Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Comparative and Foreign Law (8)
- Property Law and Real Estate (4)
- Family Law (3)
- Criminal Procedure (2)
- State and Local Government Law (2)
-
- Accounting Law (1)
- Administrative Law (1)
- Bankruptcy Law (1)
- Business Organizations Law (1)
- Constitutional Law (1)
- Courts (1)
- Estates and Trusts (1)
- Intellectual Property Law (1)
- Judges (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Legal Profession (1)
- Legislation (1)
- Taxation-Federal (1)
- Torts (1)
- Water Law (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard
Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard
Washington Law Review
Last year your Subcommittee on Practice and Procedure of Justices of the Peace and Inferior Courts, following the failure of the state Legislature to provide funds for a study, accepted the responsibility of making a report this year. Contact was immediately established with the local bar associations in the state and the prosecuting attorneys of the state. Most of the counties have from one to seven justices of the peace. Lincoln, Whitman, Okanogan, Lewis, Grant, Snohonish, and Yakima have eight to seventeen. Pierce County has twenty-one and King County fifty-three. Eighteen counties reported that there were no justices of the …
Report Of Committee On Divorce Laws, Roberta Kaiser
Report Of Committee On Divorce Laws, Roberta Kaiser
Washington Law Review
In accordance with the recommendations of the Committee on Divorce Law, as submitted to the 1947 State Bar Convention at Bellingham, work is now going forward on the drafting of specific statutory provisions making certain changes in the law It is contemplated that a bill will be ready for the coming Legislature incorporating the changes recommended by the Committee. It is also possible that certain additional changes may be made after the Committee has had an opportunity to study and confer on the proposed Uniform Divorce Law approved by the American Bar Association Committee.
Report Of Committee On The Retirement Of Judges, Alfred J. Schweppe
Report Of Committee On The Retirement Of Judges, Alfred J. Schweppe
Washington Law Review
In December of 1946 the Committee on the Selection of Judges circulated the bar with a postcard ballot, covering mandatory retirement of judges at the age of seventy-five. The ballot resulted as follows: Total vote cast .......................... 942 In favor ......................................753 Opposed ...................................144 No opinion .................................. 45 The Committee on the Selection of Judges, which circulated that ballot, suggested a proposed constitutional provision carry compulsory retirement into effect in connection with an appropriate retirement plan to be established by the Legislature. That Committee accepted the view previously expressed by the State Judicial Council (to which the subject had earlier been …
Report Of Statutory Code Committee, Mark H. Wight
Report Of Statutory Code Committee, Mark H. Wight
Washington Law Review
The 1947 Legislature continued the work of the code revision and recompilation committee with specific instructions as to the scope of revision. It also directed the interim release of the various titles so that the code committee could get assistance by way of comments and criticisms.
Some Judicial Problems Facing China, Yu Kwei
Some Judicial Problems Facing China, Yu Kwei
Washington Law Review
The Chinese law and its courts were essentially modeled after or adopted from those prevalent in Continental Europe, that is, the so-called Continental system. The course was taken not because such a system was particularly good in itself nor because it was particularly suitable to China, it was rather a matter of chance than a matter of choice. At the time when the foundation of the present Chinese legal system was laid, most of the law devisers were educated in Japan or directly or indirectly influenced by Japan. As Japan followed the Continental system, especially the German Law, so the …
Report Of Committee On Unauthorized Practice Of Law, Jack Freeman
Report Of Committee On Unauthorized Practice Of Law, Jack Freeman
Washington Law Review
At the first meeting of the Committee appointed by the Board of Governors as the Unauthorized Practice Committee for the year 1948, the members took up the matter of prime importance, that being the prospective action against the realtors of the state for unauthorized practice of the law It had before it the recommendation of the Board of Governors that a test case be brought in King County against the Washington Association of Realtors and certain individual realtors, but the Committee felt that perhaps prompter action could be obtained in some other county in the state, because of the crowded …
Progress Of The Law In China, Roscoe Pound
Progress Of The Law In China, Roscoe Pound
Washington Law Review
When I am asked to write on the law in China, I take it I am to use the term "law" in a wide sense, not only to include the codes and statutes but the organization of courts, application and interpretation of the codes and statutes, legal education, and the whole administration of justice as affected by or resulting from these things. I am able to speak with no little assurance on this subject, because since 1935 1 have made a full and careful study of the Chinese codes and legislation on legal subjects and since February, 1946, as adviser …
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
Washington Law Review
Waterfront property, though extremely popular in Washington, presents problems of ownership with which few residents are familiar. The effect of transitory water boundaries upon the divisible proprietary interests is especially complex since the present status of such boundaries is uncertain under our court's interpretation of the applicable statutes.
Community Property And Tort Liability In Washington, Howard P. Pruzan
Community Property And Tort Liability In Washington, Howard P. Pruzan
Washington Law Review
Of no small proportions was the task faced by the judges of this state when the legislature saw fit to superunpose upon our background of common law a system of community property, a development of the civil law And nowhere are the difficulties of reconciling these two conflicting systems felt more acutely than in the field of tort liability. In addition to inherent difficulties there is the urge which constantly influences judges to circumvent existing law when it requires turning away a just claimant empty-handed (or, what amounts to the same thing, turning hun away with a judgment winch cannot …
Suggested Changes In State Of Washington Laws Regulating Municipal Accounting, Arthur N. Lorig
Suggested Changes In State Of Washington Laws Regulating Municipal Accounting, Arthur N. Lorig
Washington Law Review
In connection with a recent interest in improving the accounting for municipalities of the state of Washington, chiefly sponsored by the Association of Washington Cities, there appears to be a growing conviction that some of the state laws regulating such accounting need revision. The interest is directed principally toward the laws dealing with municipal budgeting and it is felt by some that a complete revision of the budget laws is warranted. On the supposition that, until a thorough revision is made possible, some improvements of a lesser scope might be made, this article suggests desirable changes in the laws. The …
The Constitution Of The Union Of Burma, Benegal Narsing Rau
The Constitution Of The Union Of Burma, Benegal Narsing Rau
Washington Law Review
The Constitution of Burma, which came into force on January 4, 1948, has many features of great interest to the constitution-maker. In form and content, in magnanimous treatment of special regions and racial groups, and in speed of enactment, it provides an example well worth our attention at the present time. The writer of this article had the honour of being associated closely with the framers of the Constitution at almost every stage.
File Wrapper Estoppel, O. M. Christensen
File Wrapper Estoppel, O. M. Christensen
Washington Law Review
Patent law cases are rare in Washington. Thys v. Rivard, the most recent, concerned patent infringement and turned on two important rules of patent law: the doctrine of equivalents and the doctrine of file wrapper estoppel. Although the former of these rules had confronted the court on an earlier occasion, file wrapper estoppel was presented for the first time by the Rivard case. File wrapper estoppel, a rule of patent construction, derives its name from the Patent Office file wrapper containing the record of proceedings leading up to the grant of the letters patent. If, when the Patent Office examines …
Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett
Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett
Washington Law Review
The underlying thesis of this critique is the notion that we are irrevocably committed to a federal labor policy of encouraging the establishment and maintenance of collective bargaining relationships. The economic wisdom of collective bargaining as a policy is somewhat beyond the scope of this discussion, yet some observations seem appropriate.
Use Of The Court Order Of Relinquishment In Adoption Proceedings In Washington, John W. Sweet
Use Of The Court Order Of Relinquishment In Adoption Proceedings In Washington, John W. Sweet
Washington Law Review
The necessity for the court order of relinquishment in adoption proceedings in Washington has until recently presented a confusing problem.
A Brief Outline Of The Growth Of Philippine Law, Ewald E. Selph
A Brief Outline Of The Growth Of Philippine Law, Ewald E. Selph
Washington Law Review
The Philippine Constitution was adopted pursuant to the mandate of the Tydings-McDuffie Law that it should be republican in form and contain a bill of rights. It contains a declaration of principles which includes five major items. These are: the Philippines are a republican state and sovereignty resides in, and all government authority emanates from, the people; national defense is the prime duty of government and all citizens may be required by law to render personal military or civil service; war is renounced as an instrument of national policy and the generally accepted principles of international law are adopted as …
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Washington Law Review
Many lawyers never in their careers have occasion to employ the writ of habeas corpus. It is only natural that there should exist, even within the profession, widespread lack of knowledge about the substantive rights guarded by this great engine of release and the procedures involved in its use. This article is designed to demonstrate the scope and manner of using the writ to attack criminal judgments of sentence in federal cases.
Mongol Law—A Concise Historical Survey, V. A. Riasanovsky
Mongol Law—A Concise Historical Survey, V. A. Riasanovsky
Washington Law Review
Two basic systems of law, one Chinese, the other Mongol, coexisted in Eastern Asia. Because they arose from contrasting cultural bases, the systems were entirely different. Chinese law sprang from a settled agricultural way of life while the law of the Mongols arose from a nomadic, pastoral economy The Chinese developed the fundamental institutions of settled agrarian culture and law in the Far East which greatly influenced the peoples of Korea, Japan, Annam, and so forth. The Mongols unfolded the basic institutions of nomadic, pastoral law and culture which likewise affected the nomadic tribes of Asia which once formed parts …
Mongol Law—Later Developments, Lawrence Krader
Mongol Law—Later Developments, Lawrence Krader
Washington Law Review
Professor Riasanovsky's article carries us up to the year 1924. A new constitution for the Mongol People's Republic was adopted in 1940. It is an extraordinary document, and is reprinted herewith in order to complete the picture. By way of introduction the following additional facts are given.
Constitution Of The Mongol People's Republic, Anon
Constitution Of The Mongol People's Republic, Anon
Washington Law Review
Ulan-Bator, June 30, 1940.
Boundary Disputes In Washington, James R. Ellis
Boundary Disputes In Washington, James R. Ellis
Washington Law Review
Quarrels over the physical edges of land ownership still appear on court calendars with disturbing frequency, displaying their peculiar bitterness beyond all value involved. A major factor swelling this litigation has been confusion over the various legal doctrines available in these disputes. Boundary line problems are often capable of treatment on several similar grounds and occasionally present contradictory equities, but they need not be a legal quagmire. This comment will attempt to analyze certain of the formulae currently applied to boundary disputes in Washington with particular reference to the doctrines of Acquiescence and Recognition, Oral Agreement, and Estoppel in Pais. …
The Real Estate Broker's Statute In Washington, Lisle R. Guernsey
The Real Estate Broker's Statute In Washington, Lisle R. Guernsey
Washington Law Review
Shortly after its passage the validity of the statute was sustained against a constitutional attack on the ground of class legislation and the interference with the right of contract. In the case of sales of real property, only contracts between an agent or broker and an owner are covered by the statute. An "owner" includes one whose title is only equitable or a broker who is also an owner, but excludes one who merely has an option to buy land. The statute has been construed to cover only contracts to pay a commission. The test of what constitutes a commission …
The Spirit Of Soviet Law, Harold J. Berman
The Spirit Of Soviet Law, Harold J. Berman
Washington Law Review
The Russian Revolution of 1917 seems to fall into the pattern of the great European revolutions. As with its predecessors, its original fury was unleashed against all legality, and its original vision was directed toward a society which would be free of the very idea of law. Like them, it has in the course of time settled down, and in settling down has invoked "stability of laws." In fact, orthodox principles have been restored, since the md-193o's, in one field of Soviet law after another. Nevertheless, Soviet jurists claim that their law is "law of a new type, essentially different …
How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr.
How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr.
Washington Law Review
However, in the recent Washington case of Krops v. Jacobson, a tax title, procured through a judgment in foreclosure proceedings for delinquent taxes, was set aside as void, even though the taxes had not been paid. The reason assigned was that the foreclosure had been caused by the failure of the county treasurer to note upon the receipt given in payment for current taxes that certain back taxes were due. To the legislative direction that there shall be two exceptions to the conclusive effect of a judgment in tax foreclosure proceedings, the court has added a third—frustration of the taxpayer …
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
"Irresistable Impulse" As A Defense In Criminal Law: A Criticism Based On Modern Psychiatric Concepts, Howard D. Hoedemaker
Washington Law Review
This is a criticism of the decision of the Supreme Court of Washington in the case of State vs. Maish. The opinion states that "appellant was accorded a fair trial in every respect, that the trial court committed no error in refusing to give the requested instruction, and that judgment and sentence of the trial court must be, and it is, affirmed." Reference is made to the above decision in detail, the instruction referred to was one requested by the defendant and refused by the trial court. It follows: "You are instructed that if you believe from the evidence that …
Community Interest In Commingled Income, Derived From Personal Service And Separate Capital—Another View, Benjamin H. Kizer
Community Interest In Commingled Income, Derived From Personal Service And Separate Capital—Another View, Benjamin H. Kizer
Washington Law Review
The lawyers of this state are deeply indebted to Mr. Francis A. LeSourd of the Seattle Bar for his thoughtful and scholarly analysis of "Community Property Status of Income from Business Involving Personal Service and Separate Capital." This article gives special pleasure in that Mr. LeSourd has taken pains to go to the historic roots of the problem—in the Spanish law and in the early decisions of other states. However, I am not at peace with one of Mr. LeSourd's conclusions. I venture, therefore,. to present an alternative to the view Mr. LeSourd has taken.
Estoppel Against State, County, And City, Richard A. Clark
Estoppel Against State, County, And City, Richard A. Clark
Washington Law Review
Because of the recent expansion of the activities engaged in by both state and municipal governments,.the problem of legal hazards to which they are subject becomes increasingly important. One such hazard is estoppel. In general estoppel is the principle that one who wrongfully or negligently induces another to adversely change his position will be precluded from pleading the falsity of his acts or representations to his own advantage.
The Effect Of The National Bankruptcy Code Upon The Uniform Business Corporations Act, Jennings P. Felix
The Effect Of The National Bankruptcy Code Upon The Uniform Business Corporations Act, Jennings P. Felix
Washington Law Review
The Federal Constitution provides that Congress shall have the power to establish uniform bankruptcy laws. This does not deprive the states of their power to enact insolvency laws but merely suspends the operation of such laws where enforcement would conflict with the Federal Act. Whether an insolvency statute is considered a bankruptcy act depends on whether the debtor is given an absolute discharge. The whole of the state act or merely the discharge portion may be invalid depending upon whether its other sections are inseparably interlaced with the discharge provision. If the highest court of the state declares its discharge …
The Assignment Of Errors In Appellate Briefs, Harry R. Venables, John Veblen
The Assignment Of Errors In Appellate Briefs, Harry R. Venables, John Veblen
Washington Law Review
Few subjects have troubled courts more and legal writers less than faulty assignments of error. Since the subject has received little attention outside the reports themselves, there has developed a mass of hitherto unassimilated case authority which, because of its size, is an obstacle rather than an aid to courts and attorneys. This article is the product of a survey of those cases. It will add little to the general store of information on the subject, but it is designed to do two things: (1) call the attention of the Bar to some of the clearer and better written discussions …
A Practitioner's Guide To Estate Planning In Washington (Part Ii), Charles Horowitz
A Practitioner's Guide To Estate Planning In Washington (Part Ii), Charles Horowitz
Washington Law Review
Part II of this article begins with estate provisions.
The Federal Administrative Procedure Act And The Administrative Agencies (1947), Vern Countryman
The Federal Administrative Procedure Act And The Administrative Agencies (1947), Vern Countryman
Washington Law Review
This book is a record of the proceedings of an institute held at the New York University School of Law in February, 1947 for the purpose of considering changes made in federal administrative processes by the Administrative Procedure Act of 1946. From this record it appears that the plan for the institute envisages (1) a general appraisal of the Act, followed by (2) consideration of its specific effects on the operations of some of the more important federal agencies, and (3) an analysis of its requirements for "rule-making," "adjudication," and judicial review.