreme Court held that this language permits an award of attorneys' fees only to parties who prevail on the merits. In a footnote, the Court extended its holding to sixteen other statutes with identical provisions. This Note will evaluate the soundness of the Supreme Court's holding in Ruckelshaus. …
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman
Washington Law Review
The basic objectives of Washington real property law and of the Deed of Trust Act can be achieved only through a systematic approach to court actions contesting the nonjudicial foreclosure of deeds of trust. This Comment proposes judicial interpretations and legislative amendments designed to maintain the efficiency of the nonjudicial foreclosure process while enhancing both the fairness of the process and the stability of the land title system.
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
A Fresh Look At Premises Liability As Affected By The Warranty Of Habitability, Michael J. Davis, Phillip E. Delatorrre
Washington Law Review
This article will present the different positions that courts have taken during these recent years of experimentation in landlord premises liability, discuss how courts have become muddled in sorting out the various theories, and propose a system of liability that would be fair and soundly based on modem policy considerations. We shall first place the question in context by considering the traditional theories of liability. We will then discuss the statutory impact on landlord responsibility and consider the recent tort and warranty theories that set the stage for the period of experimentation. Our ultimate objective is to arrive at ,a …
Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester
Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester
Washington Law Review
This Comment briefly traces the history of subdivision regulation in Washington as a means of imposing conditions on developers or exacting land dedication or fee payment from developers. It discusses the Hillis Homes decision and analyzes the relationship between the new state statute and other statutory land use regulations. This Comment concludes that, although a municipality's authority to impose development fees has been limited, existing statutory authority still allows a municipality to impose conditions on subdivision development.
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin
Washington Law Review
The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.
The Functions Of Consumer Reporting Agencies Under The Fair Credit Reporting Act—Bryant V. Trw, Inc., 689 F.2d 72 (6th Cir. 1982), Barbara C. Sherland
The Functions Of Consumer Reporting Agencies Under The Fair Credit Reporting Act—Bryant V. Trw, Inc., 689 F.2d 72 (6th Cir. 1982), Barbara C. Sherland
Washington Law Review
This Note first reviews the purpose and function of a consumer reporting agency and discusses the provisions of the FCRA that pertain to consumer reporting agencies and judicial interpretations of those provisions. It then analyzes the Bryant decision in light of the policies behind the FCRA and criticizes the effect of the FCRA in sheltering reporting creditors. This Note concludes that the Bryant decision should be read narrowly to reflect the true spirit of the FCRA. Consumer reporting agencies must be permitted to function as mere conduits of information without incurring liability for inaccuracies over which they have no control. …
Limited Relief For Federal Employees Hypersensitive To Tobacco Smoke: Federal Employers Who'd Rather Fight May Have To Switch, Carolyn Cliff
Limited Relief For Federal Employees Hypersensitive To Tobacco Smoke: Federal Employers Who'd Rather Fight May Have To Switch, Carolyn Cliff
Washington Law Review
Despite legislative and judicial efforts to control tobacco smoking in public places, smoking in the workplace continues to cause problems. This Comment analyzes two recent decisions that addressed claims for relief by federal government employees who suffer severe reactions to tobacco smoke: Parodi v. Merit Systems Protection Board, and Vickers v. Veterans Administration. The claims were brought under statutory schemes designed to meet the employment needs of the physically or mentally disadvantaged. The relief granted or considered in each decision gave the hypersensitive nonsmoker only a partial victory. In addition, the Vickers and Parodi decisions offer no assistance to nonsmokers …
State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Part Ii, Richard O. Kummert
State Statutory Restrictions On Financial Distributions By Corporations To Shareholders, Part Ii, Richard O. Kummert
Washington Law Review
The main body of my analysis of state statutory restrictions on corporate financial distributions appears in the second section following this introduction. The intervening section provides a brief summary of the interests of groups in society that are affected by such restrictions. That material, derived from the first part of this article, forms the necessary underpinning for the analysis of costs and benefits resulting from any form of regulation of corporate financial distributions.
Protecting The People's Waters: The California Supreme Court Recognizes Two Remedies To Safeguard Public Trust Interests In Water—National Audubon Society V. Superior Court, 33 Cal. 3d 419, 658 P.2d 709, 189 Cal. Rptr. 346, Cert. Denied, 104 S. Ct. 413 (1983), Kevin M. Raymond
Washington Law Review
This Note outlines the public trust remedies presently in place in California by discussing the background of the public trust doctrine and the appropriative water rights system in California as well as the holdings of the Mono Lake court. This Note also proposes changes to improve both the administrative and judicial public trust remedies.
Constitutionalizing Civil Commitment: Another Attempt—In Re Harris, 98 Wn. 2d 276, 654 P.2d 109 (1982), Betty L. Drumheller
Constitutionalizing Civil Commitment: Another Attempt—In Re Harris, 98 Wn. 2d 276, 654 P.2d 109 (1982), Betty L. Drumheller
Washington Law Review
This Note first discusses recent statutory and judicial reforms of involuntary mental commitment procedures in the United States and Washington. It then analyzes the Washington Supreme Court's decision in In re Harris, focusing on the court's interpretation of the required standard for involuntary commitment and the new procedural requirements for issuance of a summons. The Note concludes that the Washington Supreme Court took a significant but incomplete step in conforming the Washington involuntary commitment procedures to the requirements of the United States Constitution.