Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 29 of 29
Full-Text Articles in Law
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Life Insurance Proceeds As Community Property, Russell V. Hokanson
Washington Law Review
The past year has witnessed the closing by judicial decision of two important gaps in the Washington community property law, both relating to life insurance proceeds. The first case in point of time, Occidental Life Insurance Company v. Powers, announced the rule that where the husband changes the beneficiary of a life insurance policy which is the property of the community because issued on the life of the husband during marriage and paid for with community funds, without the consent or knowledge of the wife, the former beneficiary, the attempted gift by the husband is ineffective and the wife may …
Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern
Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern
Washington Law Review
In 1938 Congress enacted the Chandler Bill, which became effective September 22, 1938. Its purpose, among other things, as explained by the House Judiciary Committee report, was to clarify certain of the definitions and to add desirable new definitions, to straighten out certain overlapping provisions, to increase efficiency in administration, to make clearer certain ambiguous provisions, to improve the procedural sections of the act, and in general to modernize and bring up to date the bankruptcy law of our country. Congress went somewhat further than a mere modernization of the existing statute. It expanded the law by adding chapters on …
Statute And Judge In Roman Criminal Law, Ernst Levy
Statute And Judge In Roman Criminal Law, Ernst Levy
Washington Law Review
This article is essentially an abbreviated version of a detailed investigation published in 4 Bulletino del Instituto di Diritto Romano "Vittorio Scialoja", 57-166 (1938, Milan) under the title: Gesetz und Richter im kaiserlichen Strafrecht. That paper may be consulted for source material and references. I wish to express my sincerest thanks to the John Simon Guggenheim Memorial Foundation which by the grant of a fellowship has enabled me to undertake this research.
Reorganization Under The Chandler Act: Features Of The New Revised Bankruptcy Law That Pertain To Corporate Reorganization, Roger L. Shidler
Reorganization Under The Chandler Act: Features Of The New Revised Bankruptcy Law That Pertain To Corporate Reorganization, Roger L. Shidler
Washington Law Review
The Chandler Act, which makes a complete revision of the bankruptcy laws, became effective on September 22, 1938. In this act there are incorporated some very substantial changes in the law relating to corporate reorganizations. The corporate reorganization provisions in former Section 77-B of the Bankruptcy Act have been changed and revised, and have been incorporated in the new bankruptcy act as Chapter X. Most of the changes were made as a result of the recommendations of the Securities and Exchange Commission, after a study of corporate reorganizations made by direction of Congress. While many of the changes are purely …
The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 3], C. Perry Patterson
Washington Law Review
This Is the concluding portion of Mr. Patterson's continued article. The first portion, in the Journal for January, 1938, covered the background of the theory of judicial review in the Federal Constitution. In the April issue he indicated the manner of incorporating the principle in the Constitution, and in the current installment he shows the wide use of judicial review and discusses its significance.
Briefs Improved Under New Rule: "Statements Of Questions Involved" Effectively Used During September Term, Although Some Misunderstanding Remains, Anon
Washington Law Review
A survey by this journal of briefs filed in the September term of court under this new subsection of Rule 16 indicates that while the purpose and effect of this rule are well understood and properly applied by the majority of appellants presenting briefs during the current term of the Supreme Court, a considerable number of brief writers did not employ this rule as properly and usefully in the interest of their clients and of the understanding of the court as might have been hoped. Some lawyers apparently did not make use of their opportunity to study the preliminary explanation …
The New Federal Rules Of Civil Procedure [Part 2], Elwood Hutcheson
The New Federal Rules Of Civil Procedure [Part 2], Elwood Hutcheson
Washington Law Review
Continuing with Depositions and Discovery.
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Washington Law Review
By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state's admission in open …
What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick
What Shall The Trial Judge Tell The Jury About Presumptions?, Charles T. Mccormick
Washington Law Review
I have been asked to add a comment upon the subject of presumptions, comprehensively dealt with in a recent article in this review. My discussion will be summary and selective, and will be devoted to certain practical questions suggested by a late decision of the Supreme Court of the United States, and by some recent cases in the Supreme Court of Washington. These questions relate to the manner in which the trial judge shall deal in his instructions with such presumptions as may have arisen from the evidence in the case.
Judicial Salaries In Washington: The Chart On The Opposite Page Contains Some Interesting Facts And Figures, S. Harold Shefelman
Judicial Salaries In Washington: The Chart On The Opposite Page Contains Some Interesting Facts And Figures, S. Harold Shefelman
Washington Law Review
The compensation paid the judges of both the Supreme Court and the Superior Courts of the State of Washington has remained unchanged since it was set by the Legislature of 1919 (Laws of Washington 1919, Ch. 77, See. 1, page 154) except for a slight adjustment upward with respect to the salaries of Superior Court judges in Class A counties by the Legislature of 1923 (Laws of Washington 1923, Ch. 169, page 545). The many changes that have transpired since 1919, all bearing directly on the question of the adequacy or inadequacy of the judges' salaries as, for example, the …
Steps That Have Been Taken: A Survey Of Past Activities Looking Toward Provision For Free Legal Aid, Lane Summers
Steps That Have Been Taken: A Survey Of Past Activities Looking Toward Provision For Free Legal Aid, Lane Summers
Washington Law Review
Apparently the first recognition of the necessity of organization in free legal aid by the Washington State Bar Association came just before its statutory integration, when a special committee was appointed in February, 1933, to cooperate with the State Relief Commission. The membership of this committee included one attorney from each of the eight largest cities of the state.
The New Federal Rules Of Civil Procedure [Part 1], Elwood Hutcheson
The New Federal Rules Of Civil Procedure [Part 1], Elwood Hutcheson
Washington Law Review
It is impossible, without unduly extending the length of this article, to discuss in detail each paragraph of the new rules, but it is our purpose: (1) briefly to survey the historical background; (2) to discuss the principal changes effected in federal procedure through adoption of these rules, and the principal points of similarity and difference between the new federal procedure and our state procedure in Washington; and (3) to consider possible improvements in our state practice which might be adopted therefrom.
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
Washington Law Review
Under the doctrine of res ipsa loquitur, where proof is made that an injury occurred under certain circumstances, negligence will be presumed from those circumstances. It is the purpose of this comment to discuss the doctrine as it exists in Washington from the standpoint of: (1) Under what circumstances will the doctrine be applied; (2) What effect will be given to the doctrine when it is applied; and (3) Will the applicability of the doctrine be affected by the plaintiff's pleading and attempting to prove specific acts of negligence.
Reports Of Committees, William F. Devin, Clifford Newton, O. B. Thorgrimson, Elmer M. Hayden
Reports Of Committees, William F. Devin, Clifford Newton, O. B. Thorgrimson, Elmer M. Hayden
Washington Law Review
Contains reports of the following committees: Annotations to the Restatement of Law, Cooperation with the American Bar Association, Discipline and Disbarment, Federal Legislation, Law Enforcement, Law Examiners, Legal Educaton, Legal Ethics, Legislative, Public Relations, Selection of Judges, and Unauthorized Practice of Law. Also includes the auditor's report.
Taxpayers' Remedies—Washington Property Taxes, Breck P. Mcallister
Taxpayers' Remedies—Washington Property Taxes, Breck P. Mcallister
Washington Law Review
The purpose of the discussion that follows is to consider the great variety of procedural devices that were developed largely by the courts prior to the anti-injunction statute of 1931, and to consider them in their setting in the tax machinery of the state. That statute represented an important shift in policy but until it is considered against the background of earlier available remedies it is difficult to understand the part that it will play in the future. Some consideration will also be given to the scope of judicial review as developed by the courts and the relation of this …
Supreme Court Changes Rules: Various Rules To Be Collected And Published In Comprehensive Form In Near Future, Anon
Washington Law Review
The Supreme Court, in collaboration with the Judicial Council, has been working on a new edition of its rules to be shortly published in one of the advance sheets and later in a bound volume of Washington Reports. It is contemplated that there shall be published in one advance sheet, the following: (a) Rules of the Supreme Court (revised); (b) Rules of Pleading, Procedure and Practice, including the new rules announced in Washington Decisions for March 9, 1938; (c) Rules relating to admission and disbarment; (d) General rules of the Superior Court.
Revised Program, Washington State Bar Association, Rainier National Park, July 29 And 30, 1938; Two New Governors: The Second And Fourth Congressional Districts Will Select New Board Members In June, Anon
Washington Law Review
No abstract provided.
Survey Of The New Federal Rules: The New Practice In The Federal Courts In Civil Cases Cognizable At Law Or In Equity, Alfred J. Schweppe
Survey Of The New Federal Rules: The New Practice In The Federal Courts In Civil Cases Cognizable At Law Or In Equity, Alfred J. Schweppe
Washington Law Review
A new era in federal practice, in suits of a civil nature whether cognizable as cases at law or in equity, has been ushered in by the act of Congress of June 19, 19341. Acting under the authority of this statute the Supreme Court of the United States, with the aid of a distinguished advisory committee, undertook the preparation of a "unified system of general rules for cases in equity and actions at law in the District Courts of the United States and in the Supreme Court of the District of Columbia, so as to secure one form of civil …
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 2], C. Perry Patterson
Washington Law Review
In the previous portion of this article, Mr. Patterson attributed the American Revolution to the tyrannies resulting from the failure of the British government to provide for judicial review of acts of the central government as well as of the acts of the local governments. After noting a resulting desire among the former colonists to substitute constitutional supremacy for legislative supremacy, Mr. Patterson observed the use of judicial review in the courts of several of the states prior to the Convention of 1787, pointed out the embodiment of its principles in the enactments of the Congress of the Confederation in …
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
The Lookout: The Lookout Reports That These Questions Are Now Before The Supreme Court, Anon
Washington Law Review
The Journal expects to establish "The Lookout" as a regular department to keep the Bar advised as to interesting and important questions pending in the Supreme Court of this state. The information is not furnished by the Court but is compiled from the briefs now on file with the clerk. The Journal suggests that attorneys desiring more complete information should communicate with counsel. This does not purport to be a complete survey of all questions now pending, but if the Bar evidences sufficient interest in this service it will be extended to include, as far as possible, all questions pending …
Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher
Payment Of The Liquidated Portion Of A Debt As Consideration For The Discharge Of The Entire Claim, William Goucher
Washington Law Review
In a recent Washington case, Paulsen Estate, Inc. v. Naches-Selah Irrigation District, the Supreme Court was called upon to decide whether the payment of the liquidated portion of a debt was a sufficient consideration for the discharge of the remaining part which was disputed by the parties. The court's decision that the debtor was thereby discharged presents a phase of accord and satisfaction which has had a peculiar history in this state.
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Proposed Rule Requiring Appellant In All Briefs Filed In The Supreme Court To Make On The First Page Of The Brief A "Statement Of Questions Involved", Alfred J. Schweppe
Washington Law Review
With a view to facilitating the most adequate and detailed consideration, in the State Supreme Court, of each case from the standpoint of the litigants, their counsel, and the public, the Judicial Council has under consideration a proposal to recommend to the State Supreme Court a rule of appellate practice requiring the appellant at the very commencement of his brief to make a "statement of questions involved." This practice has been found in the State of Pennsylvania to give most excellent results. It has been referred to in numerous cases. In order to show how this practice actually works, there …
Report Of The Committee On Federal Rules, Charles S. Albert
Report Of The Committee On Federal Rules, Charles S. Albert
Washington Law Review
Since the report on the November, 1937, draft of the Federal Rules was written, the Supreme Court, through the Attorney General, submitted to Congress on January 3, 1938, that draft with two important changes advocated by the Washington State Bar Association.
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Washington Law Review
It is fifty years, almost to a day, since the problem of liability for physical injuries to the plaintiff, caused not by impact but by fright or shock induced by defendant's negligent conduct, made its nearly simultaneous appearance in England and the United States. Both the House of Lords and the Supreme Court of New York disposed of it by denying liability; both stressed the lack of precedent as the basis for decision. Since then, precedents have come in plenty, and while many of the states still deny an action, the majority in which the question has arisen, supported by …
Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer
Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer
Washington Law Review
It is a well recognized principle of the common law that as between the vendor and vendee in a transaction involving property, they may by agreement fix the incidents which shall attach. The law is replete, however, with cases where a party in possession using the property creates a more or less deceptive appearance as to the ownership of the property so far as third parties are concerned. As between the vendor and a third party who has been misled, the law has taken into consideration not merely the objective incidents such as use and possession, but in addition the …
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
The Development And Evaluation Of Judicial Review [Part 1], C. Perry Patterson
Washington Law Review
The doctrine of judicial review is as much a principle of the Constitution as the principle of federalism or the doctrine of separation of powers and checks and balances. It is a far more definite power than the powers of Congress or those of the President. It should be remembered that the Constitution nowhere mentions federalism, separation of powers, checks and balances, national supremacy or concurrent powers, taxation for only a public purpose, business affected with a public interest is subject to regulation, contracts involving governmental powers are null and void, neither the national government nor the states can tax …
Legal Ethics, James B. Kinne
Legal Ethics, James B. Kinne
Washington Law Review
Address by Judge James B. Kinne, to class in Legal Ethics, University of Washington Law School, December 4, 1937.
The Four-Year Course—A Brief Statement Concerning Its Content And The Reasons For The Change, Judson Falknor
The Four-Year Course—A Brief Statement Concerning Its Content And The Reasons For The Change, Judson Falknor
Washington Law Review
Effective with the class entering the University of Washington Law School in the autumn quarter of 1938, the law course has been lengthened from three to four years. The plan was approved by the Board of Regents at their meeting on Saturday, January 15th, 1938. It is has been obvious for a long time that a lengthening of the standard law course was inevitable, and we have concluded that it is not wise to defer it longer. Our purpose is to bring the standards and requirements of the school into line with the necessities of present day conditions. For approximately …
Supplemental Washington Annotations, Restatement Of Contracts, Warren Shattuck
Supplemental Washington Annotations, Restatement Of Contracts, Warren Shattuck
Washington Law Review
It is now nearly three years since the Washington Annotations to the Restatement of Contracts was published. During this interval several developments have taken place. The Contracts Restatement has received an ever-increasing recognition from both courts and practitioners throughout the country. Such recognition was perhaps inevitable in view of the eminence and ability of the men who formulated the propositions set out in the Restatement. It is the product of much labor, by Professor Williston and his fellow reporters, and by the distinguished judges, attorneys and teachers who constitute the American Law Institute. More particularly, recognition has progressed in Washington. …