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Articles 1 - 30 of 35
Full-Text Articles in Law
Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond
Certificates Of Title As A Practical System For Constructive Notice Of Security Interests In Motor Vehicles, Donald H. Bond
Washington Law Review
The position of a person taking security interests in motor vehicles in Washington is plagued with uncertainties. A sharp increase in the rate of defaults on loans so secured could make that position not only uncertain, but precarious. This unsatisfactory state of affairs is caused by the obsolescence of the present system for providing constructive notice of such security interests. A comparison of that system, which consists of the Washington certificate of ownership statute and the conditional sales and chattel mortgage filing statutes, with the recently-drafted Uniform Motor Vehicle Certificate of Title and Anti-Theft Act makes this fact painfully obvious. …
Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe
Report Of The Judicial Council On Expediting The Work Of The Supreme Court, Alfred J. Schweppe
Washington Law Review
The problem is the work load of the supreme court. According to the two most recent chief justices, Judge Hamley who has just left the rostrum, and Judge Donworth, who is here in the audience, the Supreme Court of the State of Washington is falling rather rapidly behind. In the May term of this year it was impossible for the court to set all of the cases that were ready for assignment. In the September term many cases now ready for assignment will go unset and cannot be set until the January term and the backlog of cases is increasing. …
Shall Advocacy Vanish?, J. A. Gooch
Shall Advocacy Vanish?, J. A. Gooch
Washington Law Review
The subject of my remarks indicates that at some time in the past and as of now advocacy has been practiced. To me advocacy is the backbone and the real strength of justice in this great land of ours. The term "advocate" has been linked with the legal profession—and properly so—from the beginning of time. We are a profession that has always taken an objective point of view, as contrasted with the negative or defensive point of view, to the end that principles and ideals shall be maintained.
The Requirement For Making Findings Of Fact And Conclusions Of Law In Washington, William D. Cameron
The Requirement For Making Findings Of Fact And Conclusions Of Law In Washington, William D. Cameron
Washington Law Review
The doctrine that a court should make findings of fact and conclusions of law as the basis of a judgment in a case tried by a court without a jury originated with the so-called "Field" Procedure Code presented to the New York legislature in 1848. Paradoxically, most western states quickly incorporated the burdensome procedure into their respective codes, while New York admirably adopted a different system. Western states, like Washington where the system of findings as a basis of the judgment in a jury-waived case has been statutory since 1854, have by and large retained the procedure. In 1938 the …
Washington Water Rights—A Sketch, Arval A. Morris
Washington Water Rights—A Sketch, Arval A. Morris
Washington Law Review
The general water policy applicable to unappropriated land within Washington Territory was that of prior appropriation and was announced by the Congress at an early date.6 Congressional enactments were passed in order to conform policy to the then existing practice of appropriation of water to a beneficial use and to encourage settlement of new areas. The Desert Land Act of 1877 effected a severance of all unappropriated non-navigable water from the public domain and made these waters publici juris. In addition, the states, including those forthcoming from the territories, were given plenary control over the severed water and were allowed …
Just Compensation And The Navigation Power, William J. Powell
Just Compensation And The Navigation Power, William J. Powell
Washington Law Review
The fifth amendment of the United States Constitution commands that private property shall not be taken for public use without just compensation. Many cases involve the issue of what constitutes just compensation for particular private property which has been taken. Few guiding principles have been formulated, other than a general proposition that just compensation is based upon the market value of the property with due consideration of all its available uses. The amount assessed under the above formula cannot be enhanced by any special use of the property to the Government, because just compensation means the amount of loss to …
The Questionable Status Of The Charitable Immunity, Robert M. Westberg
The Questionable Status Of The Charitable Immunity, Robert M. Westberg
Washington Law Review
Until 1953, charitable corporations in Washington enjoyed a limited immunity from tort liability. Until 1953, the extent of the immunity thus enjoyed was well enough defined so that the practitioner was assured that his predictions as to the outcome of future litigation would be reasonably accurate. However, two recent Washington cases dealing with the charitable immunity doctrine have effected the removal of much of the certainty from this area of the law, and thus prompt an analysis of the charitable immunity and its practical effect today.
Pre-Emption Of State Anti-Sedition Legislation By Federal Legislation, Betty B. Fletcher
Pre-Emption Of State Anti-Sedition Legislation By Federal Legislation, Betty B. Fletcher
Washington Law Review
In Commonwealth of Pennsylvania v. Nelson, 100 L.Ed. Adv. R. 415, Sup.Ct. 477 (1956), the United States Supreme Court, per Mr. Chief Justice Warren, sustained the decision of the Supreme Court of Pennsylvania, Western District, quashing the indictment of Steve Nelson under the Pennsylvania Sedition Act. (Under that indictment, he was tried, convicted, and sentenced to twenty years imprisonment, to a $10,000 fine and to costs of prosecution in the sum of $13,000 by the lower Pennsylvania court.) Subsequent to the state court trial, Nelson, an open and avowed communist, was tried and convicted under the federal anti-sedition act (the …
Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel
Habeas Corpus—Jurisdiction Of A Federal District Court With Respect To State Prisoners, Douglas R. Hendel
Washington Law Review
Giron et al. v. Cranor, 116 F.Supp. 92 (E.D.Wash. 1953), aff'd sub nom. Cranor v. Gonzales, 226 F.2d 83 (9th Cir. 1955), cert. denied, 350 U.S. 935 (1956) represents another significant step in the expanding supervision of state criminal proceedings by the federal courts. Petitioner was arrested without a warrant and held incommunicado for more than 24 hours by Seattle police. During this interval he was intensely interrogated and finally signed a statement which was offered as a confession at the murder trial of petitioner and his two alleged accomplices. Timely objection was made to the admission on the ground …
The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck
The Federal Tort Claims Act: A Proposed Construction Of The Discretionary Function Exception, Cornelius J. Peck
Washington Law Review
The purpose of this article is a limited one. It contains no suggestions for a broad statutory scheme for distributing all the burdens and costs of government. Its purpose is to suggest no more than a workable and just construction for the discretionary function exception of the statute. For the greatest part, the suggestion is no more than what the legislative history of the exception suggests—that the courts take note of the special problems of determining the liability of the Government for torts and then proceed to decide the cases as they would have done if the exception were not …
Community Property, William H. Mays
Community Property, William H. Mays
Washington Law Review
Covers cases on tort liability and conflict of laws.
Contracts, Donald H. Bond
Contracts, Donald H. Bond
Washington Law Review
Covers cases on: offer and acceptance—waiver of condition; integrated contracts; third-party beneficiary contracts—intent of promisee; and enforceability of bonus plans.
Creditors' Rights, Rex M. Walker
Creditors' Rights, Rex M. Walker
Washington Law Review
Covers cases on declaration of homestead—excess value subject to judgment lien—good faith declaration.
Damages, Gordon L. Walgren
Damages, Gordon L. Walgren
Washington Law Review
Covers cases on punitive damages—"willfulness" of tort feasor.
Domestic Relations, David Wayne Gittinger
Domestic Relations, David Wayne Gittinger
Washington Law Review
Covers cases on divorce—jurisdiction to grant custody and alimony in Washington.
Evidence, Gordon L. Walgren
Evidence, Gordon L. Walgren
Washington Law Review
Covers cases on best evidence rule—tape recording competent evidence where made from original wire recording.
Corporations, Arthur T. Lane
Corporations, Arthur T. Lane
Washington Law Review
Covers cases on appraisal statutes—remedies of dissenting shareholders.
Practice And Procedure, Roger L. Williams
Practice And Procedure, Roger L. Williams
Washington Law Review
Covers cases on default judgment—failure of complaint to state facts sufficient to constitute cause of action—waiver of right to attack complaint.
Taxation, George O'Dea
Taxation, George O'Dea
Washington Law Review
Covers cases on distraint and sale—adequacy of notice.
Torts, Betty B. Fletcher, Luzerne E. Hufford Jr., Lewis Guterson
Torts, Betty B. Fletcher, Luzerne E. Hufford Jr., Lewis Guterson
Washington Law Review
Covers cases on negligence—apportionment of damages between negligent and innocent acts of one defendant (Fletcher); negligence—agent's duty toward third persons (Hufford); and libel—misstatements to the general public concerning public officers (Guterson).
Real Property, Donald Louis Johnson
Real Property, Donald Louis Johnson
Washington Law Review
Covers cases on the power of revocation and on the status of the rule against undue postponement of enjoyment.
Washington Case Law—1955; Constitutional Law, Eugene C. Anderson
Washington Case Law—1955; Constitutional Law, Eugene C. Anderson
Washington Law Review
The articles of this survey have been prepared for publication as a part of the nominee program for membership on the Washington Law Review. The actual writing was done by the second-year members of the Law Review, under the guidance of the third-year members of the Board. The survey, the third of its kind, does not represent an attempt to discuss every Washington case decided in 1955. Rather, its purpose is to point out those cases which, in the opinion of the Board of Editors, constitute substantial additions to the body of law in Washington. Covers cases on: requirement that …
Criminal Law, Theordore D. Zylstra
Criminal Law, Theordore D. Zylstra
Washington Law Review
Covers cases on: bigamy—necessity of proving continued cohabitation; aiding and abetting—presence with intent to render assistance; and negligent homicide—degree of negligence required.
Insurance, Irwin L. Treiger
Insurance, Irwin L. Treiger
Washington Law Review
Covers cases on insurance—effect of a divorce decree.
Negotiable Instruments, Rex M. Walker
Negotiable Instruments, Rex M. Walker
Washington Law Review
Covers cases on bills and notes—corporate endorsement.
Probate, Anon
Workman's Compensation, Clarence Shuh
Workman's Compensation, Clarence Shuh
Washington Law Review
Covers cases on causation in heart cases.
The Uniform Laws In Washington, Byron D. Coney
The Uniform Laws In Washington, Byron D. Coney
Washington Law Review
Since the organization in 1892 of the National Conference on Uniform State Laws, more than 130 uniform laws have been drafted and approved by that group. A good many of the approved acts have since been superceded or withdrawn and at the present time a total of 58 uniform laws and 26 model acts are being recommended for adoption. All the states have adopted some of these laws and a few, such as Wisconsin or South Dakota have enacted a great number. The Commissioners of late have become interested in taking inventory in each state to determine the extent to …
Landlord And Tenant Notices, Cornelius J. Peck
Landlord And Tenant Notices, Cornelius J. Peck
Washington Law Review
The following article was prepared for the use of students taking the course in landlord and tenant law. In the hope that it may be of some use to practitioners in this state, it is reproduced here. For the convenience of the reader, the provisions of RCW 59.04.020 and a portion of the unlawful detainer statute, RCW 59.12.030, are set out below.
Soviet Law And Soviet Society, By George C. Guins (1954), V. A. Riasanovsky
Soviet Law And Soviet Society, By George C. Guins (1954), V. A. Riasanovsky
Washington Law Review
The present work comprises Soviet Philosophy of Law, Land and Labor Law, State Law, Soviet Justice and also social structure (Soviet Society), International Law (principles and practice) and the legal order in the Soviet satellites. Application of the comparative method allows the author to describe all the differences between the legal system of the modem democratic nations and Soviet law. Owing to the analysis of both systems and their psychological and sociological effects, it becomes easier to understand what the Soviet legal system means for an individual and society, for national economy and morals. It is a new approach to …