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- Publication
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- Washington Law Review (37)
- United States v. Washington, Docket Nos. 75-2835 and 76-1042 (573 F.2d 1118 (9th Cir. 1978)) (5)
- Purse Seine Vessel Owners Ass'n v. Moos, Docket No. 43938 (88 Wash. 2d 799 (July 21, 1977)) (3)
- United States v. Washington, Docket Nos. 76-1112, 76-1186 (573 F.2d 1117 (9th Cir. 1978)) (3)
- Washington State Commercial Passenger Fishing Vessel Ass'n v. Tollefson, Docket No. 43642 (87 Wash. 2d 417 (Aug. 12 1976)) (3)
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- Washington v. United States, Northwest Steelheaders Council of Trout Unlimited v. United States, Washington Reef Net Owners Association v. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976)) (3)
- Articles (2)
- Puget Sound Gillnetters Ass'n v. Moos, Docket No. 44401 (88 Wash. 2d 677 (June 9, 1976)) (2)
- Publication Type
Articles 31 - 58 of 58
Full-Text Articles in Law
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Prisoners' Right Of Access To Courts: Planning For Legal Aid, Geoffrey P. Alpert
Washington Law Review
The civil rights movement has reached into prisons and jails, directing public attention to the fact that prisoners are also beneficiaries of the rights and privileges that the Constitution extends to all citizens. After a discussion of the development of prisoners' rights, this article will survey the major cases establishing prisoners' rights of access to courts and legal assistance. It will summarize previous research dealing with prisoners and their legal problems on a national scale, and extend that research by presenting the findings of a recent research project conducted in the Washington State prison system evaluating the legal needs of …
Brief Of Respondents
Purse Seine Vessel Owners Ass'n v. Moos, Docket No. 43938 (88 Wash. 2d 799 (July 21, 1977))
No abstract provided.
Brief For The United States
United States v. Washington, Docket Nos. 75-2835 and 76-1042 (573 F.2d 1118 (9th Cir. 1978))
No abstract provided.
Brief Of Appellee Swinomish Indian Tribal Community
Brief Of Appellee Swinomish Indian Tribal Community
United States v. Washington, Docket Nos. 75-2835 and 76-1042 (573 F.2d 1118 (9th Cir. 1978))
No abstract provided.
Brief Of Appellee Puyallup Tribe
Brief Of Appellee Puyallup Tribe
United States v. Washington, Docket Nos. 75-2835 and 76-1042 (573 F.2d 1118 (9th Cir. 1978))
No abstract provided.
Brief Of Intervenors-Appellees Makah Tribe And Lummi Tribe
Brief Of Intervenors-Appellees Makah Tribe And Lummi Tribe
United States v. Washington, Docket Nos. 75-2835 and 76-1042 (573 F.2d 1118 (9th Cir. 1978))
No abstract provided.
Separate Reply Brief Of Puyallup Tribe
Separate Reply Brief Of Puyallup Tribe
United States v. Washington, Docket Nos. 76-1112, 76-1186 (573 F.2d 1117 (9th Cir. 1978))
No abstract provided.
Brief Of Appellees
United States v. Washington, Docket Nos. 76-1112, 76-1186 (573 F.2d 1117 (9th Cir. 1978))
No abstract provided.
Brief Of Appellants
Purse Seine Vessel Owners Ass'n v. Moos, Docket No. 43938 (88 Wash. 2d 799 (July 21, 1977))
No abstract provided.
Brief Of Appellants
United States v. Washington, Docket Nos. 75-2835 and 76-1042 (573 F.2d 1118 (9th Cir. 1978))
No abstract provided.
Appellants' Opening Brief
United States v. Washington, Docket Nos. 76-1112, 76-1186 (573 F.2d 1117 (9th Cir. 1978))
No abstract provided.
Tax Consequences Of Post-Dissolution Support Payment Arrangements, Roland L. Hjorth
Tax Consequences Of Post-Dissolution Support Payment Arrangements, Roland L. Hjorth
Washington Law Review
The economic settlement accompanying a marriage dissolution may consist of one or both of the following: (1) the initial "property settlement," sometimes referred to as a "division" of property when only community property is involved; and (2) provisions for maintenance payments categorized as alimony, child support, or some combination thereof. The tax problems of property settlements have been analyzed previously by the author. They are considered here only to the extent necessary to distinguish property settlements paid in installments from periodic maintenance payments made for the support of a former spouse, or for children of the marriage, or both. The …
Unemployment Compensation—Spouse's Relocation Due To Employment Is A Compelling Person Reason Constituting Good Cause For Voluntary Termination—Ayers V. Department Of Employment Security, 85 Wn. 2d 550, 536 P.2d 610 (1975), Pamela A. Okano
Washington Law Review
This note will analyze the impact of Ayers upon the traditional dual administrative test of "no alternative" and "preservation of employment" used to determine whether, under the particular facts and circumstances, "compelling personal reasons"' meeting the statutory requirement of good cause for voluntary termination of employment exist. Although the Washington court did not discuss this test, the Ayers decision should not be construed as a rejection of its continued vitality. In addition, this note will analyze the factors which should be considered when applying the "no alternative" and "preservation of employment" standards to spouse relocation situations in the wake of …
Administrative Law—Shorelines Management—Judicial Review Of Shorelines Hearings Board Decisions—Department Of Ecology V. Ballard Elks Lodge No. 827, 84 Wn. 2d 551, 527 P.2d 1121 (1974), Glenna Spitzer Hall
Administrative Law—Shorelines Management—Judicial Review Of Shorelines Hearings Board Decisions—Department Of Ecology V. Ballard Elks Lodge No. 827, 84 Wn. 2d 551, 527 P.2d 1121 (1974), Glenna Spitzer Hall
Washington Law Review
Appellant, a fraternal lodge owning a parcel of real estate including tidelands on Shilshole Bay in Seattle, Washington, applied to the City for a substantial development permit pursuant to requirements of the Washington Shoreline Management Act (SMA). The initial application proposed an over-the-water lodge building, constructed entirely on filled tideland, exceeding the SMA's 35-foot height restriction. A second, modified application reduced the building's height, provided an easement for public access to the water's edge, and proposed construction of the lodge building over the water on pilings rather than on filled tidelands. The area selected for construction was one of relatively …
Property—Probate Law & Procedure—No More Probate? Wash. Rev. Code § 11.02.090 (1974), Tom Graafstra
Property—Probate Law & Procedure—No More Probate? Wash. Rev. Code § 11.02.090 (1974), Tom Graafstra
Washington Law Review
A new section of the Revised Code of Washington, effective October 1, 1974, has the potential for making probate the exception in Washington rather than the rule. The statute, R.C.W. § 11.02.090, characterizes as nontestamentary certain provisions in a variety of written instruments and enables property to pass at death without compliance with the statute of wills. It may extend the concept of probate-avoidance, best exemplified by the community property agreement, to a broader range of circumstances than under prior Washington case law. Although this section makes the Washington law on probate-avoiding instruments clearer and more consistent, as it was …
Labor Law—Arbitration And Award—Limits To Arbitral Authority And A Standard Of Review For Arbitral Awards Against Successor Employers—United Steelworkers V. United States Gypsum Co., 492 F.2d 714 (5th Cir.), Cert. Denied 419 U.S. 998 (1974), Eric Richter
Washington Law Review
In United Steelworkers v. United States Gypsum Co. the Court of Appeals for the Fifth Circuit reviewed an arbitral award against a successor employer. In so doing, the court applied the doctrine which traditionally has governed arbitration awards against parties who have contracted to arbitrate. This note will examine the arbitral process in Gypsum against the background of the successor's duty to arbitrate and the standards evolved to govern this arbitration process. It concludes that the special circumstances under which the successor employer faces arbitration require imposition of cognizable limits on the authority of the arbitrator, subject to the review …
Direct Election Of The President Without A Constitutional Amendment: A Call For State Action, Dale Read, Jr.
Direct Election Of The President Without A Constitutional Amendment: A Call For State Action, Dale Read, Jr.
Washington Law Review
This article will suggest that this focus on the constitutional amendment process for changing the electoral college has been misdirected. The states, without federal action, possess the capability of implementing the direct popular election of the President. This article will examine the background of electoral college reform and will propose a "National Vote Plan" to achieve direct popular presidential election independently of the constitutional amendment process.
Community And Separate Property Interests In Life Insurance Proceeds: A Fresh Look, James M. Higbee
Community And Separate Property Interests In Life Insurance Proceeds: A Fresh Look, James M. Higbee
Washington Law Review
This comment examines the difficult problem of characterizing the proceeds of a life insurance policy as separate or community property where the policy insures the life of a spouse and premiums have been paid with both separate and community funds. The problem commonly arises when a person takes out a life insurance policy while single, pays the first few premiums from separate funds, and then maintains the policy with community funds following marriage. Upon death of the insured spouse, the characterization of the proceeds as separate or community or partially both is significant for two reasons. Not only may such …
Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker
Criminal Procedure—Filing By Information: Determination Of Probable Cause Required Before Extended Restraint On Liberty—Gerstein V. Pugh, 420 U.S. 103 (1975), Cynthia B. Whitaker
Washington Law Review
Robert Pugh was arrested in Florida without a warrant and charged by prosecutor's information. Pugh and other incarcerated arrestees charged by information without a preliminary hearing brought a class action suit in federal district court challenging the constitutionality of the charging procedure. Plaintiffs maintained that the due process clause of the fourteenth amendment required that accused persons be accorded a determination of probable cause for detention soon after their arrest. They also argued that the prosecuting attorney was not sufficiently neutral or detached to make the necessary determination. The district court accepted the plaintiffs' arguments, and the Court of Appeals …
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Washington Law Review
The failure of the Bar to regulate effectively the ethical conduct of its members is not solely the failure of law school teaching methodology. A much more serious deficiency-and one far more difficult to resolve—concerns the way lawyers perceive and attempt to enforce professional responsibility. Instead of providing an analytical framework which the individual lawyer can employ in considering problems arising in practice, the legal profession has chosen a series of ambiguous and only tangentially related rules which are often contradictory or misleading. Because these situation-oriented rules do not clearly encompass even a majority of the myriad factors potentially relevant …
Brief Of Respondent Lummi Island Tribe In Opposition To Petition Of Washington Reefnet Owners Association For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit
Washington v. United States, Northwest Steelheaders Council of Trout Unlimited v. United States, Washington Reef Net Owners Association v. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976))
No abstract provided.
Brief Of Amici Curiae In Support Of Petitions For Writs Of Certiorari To The United States Court Of Appeals For The Ninth Circuit - Filed On Behalf Of Purse Seine Vessel Owners Association, Puget Sound Gill Netters Association, Washington State Commercial Passenger Fishing Vessel Association, Washington Kelpers Association, Northwest Fisheries Association And West Coast Trollers Association
Washington v. United States, Northwest Steelheaders Council of Trout Unlimited v. United States, Washington Reef Net Owners Association v. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976))
No abstract provided.
Brief For The United States In Opposition
Brief For The United States In Opposition
Washington v. United States, Northwest Steelheaders Council of Trout Unlimited v. United States, Washington Reef Net Owners Association v. United States, Docket Nos. 75-588, 75-592, 75-705 (423 U.S. 1086 (1976))
No abstract provided.
Respondents' Supplemental Brief On Rehearing
Respondents' Supplemental Brief On Rehearing
Washington State Commercial Passenger Fishing Vessel Ass'n v. Tollefson, Docket No. 43642 (87 Wash. 2d 417 (Aug. 12 1976))
No abstract provided.
Appellants' Supplemental Brief On Rehearing
Appellants' Supplemental Brief On Rehearing
Washington State Commercial Passenger Fishing Vessel Ass'n v. Tollefson, Docket No. 43642 (87 Wash. 2d 417 (Aug. 12 1976))
No abstract provided.
Brief Of Respondents
Washington State Commercial Passenger Fishing Vessel Ass'n v. Tollefson, Docket No. 43642 (87 Wash. 2d 417 (Aug. 12 1976))
No abstract provided.
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Articles
The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …
The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton
The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton
Articles
The first part is a survey of the basic sources available to a person researching a problem on nuclear power. Three forms are discussed—bibliographies, U.S. government documents, and current awareness materials. The second portion is a selection of significant books on nuclear power and the law published since 1960. The third and final portion is a subject arrangement of law review articles published between 1957 and 1975. Used in conjunction with Atomic Energy and the Law: A Bibliography and Blueprint for Atomic Energy Literature: Legislative and Legal, this survey and bibliography will give the researcher a lead to the …