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Articles 1 - 30 of 72
Full-Text Articles in Law
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Washington Law Review
What is the present value of deferred payments made to secured creditors under a Chapter 11 reorganization plan? Courts agree that the present value depends on the interest rate that is used to compute the payments' value. They cannot agree, however, on how the proper interest rate should be determined. In their attempts to set a proper interest rate, most courts travel down the dead-end road of market rate analysis. Bogged down in the intricacies of this analysis, courts frequently ignore their fundamental role in bankruptcy proceedings: Resolving the tension between giving creditors protection while giving debtors a chance to …
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Washington Law Review
This piece is intended to present the Rule Against Perpetuities, including its recent modifications, simply and understandably. Because the Rule's mechanics, even in their neatest and purest form, have seemed beyond average comprehension, the explanation given here largely brushes over minor variants in the common law expression of the Rule and its operation. The goal is to ensure that the real core of the Rule is clearly portrayed.
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Washington Law Review
This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …
Mitigating Alcohol Health Hazards Through Health Warning Labels And Public Education, Elizabeth L. Kruger
Mitigating Alcohol Health Hazards Through Health Warning Labels And Public Education, Elizabeth L. Kruger
Washington Law Review
Alcohol is the most commonly abused drug in America today; yet, there has been no serious national effort to warn or educate the American public about the non-obvious dangers of its consumption. Courts refuse to impose liability on alcoholic beverage manufacturers for injuries arising out of their failure to warn consumers of the dangers of alcoholic beverages. They reason that the risks of alcohol consumption are widely known among the consuming public. Yet, Americans are actually less aware of the dangers of alcohol consumption than of the risks of smoking. This problem may be solved in several ways. A first …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer
Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer
Washington Law Review
In State v. Black, the Washington Supreme Court faced the question of whether the State, in a rape case, should be allowed to offer expert testimony on rape trauma syndrome ("RTS"). After examining some of the relevant scientific literature, case law, and the standards governing the admissibility of expert testimony, the court held that expert testimony on RTS was inadmissible. The court based its decision on findings that RTS testimony lacks scientific reliability, and that it unfairly prejudices a defendant accused of rape. The court's holding in Black was based on a misinterpretation of the available scientific literature, and on …
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Deferred Cash Payments To Secured Creditors In Cram Down Of Chapter 11 Plans: A Matter Of Interest, Waltraud S. Scott
Washington Law Review
What is the present value of deferred payments made to secured creditors under a Chapter 11 reorganization plan? Courts agree that the present value depends on the interest rate that is used to compute the payments' value. They cannot agree, however, on how the proper interest rate should be determined. In their attempts to set a proper interest rate, most courts travel down the dead-end road of market rate analysis. Bogged down in the intricacies of this analysis, courts frequently ignore their fundamental role in bankruptcy proceedings: Resolving the tension between giving creditors protection while giving debtors a chance to …
Can Subsidiaries Be "Purchasers" From Their Parents Under The Robinson-Patman Act? A Plea For A Consistent Approach, John Huddleston
Can Subsidiaries Be "Purchasers" From Their Parents Under The Robinson-Patman Act? A Plea For A Consistent Approach, John Huddleston
Washington Law Review
Should a parent corporation be allowed to discriminate in favor of its wholly-owned subsidiary? Courts have long grappled with this question when interpreting section 2(a) of the Robinson-Patman Act (the "Act"). Section 2(a) prohibits price discrimination between "different purchasers." If the subsidiary corporation is a "different purchaser" when it purchases goods from its parent, then the parent violates the Robinson-Patman Act by discriminating in the subsidiary's favor. Many courts, when faced with this issue, have ruled that the parent and subsidiary are per se parts of a single entity. The Fifth Circuit was the first court to adopt this per …
The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden
The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden
Washington Law Review
From a deep sleep, I slowly open my eyes and roll off my foam mattress—the foam padding made with chlorofluorocarbons ("CFCs"). My feet touch the carpet-the underlay also made with CFCs. I stumble into the kitchen, to the refrigerator. With the summertime heat, the motor is working overtime. Its coolant, made of CFCs, is keeping my orange juice cold; the foam egg carton, also of CFCs, is keeping my eggs fresh. And there is my breakfast steak: resplendent in its CFC foam package. Time to get to work Jumping into the car, I land in the CFC foam cushion seat, …
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Washington Law Review
Using computers to assist in testing and instruction creates privacy concerns that were absent or less consequential prior to the computer age. Not only does computer-assisted testing and instruction (CATI) threaten to invade privacy insidiously, its use with young schoolchildren poses the additional threat of arresting development of their privacy expectations. In light of the significance of "reasonable expectations of privacy" in constitutional and tort law, as well as privacy's role in resisting totalitarianism, widespread and routine use of CATI may profoundly alter the balance between public and private realms.
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Perpetuities: Basic Clarity, Muddled Reform, Robert L. Fletcher
Washington Law Review
This piece is intended to present the Rule Against Perpetuities, including its recent modifications, simply and understandably. Because the Rule's mechanics, even in their neatest and purest form, have seemed beyond average comprehension, the explanation given here largely brushes over minor variants in the common law expression of the Rule and its operation. The goal is to ensure that the real core of the Rule is clearly portrayed.
Can Subsidiaries Be "Purchasers" From Their Parents Under The Robinson-Patman Act? A Plea For A Consistent Approach, John Huddleston
Can Subsidiaries Be "Purchasers" From Their Parents Under The Robinson-Patman Act? A Plea For A Consistent Approach, John Huddleston
Washington Law Review
Should a parent corporation be allowed to discriminate in favor of its wholly-owned subsidiary? Courts have long grappled with this question when interpreting section 2(a) of the Robinson-Patman Act (the "Act"). Section 2(a) prohibits price discrimination between "different purchasers." If the subsidiary corporation is a "different purchaser" when it purchases goods from its parent, then the parent violates the Robinson-Patman Act by discriminating in the subsidiary's favor. Many courts, when faced with this issue, have ruled that the parent and subsidiary are per se parts of a single entity. The Fifth Circuit was the first court to adopt this per …
Mitigating Alcohol Health Hazards Through Health Warning Labels And Public Education, Elizabeth L. Kruger
Mitigating Alcohol Health Hazards Through Health Warning Labels And Public Education, Elizabeth L. Kruger
Washington Law Review
Alcohol is the most commonly abused drug in America today; yet, there has been no serious national effort to warn or educate the American public about the non-obvious dangers of its consumption. Courts refuse to impose liability on alcoholic beverage manufacturers for injuries arising out of their failure to warn consumers of the dangers of alcoholic beverages. They reason that the risks of alcohol consumption are widely known among the consuming public. Yet, Americans are actually less aware of the dangers of alcohol consumption than of the risks of smoking. This problem may be solved in several ways. A first …
Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer
Expert Testimony On Rape Trauma Syndrome: An Argument For Limited Admissibility—State V. Black, 109 Wash. 2d 336, 745 P.2d 12 (1987), Deborah A. Dwyer
Washington Law Review
In State v. Black, the Washington Supreme Court faced the question of whether the State, in a rape case, should be allowed to offer expert testimony on rape trauma syndrome ("RTS"). After examining some of the relevant scientific literature, case law, and the standards governing the admissibility of expert testimony, the court held that expert testimony on RTS was inadmissible. The court based its decision on findings that RTS testimony lacks scientific reliability, and that it unfairly prejudices a defendant accused of rape. The court's holding in Black was based on a misinterpretation of the available scientific literature, and on …
The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull
Washington Law Review
Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …
On "Protecting The Ordinary Investor", Ralph K. Winter
On "Protecting The Ordinary Investor", Ralph K. Winter
Washington Law Review
In this lecture I propose to differentiate, in a somewhat arbitrary yet analytically helpful way, between four types of investors, and then to consider various issues of corporate and securities law in light of the interests and functions of the different investors. I will style the investors the "Ordinary Investor," the "Speculator," the "Institutional Investor," and the "Entrepreneur in the Market for Management Control." These distinctions are arbitrary because overlap exists between the categories. Moreover, these definitions are not based on how particular investors behave, but on the market functions different kinds of investors perform. Thus, some who consider themselves …
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Privacy Regulation Of Computer-Assisted Testing And Instruction, Charles R. Tremper, Mark A. Small
Washington Law Review
Using computers to assist in testing and instruction creates privacy concerns that were absent or less consequential prior to the computer age. Not only does computer-assisted testing and instruction (CATI) threaten to invade privacy insidiously, its use with young schoolchildren poses the additional threat of arresting development of their privacy expectations. In light of the significance of "reasonable expectations of privacy" in constitutional and tort law, as well as privacy's role in resisting totalitarianism, widespread and routine use of CATI may profoundly alter the balance between public and private realms.
On "Protecting The Ordinary Investor", Ralph K. Winter
On "Protecting The Ordinary Investor", Ralph K. Winter
Washington Law Review
In this lecture I propose to differentiate, in a somewhat arbitrary yet analytically helpful way, between four types of investors, and then to consider various issues of corporate and securities law in light of the interests and functions of the different investors. I will style the investors the "Ordinary Investor," the "Speculator," the "Institutional Investor," and the "Entrepreneur in the Market for Management Control." These distinctions are arbitrary because overlap exists between the categories. Moreover, these definitions are not based on how particular investors behave, but on the market functions different kinds of investors perform. Thus, some who consider themselves …
The Public Trust Doctrine: Accommodating The Public Need Within Constitutional Bounds—Orion Corp. V. State, 109 Wash. 2d 621, 747 P.2d 1062 (1987), Cert. Denied, 108 S. Ct. 1996 (1988), Steven W. Turnbull
Washington Law Review
Following decades of neglecting its public trust duties, Washington now accepts the public trust doctrine as a permanent fixture in its law. In Orion Corp. v. State, the Washington Supreme Court reaffirmed the state's sovereign interest as the public's trustee in its tidelands, marshes, and shorelands. The court declared that private use of protected trust lands must conform to the public's interest in navigation, fishing, and recreation, and must not be harmful to the land's dependent wildlife. The court, however, declined to define the public trust's reach, stating only that it is coextensive with the public need. This standard suggests …
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Dna Identification Tests And The Courts, Laurel Beeler, William R. Wiebe
Washington Law Review
This Comment assesses the current state of forensic DNA tests and analyzes whether courts should admit the results of these tests as evidence. Section I provides a background discussion of how DNA tests work. This knowledge is essential for attorneys and courts seeking to evaluate expert testimony and analyze important issues concerning the reliability and admissibility of DNA test results. Section I also proposes safeguards and standards to facilitate the judicial acceptance of forensic DNA tests. Section II discusses judicial approaches to the admissibility of novel scientific techniques such as DNA tests, and concludes that courts should admit the results …
The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden
The Montreal Protocol: Confronting The Threat To Earth's Ozone Layer, Douglas Hunter Ogden
Washington Law Review
From a deep sleep, I slowly open my eyes and roll off my foam mattress—the foam padding made with chlorofluorocarbons ("CFCs"). My feet touch the carpet-the underlay also made with CFCs. I stumble into the kitchen, to the refrigerator. With the summertime heat, the motor is working overtime. Its coolant, made of CFCs, is keeping my orange juice cold; the foam egg carton, also of CFCs, is keeping my eggs fresh. And there is my breakfast steak: resplendent in its CFC foam package. Time to get to work Jumping into the car, I land in the CFC foam cushion seat, …
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson
Washington Law Review
This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Washington Law Review
This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny …
The Ghosts Of Fishing Nets Past: A Proposal For Regulating Derelict Synthetic Fishing Nets, Eric J. Fjelstad
The Ghosts Of Fishing Nets Past: A Proposal For Regulating Derelict Synthetic Fishing Nets, Eric J. Fjelstad
Washington Law Review
This Comment examines the extent of the problem of derelict fishing nets. Derelict netting kills shocking numbers of marine life, including species protected by federal laws. International and domestic laws could be used to redress the problem. Laws as currently enforced each have shortcomings, however, and share common difficulties. To solve the problem these shortcomings create, a comprehensive derelict net control system must be instituted. This program should include a method of tracking nets so that liability for loss can be assessed, and incentive systems to decrease both intentional and unintentional loss of netting. Failure to institute derelict net controls …
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
Washington Law Review
This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Judicial Discipline And Due Process In Washington State—In Re Deming, 108 Wash. 2d 82, 736 P.2d 639 (1987), Stephen Hobbs
Washington Law Review
This Note evaluates recent developments in Washington State concerning due process rights in judicial disciplinary proceedings. The focus is on In re Deming, a recent disciplinary case decided by the Washington Supreme Court. The analysis by the court in Deming highlights the conflict between the desire to discipline wayward judges and the need to protect the autonomy of the judiciary. The historical and procedural background of the Deming case is discussed first, and then three important procedural issues raised in the opinion are analyzed. The Note concludes that, although the court's broad due process holdings lack foundation, its specific …
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin
Washington Law Review
This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Aids Discrimination By Medical Care Providers: Is Washington Law An Adequate Remedy?, Joseph Reiner
Washington Law Review
Discrimination against AIDS patients by medical care providers violates antidiscrimination law. In evaluating legal tools to enforce fair AIDS care, this Comment focuses primarily on the federal Rehabilitation Act of 1973, and Washington's recently amended antidiscrimination and public health law. Discriminatory acts are difficult to defend under these laws. Nonetheless, existing law is inadequate for combating AIDS discrimination because the law is underused by AIDS patients and vague. This Comment recommends expressly banning the common forms of medical care discrimination, and requiring heightened human immunodeficiency virus ("HIV") testing standards, as important steps towards creating effective AIDS antidiscrimination law.
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
The Right To Require Performance In International Sales: Towards An International Interpretation Of The Vienna Convention, Amy H. Kastely
Washington Law Review
This Article will explore the remedial provisions of the Convention and some of the issues raised by the uneasy compromise over the right to require performance. Part I will describe the Convention's remedial provisions, illuminated by their drafting history. Part II will evaluate the ability of parties to vary these remedies, and will consider, in particular, the parties' ability to waive or require the remedy of specific performance contractually. A concluding section will offer some general observations regarding interpretation of the Sales Convention.
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Constitutional Challenges To Washington's Limit On Noneconomic Damages In Cases Of Personal Injury And Death, Marco De Sa E Silva
Washington Law Review
This Comment considers the constitutionality of the Washington cap on noneconomic damages. The Comment briefly reviews the recent legislation of medical malpractice and tort reform damages ceilings and judicial decisions on the constitutionality of such ceilings. The Comment then analyzes the constitutionality of the Washington limit under the substantive due process and equal protection guarantees of the federal and state constitutions. Because under the federal constitution a court should give the statute only minimal scrutiny, the statute probably does not offend fourteenth amendment protections. Under the Washington Constitution, however, a court should give the statute intermediate scrutiny. Under intermediate scrutiny …