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Full-Text Articles in Law
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Community Property—Washington Allows Separate Tort Recovery From Community Property—Deelche V. Jacobsen, 95 Wn. 2d 237, 622 P.2d 835 (1980), Elizabeth Jane Blagg
Washington Law Review
With the deElche decision, Washington joined the majority of community property states, but did not address several important questions, which will be the subject of this note. This note begins by reviewing prior case law and the structure of community property ownership in general. An analysis of the majority and dissenting opinions in deElche follows. The majority's reasoning and the impact of the decision will then be analyzed. The note concludes that the deElche holding is basically sound, but that the lack of clarity in the opinion leaves several community property questions unsettled.
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Actions For Loss Of Consortium In Washington: The Children Are Still Crying, Gino L. Gabrio
Washington Law Review
This comment examines the reasons advanced by Washington courts to deny children a cause of action for loss of parental consortium when a parent is negligently injured. It discusses the inconsistent positions that courts and legislatures have taken in awarding or refusing to award recovery for loss of consortium by various classes of plaintiffs, and argues that children, like parents and spouses, should also have a separate consortium action. This comment then proposes guidelines for legislation creating a child's consortium action that limits any dangers of permitting children to recover. Finally, this comment concludes that, if the legislature fails to …
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
A Property Theory Of Future Earning Potential In Dissolution Proceedings, Jon Andrew Chandler
Washington Law Review
State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community. This comment begins by outlining state …
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
A Reappraisal Of The Taxation Of Wealth Transfers Incident To Divorce, John P. Steines
Washington Law Review
The intent of this article is to inspire a review of the entire area of wealth transfers incident to divorce; to take the scope of review beyond fixation on Davis, with the view of integrating the present regimes in a scheme that is less dependent on the subtle and often invisible distinction between support and property rights. The article discusses first, the purpose of the rules governing periodic cash payments; second, the evolution of the rule on transfers of appreciated property; third, an assessment of the need for reform; and fourth, a proposal for unified treatment of all marital wealth …
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Tort—Parental Immunity—Merrick V. Sutterlin, 93 Wn. 2d 411, 610 P.2d 891 (1980), Frederick W. Grimm
Washington Law Review
This note outlines the origins of the doctrine of parentalftort immunity and its development in Washington, placing special emphasis on the doctrine's underlying policies and their applicability in automobile negligence cases. This note then discusses the problems which may arise from the Merrick court's failure to abolish the parental immunity entirely. Looking to the future, this note suggests that the immunity be abolished in favor of a standard of care recognizing the legal duty of a parent to act as a reasonably prudent parent.