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Articles 1 - 30 of 45
Full-Text Articles in Law
Nuisance As A Modern Mode Of Land Use Control, William H. Wilson
Nuisance As A Modern Mode Of Land Use Control, William H. Wilson
Washington Law Review
Recognizing the inflexibility inherent in present zoning mechanisms, this comment analyzes the concept of nuisance as an additional, more versatile means of land use control. In an exhaustive categorization and evaluation of Washington cases and those from other jurisdictions, the author sets forth the principles of nuisance law and the factors affecting court decisions on nuisance. Both private and public actionable nuisances are discussed, along with available remedies, within a concise analytical framework.
The Unfinished Business Of The Warren Court, Charles L. Black, Jr.
The Unfinished Business Of The Warren Court, Charles L. Black, Jr.
Washington Law Review
The question we should ask of the Warren Court is not whether it succeeded, but whether we want to make it succeed. With the issue thus defined, Professor Black examines the work of the Warren Court, the foundation it has laid in substance and methodology, and the direction future advocacy must take to secure and enlarge upon those foundations. Professor Black compares the Warren Court favorably to the Marshall Court, noting that where the Marshall Court's unique contribution was defining nationhood, the Warren Court's unique contribution was defining citizenship. He urges strong and continuing advocacy to fulfill the Warren Court's …
Criminal Procedure—Re-Arrest Of Parolees: Washington Legislative Standards And Constitutional Considerations—Ch. 98, Wash. Laws Of 1968, Anon
Washington Law Review
During its 1969 Regular Session the Washington Legislature enacted legislation governing parole revocation hearings and re-enacted existing provisions concerning the arrest and initial detention of suspected parole violators. The re-enacted portion of the statute provides that any parole or probation officer may arrest a parolee without a warrant when he has "reason to believe" that a convicted person has violated any state statute or a condition of his parole. The prisoner is not to be released until the board acts to reinstate his parole status
Transfer Of Decedent's Basis At Death: The Allocated Carryover Approach, Rodney J. Waldbaum
Transfer Of Decedent's Basis At Death: The Allocated Carryover Approach, Rodney J. Waldbaum
Washington Law Review
Congressional dissatisfaction with the effects of IRC 1014(a) which, although death is not treated as a taxable event for income tax purposes, grants a stepped-up basis in inherited property resulting in gains tax forgiveness on appreciated property held at death, has prompted suggested legislation aimed at the at-death taxation as capital gains of all appreciation on property held at death. This comment urges, instead, that the decedent's tax basis in non-cash assets should be carried over to his successors and allocated on the basis of the market value of the transferred assets. The required legislation and mechanics for implementation of …
Condominiums In Washington, Jerry W. Spoonamoore
Condominiums In Washington, Jerry W. Spoonamoore
Washington Law Review
The development of the condominium concept is a direct response to the problems of urbanization, increased costs of land ownership and the necessity of utilizing the diminishing resource of land in an efficient fashion. This comment surveys problems of management, taxation, financing, liability and insurance, and the relationship of these problem areas to Washington's 1963 Horizontal Property Regimes Act. The author concludes that, though the ramifications of the Act have not as yet been tested in the courts, and though the task of drafting condomium documents is made difficult by significant areas of uncertainty in the law, hazards can be …
Opinions—Criminal Procedure—Misdemeanant's Right To Counsel: Legislative Inaction Resolves Constitutional Doubts?—Hendrix V. Seattle, 76 Wn. 2d 142, 456 P.2d 696 (1969), Anon
Washington Law Review
Since Gideon v. Wainwright was decided, a major question has been: to what crimes does the indligent's constitutional right to trial counsel at public expense extend? The Washington and Oregon Supreme Courts recently considered the question and reached conflicting results.
Natural Resources, A. R. Lucas
Natural Resources, A. R. Lucas
Washington Law Review
A book review essay considering Natural Resources and Public Property Under the Canadian Constitution, by G.V. La Forest (1969).
Medical Profession—Anti-Kickback Statute: Licensed Medical Practitioners May Not Receive Financial Benefits From Referral Of Patients Or Sale Of Medical Supplies To Patients.—Day V. Inland Empire Optical, Inc., 76 Wash. Dec. 2d 566, 456 P.2d 1011 (1969); Rcw Ch. 19.68 (1969), Anon
Washington Law Review
The five defendant ophthalmologists and defendant Inland Empire Optical, Inc., whose stock was wholly owned by these doctors, occupied the same building. Inside the waiting rooms of the doctors' offices were three strategically placed signs which informed patients of the presence of the optical shop on the floor below. Plaintiff doctors and a corporate optical firm brought suit to enjoin this cooperative practice, alleging a violation of Washington's anti-kickback statute. Upon defendants' appeal from a superior court decree granting the injunction, the Washington Supreme Court affirmed as modified. Held: Ophthalmologists are entitled to own stock in a dispensing optical company, …
Administrative Law—Common Carriers—Route Certification: Regulated Competition Favored Under Public Convenience And Necessity Standard—Black Ball Freight Service, Inc. V. Washington Utilities And Transportation Commission, 74 Wn. 2d 871, 447 P.2d 597 (1968), Anon
Washington Law Review
Plaintiff was a large, diversified land and water carrier operating throughout the Puget Sound area. Since 1962, when it absorbed the only other motor carrier providing such service, plaintiff had had the sole certification for "regular route, scheduled service" between south Kitsap County and the city of Seattle. When the Washington Utilities and Transportation Commission [hereinafter cited as W.U.T.C.] granted additional "regular route, scheduled service" authority for the same area to one of the plaintiff's motor freight competitors, plaintiff filed suit to have the board's decision declared invalid. Plaintiff argued that the W.U.T.C.'s finding that "adequate" service was being given …
Judicial Sanctions And Legislative Redistricting In Washington State, W. Basil Mcdermott
Judicial Sanctions And Legislative Redistricting In Washington State, W. Basil Mcdermott
Washington Law Review
This case study of the impact of Baker v. Carr on the State of Washington attempts to discern the nature of the role of the judiciary in the implementation of new reapportionment rules. Redistricting is usually thought of as a highly political area, outside the normal involvement of courts. Now that federal judges are under a mandate to consider the problems in this area, it is important to understand the capacity of the judicial system to discharge its role. By exercising their power with restraint, the federal judges in Washington sought to influence the political system to do its duty …
A Common Sense Approach To Crime Control, Arval A. Morris
A Common Sense Approach To Crime Control, Arval A. Morris
Washington Law Review
A book review essay considering The Honest Politician's Guide to Crime Control, by Norval Morris and Gordon Hawkins (1969).
Racial Discrimination In Usda Programs In The South: A Problem In Assuring The Integrity Of The Welfare State, M. John Bundy, Allen D. Evans
Racial Discrimination In Usda Programs In The South: A Problem In Assuring The Integrity Of The Welfare State, M. John Bundy, Allen D. Evans
Washington Law Review
Allowing the rural poor to stay on the land and to better their lives would be one significant contribution to alleviating the problems of the urban ghetto. Yet, at least as regards the southern black farmer and his family, the federal government has not only allowed its welfare farm programs to fail in wholesale fashion, but has acquiesced in and even affirmatively contributed to that failure. This comment offers some empirical data on rural southern life and describes three representative U.S. Department of Agriculture programs and their failures at the local level with regard to the black farmer and his …
The Applicability Of The "New" Fourth Amendment To Investigations By Secret Agents: A Proposed Delineation Of The Emerging Fourth Amendment Right To Privacy, Robert L. Bergstrom
The Applicability Of The "New" Fourth Amendment To Investigations By Secret Agents: A Proposed Delineation Of The Emerging Fourth Amendment Right To Privacy, Robert L. Bergstrom
Washington Law Review
Recent Supreme Court search and seizure cases are the harbingers of a new conceptual way of analyzing fourth amendment questions. The author describes the separate fourth amendment issues of applicability and reasonableness and critically analyzes the Court's development of new privacy rules of applicability. The Court fails to recognize that privacy has both quantitative and qualitative aspects; the limited quantum of privacy analysis may account for this failure. This comment proposes a new fourth amendment privacy model and illustrates its application in various secret agent situations.
Corporations—Community Property: Non-Tax Aspects Of The Washington Professional Service Corporation Act.—Ch. 122, Laws Of 1969, Now Codified As Rcw Ch. 18.100 (1969), Anon
Washington Law Review
The purpose of Washington's Professional Service Corporation Act is to provide for the incorporation of an individual or group of individuals to render professional services. Since organizations of professional people under state professional corporation acts will be considered corporations for federal income tax purposes, this development offers potential tax advantages to professional persons who choose to incorporate their practices. However, the Washington statute also raises certain non-tax issues that must be resolved by professional persons seeking to incorporate. Since the tax issues have received extensive and eminent treatment elsewhere, this Note will focus on the less-discussed non-tax issues, and the …
Why A State Bill Of Rights?, Vern Countryman
Why A State Bill Of Rights?, Vern Countryman
Washington Law Review
Historical perspective reveals that the recent activism of the federal courts in the area of political and civil rights was largely necessitated by the unwillingness of state courts to recast those rights in molds adapted to our changing society. Federal supplementation of the states' inaction in this field has now regrettably caused many state courts to assume a posture of even more begrudging conservatism in the interpretation and implementation of our political and civil tights. In this background, Professor Countryman advocates state legislative initiative to formulate new and broad general principles for protecting our fundamental rights, He identifies three major …
Consumer Protection—Lotteries: "Bonus Bingo"—The Great Safeway Lottery.—State Ex Re. Schillberg V. Safeway Stores, Inc., 75 Wash. Dec. 2d 351, 450 P.2d 949 (1969), Anon
Washington Law Review
Safeway Stores, Inc. conducted a promotional advertising game, bonus bingo, to attract customers to their grocery stores in Snohomish County. To win at bonus bingo, participants had to obtain a booklet of game cards from any Safeway outlet, visit Safeway Stores to pick up prize slip numbers for particular game cards, and present the winning card to a Safeway Store manager to collect the prize. The local Prosecuting Attorney, convinced that Safeway's promotion was an illegal lottery, sued for declaratory judgment on the legality of bonus bingo, and for an injunction to halt such advertising practices. Two lottery elements, a …
Immigration Law—Deportation: What Fraud Hath Wrought Together Let No Man Put Asunder—Muslemi V. Immigration And Naturalization Service, 408 F.2d 1196 (9th Cir. 1969), Anon
Washington Law Review
Petitioner, an alien, entered the United States on a temporary visitor visa after being denied an immigrant visa because the quota for his country was oversubscribed. Five days after he was notified that deportation proceedings were being initiated against him due to expiration of his visa, petitioner married a United States citizen. His petition for permanent residence on the basis of that marriage was granted by a special inquiry officer, but the decision was reversed by the Board of Immigration Appeals [hereinafter referred to as the Board] . Petitioner moved for reconsideration urging that his deportation be suspended pursuant to …
Mortgages—Notice—Vendor And Purchaser—Vendor Note Charged With Constructive Notice Of Subsequent Mortgage Of Contract Purchaser's Equity—Mortgagee Required To Notify Vendor To Protect Security Interest.—Kendrick V. Davis, 75 Wash. Dec. 2d 470, 452 P.2d 222 (1969), Anon
Washington Law Review
Seller and purchaser executed and recorded an installment contract for the sale of land which provided for forfeiture in the event of the purchaser's default. For security purposes, the purchaser transferred his interest in the contract and land to a mortgagee by means of a recorded assignment of contract and deed. When the purchaser defaulted on the contract, the seller sent notice of intent to forfeit to the purchaser but not to the mortgagee, recorded a declaration of forfeiture, and brought an action to quiet title in himself. The mortgagee appeared as a defendant in the seller's action, claiming that …
The Role Of A Bill Of Rights In A Modern State Constitution: Introduction, John M. Steel
The Role Of A Bill Of Rights In A Modern State Constitution: Introduction, John M. Steel
Washington Law Review
No abstract provided.
Regional Planning And Local Autonomy In Washington Zoning Law, G. Brucec Clement, Egil Krogh, Jr.
Regional Planning And Local Autonomy In Washington Zoning Law, G. Brucec Clement, Egil Krogh, Jr.
Washington Law Review
The rapid urbanization of large areas of Washington call for effective land use planning and zoning. At present, regional and state land use plans are implemented, if at all, only by the grace of local zoning officials. This comment discusses the means available for adjusting the relationships between local zoning officials and extra-municipal planners so as to preserve local autonomy without destroying the effectiveness of state and regional plans. The authors conclude that the adoption of portions of the Model Land Development Code would accomplish this result.
Convening A Constitutional Convention In Washington Through The Use Of The Popular Initative, John W. Hempelmann
Convening A Constitutional Convention In Washington Through The Use Of The Popular Initative, John W. Hempelmann
Washington Law Review
Using Washington as a model for discussion this comment explores the doctrines which have limited the application of the flexible principles of popular sovereignty to the problems presented in the calling of a Constitutional Convention. The author concludes: that the people of the state of Washington can call such a convention by the use of the popular initiative; that earlier notions that changes in state governmental structure could only be accomplished by strict conformity to the procedures in the existing constitution have been supplanted by the resurgence of the doctrines of popular sovereignty; and that the broad theoretical underpinnings for …
New Horizons For A State Bill Of Rights, Arval A. Morris
New Horizons For A State Bill Of Rights, Arval A. Morris
Washington Law Review
Professor Morris, examines the current scope of the Washington State Constitution, originally designed for a frontier people in a railroad economy, and deficient in a number of elements critical to the Washington society of today and 100 years hence. With particular emphasis on what new rights must be set forth in textual guarantees, the author examines the problems and implications of a menagerie of changed circumstances and contemporary social ills, including racial integration, invasions of privacy by public and private modes of surveillance, the deterioration of the life and structures of our cities, the threat of administrative abuses in the …
Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan
Standing, The "New Property," And The Costs Of Welfare: Dilemmas In American And West German Provider-Administration, Robert Dugan
Washington Law Review
The overwhelming increase in governmental welfare, subsidy, and licensing programs in the United States' recent history has prompted substantial acadenic controversy and judicial uncertainty over the requisites for standing to challenge the decisions of our provider-administration. Looking beyond our traditional theories, Mr. Dugan examines recent decisions of the West German Federal Administrative Court with respect to mandatory and discretionary governmental benefits which are deemed to create rights in their intended beneficiaries. He argues that the most sound analytical approach to the problem as we now view it would be to apply a "violated right" standard, since injury depends upon violation …
The Lake Chelan Case—Another View, Edward A. Rauscher
The Lake Chelan Case—Another View, Edward A. Rauscher
Washington Law Review
The court's decision in this case has been widely discussed. The author reviews the status of authority contrary to the position advanced by Professor Corker in his recent article, and concludes that the opinion does not apply to tidelands or shorelands, that the Supreme Court has neither declared nor implied a general prohibition against development of private lands underlying navigable waters in Washington, and that to do so in the future the Court would find it necessary to overturn some well-established (legislative, administrative and judicial) principles as to the character of private ownership of such lands in this state.
Criminal Procedure—Search And Seizure—Electronic Eavesdropping—Abortion: Recording Of Voluntary Conversation Between Police Agent And Defendant Admissible In Evidence.—State V. Wright, 74 Wn. 2d 355, 444 P.2d 867 (1968), Anon
Washington Law Review
Informed that defendant had committed an abortion in his home, the police hired a female agent who made arrangements with the defendant by telephonic conversations, which were monitored and recorded. The agent, equipped with a hidden transmitter, kept her appointment and transmitted defendant's explanation of the abortion to the police, who again monitored and recorded the conversation. That evening she returned to defendant's home and paid the fee, and, as defendant prepared her for the operation, sent the conversation to monitoring police, who recorded it. All monitoring was done without prior court order. Just before the operation was to occur, …
Justice And Order: A Preliminary Examination Of The Limits Of Law, Donald H.J. Hermann, Iii
Justice And Order: A Preliminary Examination Of The Limits Of Law, Donald H.J. Hermann, Iii
Washington Law Review
A demand for "law and order" is the latest manifestation of recurrent public concern about crime. Today this solution is sought as a cure for organized and violent crime, as the remedy to social dissolution and as the response to social dissent. But just as in the last decade, when "laws" were demanded to cope with problems of discrimination, poverty and social injustice, the proposed solution of "law and order" misconceives the nature of "law" and fails to note its limits. The following discussion will examine the limits of the law: justice will be viewed as the objective of the …
Voluntary Euthanasia, Arval A. Morris
Voluntary Euthanasia, Arval A. Morris
Washington Law Review
To avoid the possibility of confusion, it is necessary to distinguish voluntary euthanasia from other similar, but not necessarily related situations. By voluntary euthanasia I refer to one specific situation, and to no other. Any definition of the principle of voluntary euthanasia must lay emphasis on the word "voluntary" as it specifically applies to the right of an adult person who is in command of his faculties to have his life ended by a physician, pursuant to his own intelligent request, under specific conditions prescribed by law, and by painless means. Thus, voluntary euthanasia involves at least two willing persons—a …
Constitutional Law—Voting Rights—State English Literacy Requirements Upheld.—Mexican-American Federation-Washington State V. Naff, 299 F.Supp. 587 (E.D. Wash. 1969), Anon
Washington Law Review
The four individual plaintiffs, who were participating in a voter registration project initiated by the plaintiff Federation, appeared on separate occasions in the offices of the deputy voting registrars for the towns of Zillah and Toppenish, Washington, intending to register to vote. Each time, the applicants were accompanied by an interpreter associated with the Federation, who informed the registration officers that the applicants wished to register to vote and that he would act as Spanish-English interpreter. But the registration officers insisted that the applicants present their requests in person and in English, and refused to register them when it became …
The Limitless Limits Of The Foreign Tax Credit, Robert D. Kaplan
The Limitless Limits Of The Foreign Tax Credit, Robert D. Kaplan
Washington Law Review
The purpose of this comment is to describe some of the problems that exist in the present system of foreign tax credits, and to set forth some suggested improvements that can be made. The discussion proceeds in four steps: (1) a description of the growth of the present statutory framework, including a discussion of the political and economic factors which purported to influence its development; (2) an examination of the operation of the credit system and its limitations; (3) an examination of the limitations in greater detail with illustrations of how they are rendered largely impotent by their own internal …
Taxation—Income: Tax Computation Where Taxpayer Refunds Revenues Previously Reported Under Claim Of Right Doctrine.—United States V. Skelly Oil Company, 394 U.S. 678 (1969), Anon
Washington Law Review
In the years 1952 through 1957 the Skelly Oil Company received $505,536.54 from two customers due to a raise in the minimum price for natural gas by the Oklahoma Corporation Commission. In 1958 the Company was required to refund this money due to a vacation of the increased rates by an order of the United States Supreme Court. The Company had included the amounts received in gross income for income tax purposes during the years of receipt in conformance with the claim of right doctrine, whereby amounts received by a taxpayer who claims an unrestricted right to them must be …