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Articles 301 - 330 of 513
Full-Text Articles in Entire DC Network
Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell
Washington's Retreat From Civil Rights Enforcement—Meyer V. University Of Washington, 105 Wn. 2d 847, 719 P.2d 98 (1986), Jack Warner Widell
Washington Law Review
Congress passed the Civil Rights Attorneys' Fees Awards Act of 1976 (the Fees Act) to provide fees sufficient to attract competent counsel for civil rights plaintiffs, and thereby to promote private enforcement of civil rights laws. Ten years later, in Meyer v. University of Washington, the Washington Supreme Court transformed the Fees Act into a shield for civil rights violators which will deter bona fide civil rights claims. This Note reviews the history of the Fees Act, critiques the Meyer court's analysis of the Act, and proposes alternate methods of evaluating claims of prevailing defendants. The Meyer court misinterpreted the …
Perpetuities Refinement: There Is An Alternative, Ira Mark Bloom
Perpetuities Refinement: There Is An Alternative, Ira Mark Bloom
Washington Law Review
A new uniform law is in the offing: a Uniform Statutory Rule Against Perpetuities (USRAP). The law is based on the wait-and-see approach to the common law Rule Against Perpetuities. Under this approach, a waiting period is prescribed to see whether the contingency which renders a nonvested interest void under the common law Rule actually occurs. The purpose of this article is twofold: first, to demonstrate why, in response to Professor Leach's basic question, we should not "wait-and-see"; second, to offer constructive alternatives to the wait-and-see approach. Part I of this article identifies those areas of agreement between wait-and-see advocates …
Rico And The Forfeiture Of Attorneys' Fees: Removing The Adversary From The Adversarial System?, Tim Tracy
Rico And The Forfeiture Of Attorneys' Fees: Removing The Adversary From The Adversarial System?, Tim Tracy
Washington Law Review
Analysis of the courts' application of RICO's amended forfeiture provisions to attorneys' fees entails consideration of the language of the statute, congressional intent, and the requirements of the fifth and sixth amendments. That analysis leads to a conclusion that neither legislative history nor statutory language requires the inclusion or exclusion of attorneys' fees from RICO forfeiture. Likewise, the right to counsel provided by the sixth amendment, upon which some courts have relied, does not adequately resolve the issue. Instead, fifth amendment due process analysis provides the requisite constitutional framework to resolve the fee forfeiture issue. Fifth amendment considerations compel recognition …
Appellee Tribes' Supplemental Brief Re White Mountain Apache Tribe V. Williams - United States V. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
United States v. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
No abstract provided.
Eurocacy And Distrust: Some Questions Concerning The Role Of The European Court Of Justice In The Protection Of Fundamental Human Rights Within The Legal Order Of The European Communities, Joseph H.H. Weiler
Washington Law Review
Protection of individual rights has been a central feature of much of the judicial review by supreme courts in Western countries in the postwar era. Concepts such as individual dignity and privacy, as well as more classical notions of liberty and equality before the law, have been the standard repositories of constitutional interpretation by courts reviewing governmental legislation and administrative action. The concept and practice of judicial review have penetrated, albeit in a limited way, even legal cultures which for long have resisted, such as Britain and France. I Indeed, judicial review in general and the protection of individual rights …
The Environmental Right To Habitat Protection: A Sohappy Solution—United States V. Washington, 759 F.2d 1353 9th Cir.), Cert. Denied, 106 S. Ct. 407 (1985), Judith W. Constans
The Environmental Right To Habitat Protection: A Sohappy Solution—United States V. Washington, 759 F.2d 1353 9th Cir.), Cert. Denied, 106 S. Ct. 407 (1985), Judith W. Constans
Washington Law Review
This Note indicates that both the district court's use of declaratory relief on the hatchery fish issue and the merits of its declaration on the environmental issue were entitled to affirmance. An analysis of the procedural history of the case suggests that the court should have decided the environmental issue. An analysis of the right to habitat protection reveals that habitat protection should be regarded as an implied term of the treaty right to take fish and that measuring the scope of the right by the tribes' moderate living needs fulfills the purpose of the treaty fishing clause. The measure …
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
Washington Law Review
This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …
Extending Legal Malpractice Liability To Nonclients—The Washington Supreme Court Considers The Privity Requirement—Bowman V. John Doe Two, 104 Wn. 2d 181, 704 P.2d 140 (1985), Scott Peterson
Washington Law Review
In Bowman v. John Doe Two, the Washington Supreme Court considered whether an attorney owes a duty of reasonable care to a third party in the absence of privity of contract. The attorney in Bowman represented a seventeen-year-old boy in juvenile court against charges brought by his mother. The boy's mother subsequently sued the attorney for acts of professional negligence that allegedly resulted in injury to the parent-child relationship. The court in Bowman held that the attorney owed no duty to the parent. However, dicta in the opinion indicates that the privity requirement may soon be relaxed in Washington. The …
The Washington Real Estate Contract Forfeiture Act, Linda S. Hume
The Washington Real Estate Contract Forfeiture Act, Linda S. Hume
Washington Law Review
The Real Estate Contract Forfeiture Act (the Act), which became effective January 1, 1986, creates a nonjudicial procedure for forfeiture of the purchaser's interest in a real estate contract that terminates the purchaser's rights in the contract and in the real property that is the subject matter of the contract. Compliance with the Act's procedures should clear the seller's title to the property. The Act represents a significant departure from common law forfeiture procedures. This discussion will trace the origins of the Act, explain its basic design and purpose, and indicate where the Act changes or parallels the prior common …
Lawyer Advertising, Tim J. Filer
Lawyer Advertising, Tim J. Filer
Washington Law Review
This Survey Comment will give a brief synthesis of the constitutional law underlying the area of attorney advertising, and take a more detailed look at the Zauderer decision. While an overview of the Washington Rules has been given elsewhere in this issue, the primary focus of this comment will be on how the rules meet, and fall short of, the constitutional standards clarified in Zauderer. In particular, the prohibition of direct mail contact with specific persons known to need legal services in a specific matter appears to be unconstitutional. Additionally, the Washington rule limiting the use of trade names may …
Appellee Tribes' Reply Brief - United States V. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
United States v. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
No abstract provided.
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson
Articles
This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …
Brief Of Appellee And Cross-Appellant Tribes - United States V. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
United States v. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
No abstract provided.
Appeal From A District Court Judgement Awarding Attorney Fees Under 42 U.S.C. 1988 - United States V. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
United States v. Washington, Docket Nos. 85-3908, 85-4009 (813 F.2d 1020 (9th Cir. 1987))
No abstract provided.
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Law Review
In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Law Review
In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …
Appellants' Reply Brief - United States V. Washington, Docket No. No. 84-3999 (761 F.2d 1419 (9th Cir. 1985))
United States v. Washington, Docket No. No. 84-3999 (761 F.2d 1419 (9th Cir. 1985))
No abstract provided.
Brief Of Plaintiffs-Appellees - Laduke V. Nelson, Docket Nos. 83-3608, 84-4148 (762 F.2d 1318 (9th Cir. 1985))
Ninth Circuit Briefs
No abstract provided.
Appellants' Opening Brief - United States V. Washington, Docket No. No. 84-3999 (761 F.2d 1419 (9th Cir. 1985))
United States v. Washington, Docket No. No. 84-3999 (761 F.2d 1419 (9th Cir. 1985))
No abstract provided.
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Politics And Principles: An Assessment Of The Roosevelt Record On Civil Rights And Liberties, Peter Irons
Washington Law Review
The central focus of this article is on the role played in these episodes by the U.S. Department of Justice, the primary federal agency entrusted with law enforcement duties and powers. In particular, the role of the attorney general as the department's titular head and as the personification of federal enforcement of civil rights and liberties provides this article with its analytic framework. A recent press commentary put this crucial cabinet post in perspective: "More than anyone but the President himself, it is the Attorney General who sets the moral tone of an Administration, symbolizing its commitment or lack of …
Appellants' Reply Brief - United States V. Washington, Docket No. 84-3769 (774 F.2d 1470 (9th Cir. 1985))
United States v. Washington, Docket No. 84-3769 (774 F.2d 1470 (9th Cir. 1985))
No abstract provided.
Joint Amicus Curiae Brief Of Columbia River Tribes - United States V. Washington, Docket No. 84-3769 (774 F.2d 1470 (9th Cir. 1985))
United States v. Washington, Docket No. 84-3769 (774 F.2d 1470 (9th Cir. 1985))
No abstract provided.
Brief Of Appellee Tribes - United States V. Washington, Docket No. 84-3769 (774 F.2d 1470 (9th Cir. 1985))
United States v. Washington, Docket No. 84-3769 (774 F.2d 1470 (9th Cir. 1985))
No abstract provided.
Appellants' Reply Brief - United States V. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))
United States v. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))
No abstract provided.
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
The Warranty Of Merchantability And Computer Software Contracts: A Square Peg Won't Fit In A Round Hole, Edward G. Durney
Washington Law Review
Courts have consistently held that Article 2 of the Uniform Commercial Code (U.C.C.) governs transactions involving computer hardware. Treatment of computer software transactions has been less consistent. This Comment contends that computer software, an intangible, is not within the scope of Article 2. It further contends that the warranty of merchantability cannot meaningfully be applied by analogy in computer software contracts. Finally, this Comment concludes that existing tort and contract causes of action provide software users with sufficient protection.
Brief Of Appellee Tribes - United States V. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))
United States v. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))
No abstract provided.
Appellants' Opening Brief - United States V. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))
United States v. Washington, Docket No. No. 84-3571 (761 F.2d 1404 (9th Cir. 1985))
No abstract provided.
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman
Court Actions Contesting The Nonjudicial Foreclosure Of Deeds Of Trust In Washington, Joseph L. Hoffman
Washington Law Review
The basic objectives of Washington real property law and of the Deed of Trust Act can be achieved only through a systematic approach to court actions contesting the nonjudicial foreclosure of deeds of trust. This Comment proposes judicial interpretations and legislative amendments designed to maintain the efficiency of the nonjudicial foreclosure process while enhancing both the fairness of the process and the stability of the land title system.
Reply Brief Of Appellant Makah Indian Tribe - United States V. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))
United States v. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))
No abstract provided.
Brief Of Plaintiff-Appellee United States Of America - United States V. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))
United States v. Washington, Docket No. 83-3802 (730 F.2d 1314 (9th Cir. 1984))
No abstract provided.