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Articles 1 - 30 of 85
Full-Text Articles in Law
The Robinson-Patman Act And Antitrust Policy: A Time For Reappraisal, Philip Elman
The Robinson-Patman Act And Antitrust Policy: A Time For Reappraisal, Philip Elman
Washington Law Review
What has been learned from thirty years' enforcement of the Robinson-Patman Act? To answer that question Federal Trade Commissioner Elman calls for an objective and thorough study and reappraisal of the act in relation to basic antitrust goals and policy. The fundamental question is how a price discrimination law can operate to help attain the broader antitrust goals of achieving economic growth and progress while preserving and enlarging economic opportunity. Commissioner Elman points out the major problem areas which should be the subject of such a study, among them standards of competitive injury, cost justification, and the meeting competition defense. …
The Financial Provisions Of The New Washington Business Corporation Act [Part 2], Richard O. Kummert
The Financial Provisions Of The New Washington Business Corporation Act [Part 2], Richard O. Kummert
Washington Law Review
Continuing the analysis of the new Washington Business Corporation Act begun in the April 1966 issue of the Review, Professor Kummert explores and compares the asset distribution regulations under the new and old acts
Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg
Increasing The Flow Of Private Funds To The Underdeveloped Countries: A Proposal, Paul M. Goldberg
Washington Law Review
If the underdeveloped nations of the world are to achieve their goal of a substantial increase in their standards of living, they must import private capital. Foreign investors, however, have recently shown a reluctance to invest abroad because of the increasing risk of uncompensated expropriation of their property. Several current proposals seek to reduce this risk by limiting the power of states to acquire alien property. This approach appears to be ineffective because of the reluctance of the underdeveloped nations to agree to abide by foreign standards of property treatment. After outlining the nature of the problem and analyzing the …
Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker
Where Does The Beach Begin, And To What Extent Is This A Federal Question?, Charles E. Corker
Washington Law Review
In Hughes v. State, the Washington Supreme Court decided that the boundary between upland and tideland is the vegetation line as it existed in 1889. Its decision conflicts with an earlier decision of the Court of Appeals for the Ninth Circuit which followed the United States Supreme Court's decision in City of Los Angeles v. Borax Consol., Ltd. The decisions conflict both on criteria for locating the boundary and on its fixed or movable character. Underlying both questions are fundamental issues about the extent to which state or federal law provides the answers. After extensive analysis of these answers, Professor …
The Effect Of Presumption Of Common Carrier Negligence Upon The Burden Of Proof, Anon
The Effect Of Presumption Of Common Carrier Negligence Upon The Burden Of Proof, Anon
Washington Law Review
Plaintiff, a common carrier truck line, sought to recover charges from the United States for transportation of a delicate and expensive camera. The government counterclaimed for damages exceeding plaintiff's charges. The counterclaim was advanced by proof of the camera's delivery to plaintiff in good condition and its arrival in damaged condition. Plaintiff replied by showing that the damage was the consequence of defective packaging by a United States employee. Being unable to prove that, notwithstanding defective packaging, the damage proximately resulted from the carrier's negligence in handling the camera, the United States was denied its counterclaim and adjudged liable for …
Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon
Validity Of State Proposition Effectively Repealing Anti-Discrimination Laws, Anon
Washington Law Review
The California Legislature did not attempt to prevent property owners from selecting buyers or tenants on the basis of racial considerations until 1959. Then, by enacting the Hawkins Act and the Unruh Civil Rights Act, the legislature chose to regulate racial discrimination in all business establishments including those involving the selling or renting of residential property and in all publicly assisted housing. Three years later, by enacting the Rumford Fair Housing Act, the legislature extended the regulation of discriminatory conduct to owners of most, but not all, residential property. Plaintiffs alleged that, contrary to the express provisions of the Unruh …
Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield
Water And The National Welfare—Programs In Search Of A Policy, James A. Crutchfield
Washington Law Review
It is no secret to residents of the western states that water is a matter of primary public concern. Land and water policies are deeply imbedded in the region, and the imprint of federal water projects on the economic geography of the West is plain to see. It is increasingly clear, however, that no coherent national policy, past or present, has emerged from the massive federal effort in the field. There is no lack of interest, planning, and expenditure on the supply and quality of water, and much progress has been made in definition and measurement of the factors that …
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
How To Avoid Probate!, By Norman F. Dacey (1965), Robert W. Hallgring
Washington Law Review
This flamboyant bit of hokum is aimed to gratify those who, with Carl Sandburg, can hear "the hearse-horse snicker hauling a lawyer away." The author, billed as "America's best-known professional estate planner," presents himself as the friend in need and indeed of all who would insure to their posterity the goods of the earth. With righteous wrath, and in accents reminiscent of Billy Sunday (perhaps with a trace of P. T. Barnum), Dacey promises the means of delivery from the curse of "probate"—which he depicts as a sort of war of all against all, in which testator and beneficiary alike …
Judicial Control Of Administrative Action, By Louis L. Jaffe (1965), Cornelius J. Peck
Judicial Control Of Administrative Action, By Louis L. Jaffe (1965), Cornelius J. Peck
Washington Law Review
A book with the depth and scope of Professor Jaffe's recently published work on judicial control of administrative action is not an easy one to review. While one is tempted to write a parallel work of commentary and criticism, such a task is beyond the scope of a review; anything less, however, seems light and superficial when put beside the work commented upon. Nevertheless, the following is offered for interested readers. Professor Jaffe's book was not written in the tradition of legal treatises which present a detailed, systematic, and tightly organized treatment of a subject. On the contrary, though he …
"Public Purpose" In Municipal Financing Plans, Anon
"Public Purpose" In Municipal Financing Plans, Anon
Washington Law Review
The City Commission of Deerfield Beach authorized issuance of municipal bonds pledged by certain excise taxes to purchase land on which a major league baseball training facility was to be built and maintained by the city. The facility was to be leased to and operated by a private corporation. Rental, payable to the city, was to be the annual debt service on the bonds plus fifty per cent of net profits in excess of prior years' losses. Validation of the proposed issuance was decreed by the circuit court. On a taxpayer's appeal, the Florida Supreme Court, in a four to …
Deceptive Advertising And Inconsistent Guarantees, Anon
Deceptive Advertising And Inconsistent Guarantees, Anon
Washington Law Review
Respondent, a national retailer of general merchandise, inserted in guarantee certificates accompanying some of its products conditions and limitations not disclosed in guarantees contained in newspaper advertisements. The Federal Trade Commission charged respondent with a violation of section 5 of the Federal Trade Commission Act for making false and misleading representations. Respondent asserted that whenever a customer made a claim guarantees were honored as advertised without regard to conditions and limitations contained in the certificates. On appeal to the Commission, the hearing examiner's initial decision dismissing the complaint was reversed, and a final order to cease and desist was issued. …
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Land Reform In Latin America: How To Have A Revolution Without A Revolution, Roy L. Prosterman
Washington Law Review
It is almost universally recognized that land reform in Latin America is of vital interest to all of the countries of the hemisphere, and that it is long overdue. The degree of concentration of landholdings in the great estates (the latifundios) is astonishing: in Brazil, it appears that 1.5 per cent of all landholdings account for over 48 per cent of the farm area; in Chile, 1.4 per cent of holdings account for over 68 per cent of the farm area; in Ecuador, 0.17 per cent of holdings account for 37 per cent of the farm land; in Venezuela, 1.69 …
Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon
Ucc Section 2-318: Effect On Washington Requirements Of Privity In Products Liability Suits, Anon
Washington Law Review
In recent years, there has been considerable development in the law governing liability of a seller to persons other than his immediate buyer for personal injuries caused by defective products. The rule of caveat emptor has been progressively eroded. The majority of writers and an increasing number of courts have adopted the position that a seller cannot avoid liability on the ground that he is not in privity of contract with the injured party. The Washington court appears to be following this trend. The process of judicial development, however, may be jeopardized by the recent enactment in Washington of section …
Jury Selection—Key-Man System Eliminated, Anon
Jury Selection—Key-Man System Eliminated, Anon
Washington Law Review
Defendant was indicted by a federal grand jury for perjury. The jury commissioner solicited names of prospective jurors from various "key-men," community leaders who had been instructed in the qualifications which the jury commissioner felt prospective jurors should have. On appeal the Court of Appeals for the Fifth Circuit dismissed the indictment. Held: Key-man jury selection violates the standards for jury selection prescribed by the Civil Rights Act of 1957. Rabinowitz v. United States, 366 F.2d 34 (5th Cir. 1966).
Visitor Responding To Public Invitation Classified As Invitee, Anon
Visitor Responding To Public Invitation Classified As Invitee, Anon
Washington Law Review
Defendant savings and loan association invited local community groups to use, without charge, a room and adjoining kitchen facilities on its premises for meetings. Plaintiff was injured on defendant's premises while walking to a meeting of her organization scheduled for this room. Plaintiff sued for damages; defendant's motion to dismiss was granted. On appeal, the Washington Supreme Court reversed the order of dismissal and remanded. Held: When the public is invited to use premises under circumstances implying an assurance of reasonable care, any visitor responding to that invitation is an "invitee" owed an affirmative duty of reasonable care by the …
An Introduction To Capital Gain And Losses, Roland L. Hjorth
An Introduction To Capital Gain And Losses, Roland L. Hjorth
Washington Law Review
In this article, originally prepared for his class in federal income tax, Professor Hjorth explores the theoretical bases and working principles underlying the taxation of capital gains and losses. Beginning with a review of basic federal income tax concepts and the provisions governing computation and recognition of all gains and losses, he proceeds through a comprehensive discussion of the basic Code provisions governing capital gains and losses. Additional discussion focuses on the specialized treatment afforded quasi-capital assets, copyrights and patents, inventory, discount bonds, short sales, small business stock, and foreign corporations.
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
The Uniform Trustee's Powers Act And The Basic Principles Of Fiduciary Responsibility, Robert W. Hallgring
Washington Law Review
Professor Hallgring presents a detailed analysis of the proposed Uniform Trustees' Powers Act's impact on the fiduciary duties of loyalty, care, and non-delegation of discretionary powers. He emphasizes serious downgrading of fiduciary responsibility implicit in several provisions of the proposed act, particularly in the modern context of the large corporate fiduciary. Professor Hallgring concludes that, although many provisions of the act have merit, it does not sufficiently protect the beneficiary as presently drafted. He suggests, however, that amendments strengthening the standards of fiduciary responsibility could be incorporated into the act without destroying the benefits sought by its framers.
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
Washington Law Review
In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Ucc Section 9-301 (1) And Accounts, Contract Rights, And Chattel Paper: The Non-Existent Priorities, Anon
Washington Law Review
It has been said that "fortunately ... experience indicates that the practical importance of . . . [Uniform Commercial Code priority] problems is probably less than their intellectual challenge."' This may be fair warning to eager students, lawyers, and legal scholars. Such warnings, however, are seldom heeded, and pursuits of intellectual challenge are often productive. Constructive analysis of section 9-301(1) (c) and (1) (d) of the Uniform Commercial Code, insofar as they relate to "chattel paper," "accounts," and "contract rights," may prove to be most beneficial.
Exemptions For Dependents: The Burden Of Proof Dilemma For Divorced Or Separated Parents, Anon
Exemptions For Dependents: The Burden Of Proof Dilemma For Divorced Or Separated Parents, Anon
Washington Law Review
Plaintiff, divorced and living apart from his former wife who had custody of their two sons, claimed dependency exemptions for both sons in his federal income tax returns for the two years in question. The Commissioner of Internal Revenue disallowed the exemption for one son in each of the two years. In affirming the Commissioner's determination, the Tax Court held that plaintiff failed to sustain the burden of proving that his contribution was more than half the total support of the children. Though able to establish the amount of his contribution, plaintiff could not prove the amount of support from …
Security Interests In Personal Property, By Grant Gilmore (1965), Warren L. Shattuck
Security Interests In Personal Property, By Grant Gilmore (1965), Warren L. Shattuck
Washington Law Review
No abstract provided.
Purchase Of Note Constitutes Usurious Loan, Anon
Purchase Of Note Constitutes Usurious Loan, Anon
Washington Law Review
Defendant applied for a loan to an investment broker to whom he gave a mortgage and a promissory note payable to, and subsequently endorsed in blank by, a third party. The broker, whose name appeared on neither instrument, then sold the 6,000 dollar note at a six per cent discount to plaintiff after deducting a commission of 890 dollars. Defendant received only 4,750 dollars for his note. Plaintiff did not know that his money constituted the original consideration for the note, which bore ten per cent annual interest. After defendant's default, plaintiff brought this action to foreclose the mortgage. The …
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Save The Columbia River For Posterity Or What Has Posterity Done For Your Lately?, Charles E. Corker
Washington Law Review
Drawing on experience gained in ten years of fighting California's water battle against Arizona, Professor Corker evaluates the arguments currently voiced against diversion of water from the Columbia River Basin to the Colorado River Basin. Based on his prediction that water will at some point in the future be diverted from the Columbia, he concludes that the Northwest would be well-advised to participate in formulating national water plans now, before it is too late.
The Three-Judge District Court In Contemporary Federal Jurisdiction, Anon
The Three-Judge District Court In Contemporary Federal Jurisdiction, Anon
Washington Law Review
Congress has provided that in certain cases which are otherwise properly before a federal district court, a special district court composed of three judges, one of whom must be a circuit judge, is required. Theoretically, this requirement is procedural assurance that important litigation will receive commensurate consideration in the federal district courts. One type of litigation which Congress has deemed to merit this special treatment is a suit to enjoin enforcement of a state statute or administrative order on grounds of unconstitutionality. While the three-judge statute is relatively simple in theory, it has proven quite complex in practice and has …
Obscenity: Some Problems Of Values And The Use Of Experts, John P. Frank
Obscenity: Some Problems Of Values And The Use Of Experts, John P. Frank
Washington Law Review
John P. Frank advances the view that for trial convenience, the complainant should be required to make his prima facie case of obscenity, with the literary merit of the work as an independent affirmative defense. He applauds the recent development by the Supreme Court of the "pandering test" as an element of obscenity, but supports the view of Justices Clark and White that the question of "redeeming social value" should merge in the analysis of the dominant theme of the material—or, he suggests instead, should be an affirmative defense. He considers the functions of experts in obscenity cases, reporting the …
Disputed Uses Of Debt By Subchapter S Corporations, Anon
Disputed Uses Of Debt By Subchapter S Corporations, Anon
Washington Law Review
There has been considerable controversy over interpretation of the requirement that there be only one class of stock in a subchapter S corporation. It is a simple matter to draft instruments which conform literally with the statutory requirement. However, in certain situations, typically involving ostensible debt instruments, the Commissioner has challenged the formal designation, arguing that the facts indicate that for tax purposes there are at least two classes of stock. This Note will examine, primarily in relation to the one class requirement, the question whether for tax purposes a given instrument is to be treated as debt or stock. …
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
In Cold Blood—A True Account Of Multiple Murder And Its Consequences, By Truman Capote (1966), Norval Morris
Washington Law Review
No abstract provided.
Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson
Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson
Washington Law Review
The subject of this article is a substantial one, bursting with theoretical and practical problems, but it is of course much narrower than the survey of the Communities in the spring of 1966 which Mr. Thompson presented to the conference. That survey was made in the light of the six months crisis created by the absence of the French from the work of the institutions of the Economic Community. The resistance of the French to certain central aspects of the development of the Community institutions, particularly to what they described as the developing "style" of the Commission, was set out …
Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon
Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon
Washington Law Review
Defendant was tried and convicted in a town municipal court on a charge of driving while under the influence of intoxicating liquor, in violation of a local ordinance. In the course of a trial de novo on appeal to superior court, the trial judge noted that there was no complaint in the case file. The town's counsel argued successfully that the arrest slip which had been entered into evidence served as the complaint under the new Traffic Rules for Courts of Limited Jurisdiction. Again convicted, defendant appealed, contending his conviction was defective for want of compliance with certain provisions of …
The Common Market: A New Legal Order, Dennis Thompson
The Common Market: A New Legal Order, Dennis Thompson
Washington Law Review
This term, the "new legal order," was first used by the Court of Justice in the First Tariff Commission case; I use the expression in its widest possible sense. This new legal order which springs from the Treaty of Rome, and which brings the citizens of the Community within the protection of the Treaty, also applies to the relations between the member states. The constitutional position of the member countries has been radically altered by the terms of the Treaty, and their relationship is no longer one which exists between fully sovereign countries. They have all—and equally—subscribed to build the …