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Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Washington's Second Degree Felony-Murder Rule And The Merger Doctrine: Time For Reconsideration, Jeffrey A. James
Seattle University Law Review
This Comment will discuss the effect of applying Washington's felony-murder statute where assault is the underlying felony. The case law interpreting section 9A.32.050(1)(b) of the Revised Code of Washington [hereinafter section (1)(b)] and the legislative intent behind that statute will be discussed, as will the effects of allowing assault to support a section (1)(b) charge. The thesis of this Comment is that interpretation of Washington's criminal code as a whole leads to the conclusion that the legislature never intended assault to be capable of supporting a section (1)(b) charge. It is recommended that the Washington Supreme Court reconsider its position …
A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman
A Nonsettling Defendant's Perspective On Reasonableness Hearings Under Washington's 1981 Tort Reform Act, Luanne Coachman
Seattle University Law Review
This Comment addresses the questions that the nonsettling defendant's attorney must answer. Section I sets out the function of reasonableness hearings in light of the policies the hearings are intended to further-avoiding collusion between settling defendants and plaintiffs and equitably apportioning the financial burden among tortfeasors. Section II examines the form of reasonableness hearings, including what evidence should be presented, what standards must be met, and the need for reviewable findings and conclusions. Section III analyzes, in terms of constitutional due process, the notice required by the statute. Section IV considers what remedy should follow a finding that a settlement …
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
Curing Washington's Occupational Disease Statute: Dennis V. Departmentof Labor And Industries, Lance Palmer
Seattle University Law Review
This Note focuses on the current state of occupational disease coverage under the workers' compensation system in Washington, and will review the legislative history, the administrative interpretation, and the judicial development of the occupational disease law. Further, after setting forth the broad policy goals behind the Industrial Insurance Act and outlining Washington's occupational disease statute, this Note will conclude with a discussion of the supreme court's analytical framework for a fair, workable, and uniform method for adjudicating occupational disease claims in Washington.