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1984

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Articles 31 - 60 of 2754

Full-Text Articles in Law

New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz Dec 1984

New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz

Washington Law Review

In State v. Ringer, the Washington Supreme Court announced two new constitutional rules for police searches and seizures. First, police arresting a suspect in a car may search the suspect and the area within the suspect's immediate control for weapons or evidence, but may not search the area beyond the arrestee's reach. Second, unless there are exigent circumstances that justify their dispensing with a warrant, police with probable cause to search a lawfully stopped vehicle must obtain a warrant before conducting a search. Various public officials and organizations have criticized Ringer, castigating the Washington Supreme Court for being soft on …


Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle Dec 1984

Relevance Of Industry Custom In Strict Product Liability, Kathleen M. Doyle

Washington Law Review

In Lenhardt v. Ford Motor Co., the Supreme Court of Washington held that evidence of industry custom is inadmissible in a strict product liability case. The Washington court held that the custom of the industry is not always a relevant factor in determining the reasonable expectations of the ordinary consumer. The court reasoned that admitting evidence of industry or manufacturers' customs and practices would improperly shift the inquiry from the reasonableness of the buyer's expectations to the reasonableness of the seller's conduct. The court recognized that this shift in focus would introduce concepts of fault that are relevant in a …


Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove Dec 1984

Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove

Washington Law Review

Under Washington's Consumer Protection Act, a private individual has standing to sue for unfair or deceptive business practices. The private litigant may not, however, use the Act as a vehicle to remedy those wrongs that impact only the private individual, because the Act's declared purpose is to protect the public interest. The public interest requirement thus imposes a restriction on the otherwise liberal construction of the Act. The Washington Supreme Court has established two tests by which the public interest requirement may be met: (1) the per se test and (2) the Anhold v. Daniels test.


Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward Dec 1984

Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward

Washington Law Review

In Thompson v. St. Regis Paper Company, the Washington Supreme Court limited the employer's right to discharge at will employees by carving out three specific exceptions to the at will rule. This approach is a tentative step toward protection of the interests of employees in Washington. However, because many unjustly discharged employees will be unable to frame a complaint that falls within one of these narrow exceptions, the Thompson decision falls short of a comprehensive solution to the problem of unfair discharge.


Service Of Process Under The Oklahoma Pleading Code, Charles W. Adams Dec 1984

Service Of Process Under The Oklahoma Pleading Code, Charles W. Adams

Tulsa Law Review

No abstract provided.


Tortious Breach Of Contract In Oklahoma, Michael F. Mcnamara Dec 1984

Tortious Breach Of Contract In Oklahoma, Michael F. Mcnamara

Tulsa Law Review

No abstract provided.


Osages, Iron Horses And Reversionary Interests: The Impact Of United States V. Atterberry On Railroad Abandonments, Sharon J. Bell Dec 1984

Osages, Iron Horses And Reversionary Interests: The Impact Of United States V. Atterberry On Railroad Abandonments, Sharon J. Bell

Tulsa Law Review

No abstract provided.


The Statutory Oil And Gas Lien In Oklahoma, Jack L. Kinzie, Joseph R. Dancy Dec 1984

The Statutory Oil And Gas Lien In Oklahoma, Jack L. Kinzie, Joseph R. Dancy

Tulsa Law Review

No abstract provided.


Will Contracts: Contract Rights In Conflict With Spousal Rights, Orley R. Lilly Jr. Dec 1984

Will Contracts: Contract Rights In Conflict With Spousal Rights, Orley R. Lilly Jr.

Tulsa Law Review

No abstract provided.


Fcc And Am Stereo: A Deregulatory Breach Of Duty, Jason B. Meyer Dec 1984

Fcc And Am Stereo: A Deregulatory Breach Of Duty, Jason B. Meyer

University of Pennsylvania Law Review

No abstract provided.


Memoirs In A Classical Style, Michael Boudin Dec 1984

Memoirs In A Classical Style, Michael Boudin

University of Pennsylvania Law Review

No abstract provided.


On Blazing Trials: Judge Friendly And Federal Jurisdiction, David P. Currie Dec 1984

On Blazing Trials: Judge Friendly And Federal Jurisdiction, David P. Currie

University of Pennsylvania Law Review

No abstract provided.


In Praise Of Friendly , Louis H. Pollak Dec 1984

In Praise Of Friendly , Louis H. Pollak

University of Pennsylvania Law Review

No abstract provided.


Dangerousness And Expertise, Christopher Slobogin Dec 1984

Dangerousness And Expertise, Christopher Slobogin

University of Pennsylvania Law Review

No abstract provided.


Worker Participation In Sweden And The United States: Some Comparisons From An American Perspective, Clyde Summers Dec 1984

Worker Participation In Sweden And The United States: Some Comparisons From An American Perspective, Clyde Summers

University of Pennsylvania Law Review

No abstract provided.


Markets For Power: An Analysis Of Elctrical Utility Deregulation, Almarin Phillips Dec 1984

Markets For Power: An Analysis Of Elctrical Utility Deregulation, Almarin Phillips

University of Pennsylvania Law Review

No abstract provided.


Judges' Judge , Carl Mcgowan Dec 1984

Judges' Judge , Carl Mcgowan

University of Pennsylvania Law Review

No abstract provided.


Views Of A Friendly Observer, John Minor Wisdom Dec 1984

Views Of A Friendly Observer, John Minor Wisdom

University of Pennsylvania Law Review

No abstract provided.


From Dean And Crown To The Tax Reform Act Of 1984: Taxation Of Interest-Free Loans, Michael D. Hartigan Dec 1984

From Dean And Crown To The Tax Reform Act Of 1984: Taxation Of Interest-Free Loans, Michael D. Hartigan

Notre Dame Law Review

No abstract provided.


1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson Dec 1984

1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson

St. Mary's Law Journal

Abstract Forthcoming.


Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson Dec 1984

Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson

St. Mary's Law Journal

Abstract Forthcoming.


Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez Dec 1984

Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez

St. Mary's Law Journal

Abstract Forthcoming.


New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price Dec 1984

New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price

St. Mary's Law Journal

Abstract Forthcoming.


The Doctrine Of Crashworthiness In Texas: Movement Toward A Workable Solution Procedure Forum - Comment., G. Franco Mondini Dec 1984

The Doctrine Of Crashworthiness In Texas: Movement Toward A Workable Solution Procedure Forum - Comment., G. Franco Mondini

St. Mary's Law Journal

Abstract Forthcoming.


Financing Statement Covering After-Acuired Inventory Filed Solely Under Debtor's Trade Name In Non-Complying Bulk Sale Allows Seller's Secured. Creditors A Perfected Security Interest In Purchaser's After-Acquired Property And Priority Over Purchaser's Prior Secured Creditors To Extent Of Value Of Inventory Collateral Transferred Procedure Forum - Case Note., Katherine Compton Dec 1984

Financing Statement Covering After-Acuired Inventory Filed Solely Under Debtor's Trade Name In Non-Complying Bulk Sale Allows Seller's Secured. Creditors A Perfected Security Interest In Purchaser's After-Acquired Property And Priority Over Purchaser's Prior Secured Creditors To Extent Of Value Of Inventory Collateral Transferred Procedure Forum - Case Note., Katherine Compton

St. Mary's Law Journal

Abstract Forthcoming.


Domestic Relations Law: Federal Jurisdiction And State Sovereignty In Perspective, Sharon Elizabeth Rush Dec 1984

Domestic Relations Law: Federal Jurisdiction And State Sovereignty In Perspective, Sharon Elizabeth Rush

Notre Dame Law Review

No abstract provided.


Book Note, Crystal L. Miller Dec 1984

Book Note, Crystal L. Miller

Notre Dame Law Review

No abstract provided.


Case Comments, Notre Dame Law Review Editors Dec 1984

Case Comments, Notre Dame Law Review Editors

Notre Dame Law Review

No abstract provided.


Administrative Regulation Of The High School Press, Michigan Law Review Dec 1984

Administrative Regulation Of The High School Press, Michigan Law Review

Michigan Law Review

This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …


The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …