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Jurisprudence Commons

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University of Washington School of Law

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Articles 31 - 34 of 34

Full-Text Articles in Jurisprudence

Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko Nov 1980

Legal Method—Deciding The Retroactive Effect Of Overruling Decisions—Lau V. Nelson, 92 Wn. 2d 823, 601 P.2d 527 (1979), Robert B. Fisko

Washington Law Review

On December 21, 1978, the Washington Supreme Court decided in Robberts v. Johnson to overrule the common law gross negligence rule applied in Lau and earlier cases, and to adopt the ordinary negligence rule, followed by a majority of states. Remanding to trial on an ordinary negligence standard, the court gave plaintiff Robberts the retroactive benefit of the new rule, but remained silent on any further retroactive effect of the decision. The principal issue in Lau's second appeal, argued after the filing of the Robberts decision, was whether and to what extent the Robberts overruling decision should be given further …


Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon Apr 1967

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …


Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon Apr 1967

Jurisprudence And The Nature Of Language: Contrasting Views Of Hart And Chomsky, Anon

Washington Law Review

Because much of modern philosophy has been preoccupied with some form of language analysis and because jurists often apply philosophical techniques and insights when attempting to solve jurisprudential problems, theories or views of the nature of language have considerable jurisprudential significance. The point is illustrated by the recent movement toward using the methods of "ordinary language" philosophy in the analysis of legal problems. The pattern is not new; a roughly similar relationship is seen in positivism and its application in jurisprudence. The notion behind this approach is that an understanding of the nature of language contributes to the solution of …


The Assignment Of Errors In Appellate Briefs, Harry R. Venables, John Veblen Feb 1948

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 …