Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 35

Full-Text Articles in Law

Revenue Procedure 60-18—New Techniques For The Early Consideration And Disposition Of Tax Court Cases, Melvin L. Sears Nov 1961

Revenue Procedure 60-18—New Techniques For The Early Consideration And Disposition Of Tax Court Cases, Melvin L. Sears

Washington Law Review

With the promulgation of Revenue Procedure 60-18 (published in IRB No. 1960-37, p. 61), the Internal Revenue Service has again instituted a procedure for the benefit of the taxpayers, the tax Bar, the Tax Court and the Service. The effective operation of this new procedure undoubtedly will prove to be of substantial benefit to all parties concerned by securing a fair and expeditious disposition, either by settlement or trial, of tax controversies before the Tax Court.


Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer Nov 1961

Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer

Washington Law Review

This article delineates the purposes which exemption laws should serve and surveys ways in which a comprehensive revision of the Washington statutes can more equitably (both as to debtors and creditors) effectuate these purposes. The discussion is far from exhaustive of the many provisions which might be considered in a revision of the debtor exemption area. It is intended only as a starting point for the thinking of attorneys.


The Washington Law Of Arrest Without Warrant—Incidental Search, Robert D. Duggan Nov 1961

The Washington Law Of Arrest Without Warrant—Incidental Search, Robert D. Duggan

Washington Law Review

The scope of this comment is limited to considerations of the substantive law of arrest without a warrant and the permissible scope of searches and seizures incidental thereto. The discussion of substantive requirements for arrest without warrant and its incidental search will be confined to present Washington case law as measured against the federal constitutional and common law backgrounds.


Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway Nov 1961

Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway

Washington Law Review

The final part of this five-part article, resuming with section 2-701, Remedies for Breach of Collateral Contracts Not Impaired.


Washington Justice Court System—Constitutionality Of The Fee System Of Compensating Justices Of The Peace, Forest W. Walls Nov 1961

Washington Justice Court System—Constitutionality Of The Fee System Of Compensating Justices Of The Peace, Forest W. Walls

Washington Law Review

In the case of In re Borchert the Washington Supreme Court decided that a person tried before an unsalaried justice of the peace on a criminal charge was not deprived of due process of law because the justice was compensated on a fee basis.


Instructing A Jury In Washington, Lloyd L. Wiehl Nov 1961

Instructing A Jury In Washington, Lloyd L. Wiehl

Washington Law Review

One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.


The End Of An Experiment In Federalism—A Note On Mapp V. Ohio, Arval Morris Nov 1961

The End Of An Experiment In Federalism—A Note On Mapp V. Ohio, Arval Morris

Washington Law Review

When one views the full panoply of constitutional rights from the perspective of total United States Supreme Court history, he soon becomes aware that relatively few cases have directed that Court's attention to the constitutional immunity from unreasonable searches and seizures. However, the right expressed by the fourth amendment is obviously one of the most fundamental' for it gives legal protection to the "right of a man to privacy in his home, a right which is one of the indispensable ultimate essentials of our concept of civilization." Since this right is "basic to a free society"' and "implicit in the …


Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell Sep 1961

Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell

Washington Law Review

With the enactment of the Washington Consumer Protection Act, the Washington attorney will be meeting for the first time a comprehensive "antitrust" act designed to operate on the local or "intra-state" level. Because this act is, for the most part, unprecedented in this state, and because it involves, in addition to most of the complexities of federal antitrust law, a few novel features of its own, some sort of introduction to its provisions might be helpful to members of the Washington bar. There appears elsewhere in this issue an examination of the substantive provisions of this new law; my observations …


Corporations, J. Gordon Gose Sep 1961

Corporations, J. Gordon Gose

Washington Law Review

Covers recent laws on fiduciary security transfers and oln shareholders' consent in lieu of meeting.


Judicial Administration, George Neff Stevens Sep 1961

Judicial Administration, George Neff Stevens

Washington Law Review

Covers recent amendments.


Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards Sep 1961

Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards

Washington Law Review

The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity in Washington with a recently enacted statute. This abolition may be partial, however, and its full effect cannot be predicted with certainty. Much of this uncertainty is caused by the history of sovereign immunity, both in the State of Washington and elsewhere.


Insurance, Robert L. Taylor Sep 1961

Insurance, Robert L. Taylor

Washington Law Review

Covers recent laws on credit life, accident, and health insurance and on life insurance.


Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger Sep 1961

Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger

Washington Law Review

The following articles, the work of the faculty of the School of Law, the Attorney General, two members of the Washington Bar and a student, constitute the first academic comment on the laws of 1961. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Antitrust section considers the Consumer Protection Act of 1961 and its impact on Washington antitrust law.


Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody Sep 1961

Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody

Washington Law Review

May a federal prisoner, who has been injured due to the negligence of a federal employee while incarcerated in a federal prison, recover from the United States under the Federal Torts Claims Act?'


Commercial Law, Robert L. Taylor Sep 1961

Commercial Law, Robert L. Taylor

Washington Law Review

Covers recent laws on mutual savings banks.


Security Transactions, W. L. Shattuck Sep 1961

Security Transactions, W. L. Shattuck

Washington Law Review

Covers recent laws on conditional sales of personal property—filing; on crops—lien for supplier of fertilizer, pesticide, weed killer; and on real property mortgage foreclosure—redemption.


Workmen's Compensation, Richard Cosway Sep 1961

Workmen's Compensation, Richard Cosway

Washington Law Review

Covers recent amendments to the Industrial Insurance Act.


Constitutional Law, Walter C. Howe Jr. Jul 1961

Constitutional Law, Walter C. Howe Jr.

Washington Law Review

Covers cases on the right to counsel.


Criminal Law, Lloyd W. Peterson Jul 1961

Criminal Law, Lloyd W. Peterson

Washington Law Review

Covers observations on State v. Beck on "the joint problems of delineating the function of the grand jury and the protections required to be afforded those who appear in a grand jury proceeding" and related cases.


Judicial Administration, Charles F. Abbott Jr. Jul 1961

Judicial Administration, Charles F. Abbott Jr.

Washington Law Review

Covers cases on the inherent power of the court—constitutional grant of power—contempt.


Municipal Corporations, C. David Sheppard Jul 1961

Municipal Corporations, C. David Sheppard

Washington Law Review

Covers cases on the suspension or revocation of a driver's license by police courts.


Unauthorized Practice Of Law, Edward B. Mackie Jul 1961

Unauthorized Practice Of Law, Edward B. Mackie

Washington Law Review

Covers cases on a real estate broker held liable in damages for the unauthorized practice of law.


United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger Jul 1961

United States Held Liable Without Proof Of Negligence Under The Federal Tort Claims Act, Gordon G. Conger

Washington Law Review

In Hess v. United States, the Government was held liable for the death of a workman who was participating in the repair of the Bonneville Dam on the Columbia River, though the district court found that the Government was in no way negligent.


Creditor's Rights, Robert Debruyn, Paul A. Webber Jul 1961

Creditor's Rights, Robert Debruyn, Paul A. Webber

Washington Law Review

Covers cases on motor vehicle chattel mortgages—dual aspects of notice by registration and filing (DeBruyn) and on litigation of a tort claim in a garnishment proceeding—levy of execution upon a tort claim (Webber)


Pleading, Practice, And Procedure, C. David Sheppard Jul 1961

Pleading, Practice, And Procedure, C. David Sheppard

Washington Law Review

Covers cases on the abolition of the show cause order.


Trusts, Paul A. Webber Jul 1961

Trusts, Paul A. Webber

Washington Law Review

Covers cases on the doctrine of cy pres—general charitable intent.


Jurisdiction, Leon Misterek Jul 1961

Jurisdiction, Leon Misterek

Washington Law Review

Covers cases on state jurisdiction over Indian country.


Washington Case Law—1960; Attorney-Client, Leon Misterek Jul 1961

Washington Case Law—1960; Attorney-Client, Leon Misterek

Washington Law Review

Presented below is the eighth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1960. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …


Domestic Relations, Dale Kremer Jul 1961

Domestic Relations, Dale Kremer

Washington Law Review

Covers cases on the modification of child custody awards—jurisdictional requirements.


Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger Jul 1961

Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger

Washington Law Review

Covers cases on warrantless arrest (Kremer); on contributory negligence—absolute right to stop at a yellow light (Howe); on warning lights on the highway—absolute duty versus reasonable measures (Mackie); on automobiles—dangerous instrumentality doctrine—negligence (Lyness); on the tort liability of a building contractor to third persons injured after completion of work (Conger); and on silence as fraudulent concealment—vendor and purchaser—duty to disclose (Lyness)