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Articles 31 - 36 of 36

Full-Text Articles in Law

The Effect Of The Pendency Of Claims For Compensation Upon Behavior Indicative Of Pain, Cornelius J. Peck, Wilbert E. Fordyce, Richard G. Black Feb 1978

The Effect Of The Pendency Of Claims For Compensation Upon Behavior Indicative Of Pain, Cornelius J. Peck, Wilbert E. Fordyce, Richard G. Black

Washington Law Review

Recent theories endeavoring to explain manifestations of pain in humans have increasingly recognized the effect of sociological and psychological processes on pain.This article reports findings made in a research project based on the hypothesis that the pendency of a claim for compensation has the effect of causing greater, more intense, and more persistent pain than would otherwise be experienced if persons had not sought compensation. The study assumed that pain can most accurately be measured by observing behavior indicative of pain and focused on data reflecting such behavior. The lawyer-author of this article thought the study might demonstrate that current …


Securities Fraud Under The Blue Sky Of Washington, Sally H. Clarke Feb 1978

Securities Fraud Under The Blue Sky Of Washington, Sally H. Clarke

Washington Law Review

In the past, federal courts have been the primary forums for securities fraud litigation because they exercise exclusive jurisdiction over claims under the Securities Exchange Act of 1934, and have expansively interpreted the antifraud provisions of that Act. Recent developments, however, suggest that state courts may provide a more attractive forum for plaintiffs seeking relief from securities fraud in Washington. Relevant considerations include recent United States Supreme Court decisions limiting the scope of civil liability under the 1934 Act, increasing congestion and delay in federal courts, recent amendments expanding the coverage of the civil liability provision of the Securities Act …


Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich Feb 1978

Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich

Washington Law Review

This comment will describe the statutory scheme for rescission and restoration, identify where and why interpretive problems arise, summarize the judicial approaches to these problems, and analyze those approaches in relation to the stated purposes of the Act.


Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison Feb 1978

Procedural Due Process And The Rules Of Evidence—Federal Impeachment Of The Voucher Rules—Welcome V. Vincent, 549 F.2d 853 (2d Cir.), Cert. Denied, 97 S. Ct. 2960 (1977), Bruce D. Garrison

Washington Law Review

Appellant, Ernest Welcome, was convicted in a New York state supreme court on charges of murdering two real estate brokers in their Bronx office. Before indicting Welcome, the State tried another party, Albert Cunningham, for the same offenses. Cunningham had admitted his participation in the crimes to police, giving an accurate account of the date, time, and location of the shootings. After a separate evidentiary hearing, the state court held that his confession to police had been voluntary and thus was admissible against him. Nevertheless, the charges against Cunningham were dropped in mid-trial. At his trial, Welcome called Cunningham as …


Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker Feb 1978

Bradwell V. State: Some Reflections Prompted By Myra Bradwell's Hard Case That Made "Bad Law", Charles E. Corker

Washington Law Review

Bradwell and Slaughter-House deserve study together for a second reason. These two decisions provide useful lessons for our time about the Equal Rights Amendment (ERA).10 They demonstrate that the consequences of a constitutional amendment—particularly one written in abstract and grand terms like the fourteenth amendment or the ERA—are unpredictable and dependent upon imponderables such as the sequence of cases on the Court's calendar.


Judicial Power—The Inherent Power Of The Courts To Compel Funding For Their Own Needs—In Re Juvenile Director, 87 Wn. 2d 232, 552 P.2d 163 (1976), John C. Taggart Feb 1978

Judicial Power—The Inherent Power Of The Courts To Compel Funding For Their Own Needs—In Re Juvenile Director, 87 Wn. 2d 232, 552 P.2d 163 (1976), John C. Taggart

Washington Law Review

In 1975, the superior court of Lincoln County, Washington, proposed that the salary of its director of juvenile services be raised by $125 per month.' The Lincoln County Board of Commissioners rejected the increase and refused to honor the subsequent order to pay it. At the show cause hearing before the Lincoln County superior court, the trial judge held that because the superior court had authority to appoint the director, it also had the inherent power to agree with him on compensation. Consequently, R.C.W. § 13.04.040, granting to the board the power to determine the director's salary, was held to …