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Articles 61 - 72 of 72
Full-Text Articles in Law
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
Washington Law Review
Evaluating accomplishments and prospects in the area of international human rights law recalls the oft-used rhetorical question about whether the glass is half empty or half full. As far as human rights are concerned, if the question is "how much has been achieved," the answer must be "a great deal." If the question is "how much remains to be achieved," the answer will be the same: "a great deal." Has a great deal more been achieved than remains to be accomplished? Yes and no; it all depends where we start and what we consider to be achievements. Tonight I propose …
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
Washington Law Review
This Comment addresses the role of the tort system in the vaccine liability crisis and analyzes the probable success of the Act in resolving the crisis. This Comment recommends that the Act be amended to prohibit all actions against vaccine manufacturers based on failure to warn theories. Even though failure to warn is not a proper basis for finding civil liability, this Comment suggests that the Food and Drug Administration establish guidelines, enforceable under the Federal Food, Drug, and Cosmetic Act, to require that each vaccinee receives an adequate warning of the risks associated with vaccination.
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Washington Law Review
The most recent Indian law case before the Supreme Court, California v. Cabazon Band of Mission Indians, involved the rights of states to regulate gambling on federally recognized Indian reservations. The Court ruled in Cabazon that state regulation of tribal gambling operations was not allowed. This Note examines the Court's decision, proposes a more consistent method for application of Public Law 280, and suggests adoption of a new test for Indian law decisions. The balancing test currently used by the Court, which weighs state interests in jurisdiction almost equally against Indian interests, should no longer be used in conjunction …
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
Washington Law Review
Evaluating accomplishments and prospects in the area of international human rights law recalls the oft-used rhetorical question about whether the glass is half empty or half full. As far as human rights are concerned, if the question is "how much has been achieved," the answer must be "a great deal." If the question is "how much remains to be achieved," the answer will be the same: "a great deal." Has a great deal more been achieved than remains to be accomplished? Yes and no; it all depends where we start and what we consider to be achievements. Tonight I propose …
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
Washington Law Review
This Comment addresses the role of the tort system in the vaccine liability crisis and analyzes the probable success of the Act in resolving the crisis. This Comment recommends that the Act be amended to prohibit all actions against vaccine manufacturers based on failure to warn theories. Even though failure to warn is not a proper basis for finding civil liability, this Comment suggests that the Food and Drug Administration establish guidelines, enforceable under the Federal Food, Drug, and Cosmetic Act, to require that each vaccinee receives an adequate warning of the risks associated with vaccination.
Stock Subscription Law For Practitioners, Richard O. Kummert
Stock Subscription Law For Practitioners, Richard O. Kummert
Washington Law Review
Law review analysis of stock subscription law—the law related to promises to pay to a corporation a stated sum for a specified number of unissued shares—has been noticeably lacking in recent years. I suspect the most prominent reasons for the void center on the feeling in the academic community that subscriptions are used infrequently and that in any event the law related to them is settled. The material that follows demonstrates that both these propositions are false: subscriptions appear to be used with some frequency in the formation of small corporations, and the law related to them remains complex and …
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
Washington Law Review
There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
Washington Law Review
Numerous state and federal statutes award winning litigants attorney's fees from losing litigants. The Washington long arm statute, section 4.28.185(5) of the Revised Code of Washington, allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs. The statute provides that when defendants are personally served outside the state on causes of action enumerated in the statute, the court may require a plaintiff to pay the defendant's reasonable attorney's fees. This Comment argues that the judicial implementation of this provision inappropriately inflicts injury upon Washington plaintiffs while often failing to protect nonresident defendants.
The Alternataive Minimum Tax For Individuals: Present Problems And Future Possibilities, Kerry Sean Bucklin
The Alternataive Minimum Tax For Individuals: Present Problems And Future Possibilities, Kerry Sean Bucklin
Washington Law Review
This Comment addresses the problems presented by the revised alternative tax. First, the alternative tax is described in the context of the 1986 Tax Reform Act. Second, the new provisions of the alternative tax are analyzed to show that even with them, the alternative tax still does not tax all economic income. Third, the inefficiency and inequitable nature of the alternative tax are examined. Fourth, short and long-term solutions to the current alternative tax problems are proposed.
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
Washington Law Review
Numerous state and federal statutes award winning litigants attorney's fees from losing litigants. The Washington long arm statute, section 4.28.185(5) of the Revised Code of Washington, allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs. The statute provides that when defendants are personally served outside the state on causes of action enumerated in the statute, the court may require a plaintiff to pay the defendant's reasonable attorney's fees. This Comment argues that the judicial implementation of this provision inappropriately inflicts injury upon Washington plaintiffs while often failing to protect nonresident defendants.
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Washington Law Review
The most recent Indian law case before the Supreme Court, California v. Cabazon Band of Mission Indians, involved the rights of states to regulate gambling on federally recognized Indian reservations. The Court ruled in Cabazon that state regulation of tribal gambling operations was not allowed. This Note examines the Court's decision, proposes a more consistent method for application of Public Law 280, and suggests adoption of a new test for Indian law decisions. The balancing test currently used by the Court, which weighs state interests in jurisdiction almost equally against Indian interests, should no longer be used in conjunction with …