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Articles 4441 - 4470 of 6131

Full-Text Articles in Law

Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris Jun 1975

Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris

Washington Law Review

The purpose of this article is to set forth competing notions of equal educational opportunity, indicating which may be appropriate at the state and federal levels, and to review and comment on the inconclusive history of one case that involved the crucial question whether a state's racially conditioned law school admissions program is consistent with a state's constitutional duty to afford equal educational opportunity—DeFunis v. Odegaard.

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Judicial Enforcement Of Academic Tenure: An Examination, Alan A. Matheson Jun 1975

Judicial Enforcement Of Academic Tenure: An Examination, Alan A. Matheson

Washington Law Review

This article will examine the existing judicial authority on the legal status of academic tenure at the college level. The article begins with a discussion of acquisition of tenure and proceeds to analyze obstacles to its enforcement and grounds for dismissal from a tenured position, together with the procedural protections which must accompany dismissal.

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Regulating The Multistate Practice Of Law, Samuel J. Brakel, Wallace D. Loh Jun 1975

Regulating The Multistate Practice Of Law, Samuel J. Brakel, Wallace D. Loh

Washington Law Review

This article will present some conclusions on theoretical grounds about the existing rules and the public protection rationale. There will be some discussion about the application of these rules to various multistate practice situations. Finally, the article will suggest directions for future empirical research in this area.

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Administrative Law—Judicial Review—"Mental Process" Privilege Prevents Discovery Of Existence Of Agency Head's Statutorily-Required Personal Decision—National Nutritional Foods Association V. Food & Drug Administration, 491 F. 2d 1141 (2d Cir. 1974), Robert O'Callahan Jun 1975

Administrative Law—Judicial Review—"Mental Process" Privilege Prevents Discovery Of Existence Of Agency Head's Statutorily-Required Personal Decision—National Nutritional Foods Association V. Food & Drug Administration, 491 F. 2d 1141 (2d Cir. 1974), Robert O'Callahan

Washington Law Review

Within 13 days of being named Commissioner of the Food and Drug Administration (FDA), Commissioner Schmidt issued "14 final regulations, 13 proposed regulations and six notices stretching over many pages of the Federal Register. Schmidt was authorized to make the requisite final review of the National Nutritional Foods Association's objections prior to issuing final FDA regulations. The final regulations, which govern the public sale of dietary supplements, were preceded by a recital that the Commissioner had considered the evidence from public hearings, the hearing examiner's report and all the later exceptions and written arguments filed against the regulations. Petitioners argued …

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Education—Due Process For Washington Public School Students—Wash. Ad. Code Ch. 180-40 (1972), Philip Talmadge Jun 1975

Education—Due Process For Washington Public School Students—Wash. Ad. Code Ch. 180-40 (1972), Philip Talmadge

Washington Law Review

The extension of fourteenth amendment due process rights to students in the public schools is a relatively recent phenomenon in educational law. In contrast to the earlier emphasis upon student responsibilities, there is now an increasing recognition of student constitutional rights. In Washington, legislation and administrative rules promulgated by the State Board of Education have conferred the basic protections of constitutional due process upon pupils from kindergarten through high school. This note will discuss the effect of these enactments on the rights of students and on the educational environment in Washington. Following an examination of the Washington regulatory framework, three …

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Election Law—Initiative 276—The Constitutionality And Feasibility Of Political Campaign Expenditure Limitations In Washington—Bare V. Gorton, 84 Wn. 2d 380, 526 P.2d 379 (1974), Parry Grover Jun 1975

Election Law—Initiative 276—The Constitutionality And Feasibility Of Political Campaign Expenditure Limitations In Washington—Bare V. Gorton, 84 Wn. 2d 380, 526 P.2d 379 (1974), Parry Grover

Washington Law Review

Until it was declared unconstitutional by the Washington Supreme Court in Bare v. Gorton, Section 14 of Initiative 276 further regulated the political process by setting campaign expenditure limits for candidates and for organizations supporting or opposing candidates or ballot propositions." This note will focus upon the vagueness and first amendment problems raised by campaign expenditure limitations generally and the bases upon which these limitations may be constitutionally justified. The discussion will be directed primarily at Initiative 276 and the prospects for future expenditure limitation legislation in Washington; criteria for drafting a new expenditure limitation law will be suggested.

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Parental Rights And State Education, Joel S. Moskowitz Jun 1975

Parental Rights And State Education, Joel S. Moskowitz

Washington Law Review

Wisconsin v. Yoder has injected new vitality into a complaint that has been smouldering for decades, that the balance between state control and parental control over the education of children has tipped too far in favor of the state. The thesis of this article is that this control is being returned to parents, but with one crucial difference: While the older cases found parental prerogatives in the interstices of statutes or in their purposeful interpretation, the re-establishment of these same prerogatives is being manifested on a constitutional basis, in the face of clearly drawn statutes. The article will examine several …

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Constitutional Law—Establishment Clause: No Tuition Grants, No Tax Benefits For Parents Of Nonpublic School Children—Committee For Public Education & Religious Liberty V. Nyquist, 413 U.S. 756 (1973), E. Michele Moquin Jun 1975

Constitutional Law—Establishment Clause: No Tuition Grants, No Tax Benefits For Parents Of Nonpublic School Children—Committee For Public Education & Religious Liberty V. Nyquist, 413 U.S. 756 (1973), E. Michele Moquin

Washington Law Review

This note considers the Court's treatment of New York's tuition reimbursement (Section 2) and tax exemption (Sections 3 through 5) provisions. Since the tuition and tax provisions were expected to equalize the educational choice afforded to all parents and children of the state, regardless of financial capabilities, it is submitted that the Court's decision invalidating the provisions is an unwarranted application of the constitutional prohibition against an establishment of religion. To support this proposition, this note will trace the development in the establishment clause cases of the tripartite test of constitutionality, examine the concept of benevolent neutrality as an underlying …

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State Law—Uniform Alcoholism And Intoxication Treatment Act, Wash. Rev. Code Ch. 70.96a (1974)—Decriminalization Of Alcoholism—Alcoholism As A Defense To Criminal Liability, Fred A. Johnson Jun 1975

State Law—Uniform Alcoholism And Intoxication Treatment Act, Wash. Rev. Code Ch. 70.96a (1974)—Decriminalization Of Alcoholism—Alcoholism As A Defense To Criminal Liability, Fred A. Johnson

Washington Law Review

On January 1, 1975, the Washington State Uniform Alcoholism and Intoxication Treatment Act (the Act) became effective. It directs that treatment replace punishment as the appropriate mechanism for dealing with alcoholics and intoxicated persons. The Act repeals or amends all criminal law provisions relating to public drunkenness and mandates a comprehensive treatment program for persons with alcohol problems. This note examines the mechanics of the Washington Act and the legislative determination that alcoholism is a disease and that the drinking it induces is beyond the control of the alcoholic. Consideration is given to whether Washington law can consistently treat chronic …

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Water And Watercourses—Federal Jurisdiction—Federal Common Law Determines Ownership Of Re-Exposed Navigable River Beds—Bonelli Cattle Co. V. Arizona, 414 U.S. 313 (1973), Richard A. Hopp Jun 1975

Water And Watercourses—Federal Jurisdiction—Federal Common Law Determines Ownership Of Re-Exposed Navigable River Beds—Bonelli Cattle Co. V. Arizona, 414 U.S. 313 (1973), Richard A. Hopp

Washington Law Review

Plaintiff Bonelli Cattle Company (Bonelli) brought a quiet title action against the State of Arizona to determine ownership of newly reemerged land purchased by Bonelli in 1955 from a federal grantee, the Santa Fe Railroad. When the Santa Fe obtained the parcel in 1910, it comprised 280 acres of dry land. In that year the Colorado River, a navigable stream, formed the boundary between Arizona and Nevada and flowed more than one-quarter mile to the west. However, the Colorado moved slowly eastward so that in 1955 it covered all but 60 acres of the parcel. The submerged portion was re-exposed …

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Comment On The Coal Lease Forfeiture Decision: The Hypothetical Case Of United States V. Peabody Coal Co., William H. Rodgers, Jr. Apr 1975

Comment On The Coal Lease Forfeiture Decision: The Hypothetical Case Of United States V. Peabody Coal Co., William H. Rodgers, Jr.

Articles

This Comment will (1) summarize the antitrust litigation that put Peabody in jeopardy of losing its leases under section 27 of the Mineral Lands Leasing Act of 1920, and (2) criticize the decision of the Justice Department to forego a test case, thus drastically narrowing by administrative fiat the coal lease forfeiture provisions of the Mineral Lands Leasing Act.

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Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth Feb 1975

Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth

Washington Law Review

This article is an attempt to deal with the "larger whole" of community property divisions. It concludes with a proposal that, inasmuch as marriages in community property states are similar to partnerships, the dissolution of marriages should be treated for tax purposes in a manner similar to the dissolution of partnerships.

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The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price Feb 1975

The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price

Washington Law Review

This article reports the results of an empirical study of the distribution, disposition and taxation of wealth at death in a community property state—Washington. The study was undertaken in order to extend the existing data base regarding the transmission of property at death to two new areas: (1) the community property states; and (2) transfers by way of probate avoidance devices. The existing data base is derived primarily from three relatively recent studies of the transmission of wealth at death through the estate administration process in common law property states. They provided answers to a host of very important and …

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The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham Feb 1975

The Hospital-Physician Relationship: Hospital Responsibiity For Malpractice Of Physicians, Joel D. Cunningham

Washington Law Review

Since 1957 the courts in most states have moved rapidly toward imposing vicarious liability on a hospital for the torts of employee-physicians. In 1965 the Illinois Supreme Court held that a hospital could be liable for the malpractice of a nonemployee-physician. This comment attempts to describe these trends, to delineate the new rules the courts are applying and to determine the rationale for adopting these new rules. The comment assumes the patient has established that the physician committed malpractice; the only issue addressed is whether the patient can recover from the hospital for his or her injuries. The scope is …

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Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis Feb 1975

Constitutional Law—Zoning For Single-"Family" Dwellings Is Not Denial Of Equal Protection To Unrelated Persons—Village Of Belle Terre V. Boraas, 416 U.S. 1 (1974), Albert G. Marquis

Washington Law Review

Six unrelated persons resided in a single dwelling in Belle Terre, New York, in violation of the Village's zoning ordinance. The village is zoned exclusively for one-family dwellings; "family" is defined by the ordinance as: One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit [or] a number of persons but not exceeding two (2) living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall be deemed to constitute a family. The lessors of the residence were served with notice that failure of …

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State Constitution—Debt Limitations—Municipality's Issuance Of Revenue Bonds To Finance Private Pollution Control Facilities Violates State Constitution—Port Of Longview V. Taxpayers Of Port Of Longview, 84 Wn. 2d 475, 527 P.2d 263 (1974), Leslie A. Powers Feb 1975

State Constitution—Debt Limitations—Municipality's Issuance Of Revenue Bonds To Finance Private Pollution Control Facilities Violates State Constitution—Port Of Longview V. Taxpayers Of Port Of Longview, 84 Wn. 2d 475, 527 P.2d 263 (1974), Leslie A. Powers

Washington Law Review

This note will initially describe the federal scheme encouraging the issuance of tax-free municipal bonds, state constitutional prohibitions against the lending of public monies or credit generally, and particular Washington constitutional provisions and their treatment by the Washington court prior to Port of Longview. Second, the note will analyze the court's reasoning in Port of Longview with respect to revenue bond financing and the constitutional lending of credit provisions. Third, the note will identify and discuss the policy considerations at issue in the case. Fourth, the note will consider the scope of the holding in Port of Longview and examine …

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Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young Feb 1975

Community Property—Deferred Compensation: Disposition Of Military Retired Pay Upon Dissolution Of Marriage—Payne V. Payne, 82 Wn. 2d 573, 512 P.2d 736 (1973), D. Michael Young

Washington Law Review

Petitioner-wife and respondent-husband were married a year after he entered the military service, and divorced in Washington a year before he became eligible to retire. In a property distribution provision of its divorce decree, the trial court awarded the wife $65 per month of the $360 per month military retired pay which the husband expected to receive incident to his prospective retirement from the United States Air Force. The court of appeals, reversing, held that such an interest could not be distributed as property under a divorce decree. The Washington Supreme Court, however, reinstated the decree of the trial court, …

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Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein Feb 1975

Administrative Searches And Seizures: What Happened To Camara And See?, Mark A. Rothstein, Laura F. Rothstein

Washington Law Review

In recent years the Government's efforts in promoting health, safety and welfare have necessitated an increased number of administrative inspections of commercial and noncommercial premises. Although such inspections were previously held to be excluded from the fourth amendment's ban on unreasonable searches and seizures, the Supreme Court held in Camara v. Municipal Court and See v. Seattle that administrative inspections must comply with the warrant provision of the fourth amendment. Since those decisions, the Court has emphasized the exceptions to, rather than the strictures of, the warrant requirement. This article analyzes developments in the law concerning administrative searches and seizures …

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Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever Feb 1975

Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever

Washington Law Review

Regulations of the Cleveland, Ohio, Board of Education required that every pregnant teacher take a maternity leave at the end of her fourth month of pregnancy. The teacher was eligible for re-employment at the beginning of the school semester immediately after her child attained three months of age, providing she first submitted a doctor's certificate attesting to her health. The school board of Chesterfield County, Virginia, enacted a similar mandatory leave rule. However, Chesterfield County's re-employment rule did not condition the teacher's eligibility for re-employment on the age of her child; it provided that she was eligible for re-employment after …

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Appellants' Reply Brief - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976)) Jan 1975

Appellants' Reply Brief - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

Sohappy v. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

No abstract provided.

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Appellant State Of Washington Reply Brief - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976)) Jan 1975

Appellant State Of Washington Reply Brief - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

Sohappy v. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

No abstract provided.

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Appellants' Reply Brief - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975)) Jan 1975

Appellants' Reply Brief - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

United States v. Washington, Docket Nos. 74-2414, 74-2437 to 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

No abstract provided.

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Reply Brief Of Intervenor-Appellant Northwest Steelheaders Council Of Trout Unlimited - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975)) Jan 1975

Reply Brief Of Intervenor-Appellant Northwest Steelheaders Council Of Trout Unlimited - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

United States v. Washington, Docket Nos. 74-2414, 74-2437 to 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

No abstract provided.

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Brief Of Cross-Appellants Northwest Steelheaders Council Of Trout Unlimited And Gary Ellis - Department Of Game V. Puyallup Tribe, Inc., Docket No. 43736 (86 Wash 2d. 664 (April 8, 1976)) Jan 1975

Brief Of Cross-Appellants Northwest Steelheaders Council Of Trout Unlimited And Gary Ellis - Department Of Game V. Puyallup Tribe, Inc., Docket No. 43736 (86 Wash 2d. 664 (April 8, 1976))

Department of Game v. Puyallup Tribe, Inc., Docket No. 43736 (86 Wash. 2d. 664 (April 8, 1976))

No abstract provided.

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Brief Of Respondent Department Of Game Of The State Of Washington - Department Of Game V. Puyallup Tribe, Inc., Docket No. 43736 (86 Wash 2d. 664 (April 8, 1976)) Jan 1975

Brief Of Respondent Department Of Game Of The State Of Washington - Department Of Game V. Puyallup Tribe, Inc., Docket No. 43736 (86 Wash 2d. 664 (April 8, 1976))

Department of Game v. Puyallup Tribe, Inc., Docket No. 43736 (86 Wash. 2d. 664 (April 8, 1976))

No abstract provided.

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The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey Jan 1975

The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey

Articles

The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …

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Brief Of Intervenor-Appellee The Confederated Tribes Of The Warm Springs Reservation Of Oregon - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976)) Dec 1974

Brief Of Intervenor-Appellee The Confederated Tribes Of The Warm Springs Reservation Of Oregon - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

Sohappy v. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

No abstract provided.

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Brief Of Appellee State Of Oregon - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976)) Dec 1974

Brief Of Appellee State Of Oregon - Sohappy V. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

Sohappy v. Smith, Nos. 74-2409, 74-2376, 74-2617 (529 F.2d 570 (9th Cir. 1976))

No abstract provided.

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Separate Reply Brief Of Quinault Tribe - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975)) Dec 1974

Separate Reply Brief Of Quinault Tribe - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

United States v. Washington, Docket Nos. 74-2414, 74-2437 to 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

No abstract provided.

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Reply Brief Of Defendant-Intervenor, Washington Reef Net Owners Association - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975)) Dec 1974

Reply Brief Of Defendant-Intervenor, Washington Reef Net Owners Association - United States V. Washington, Docket Nos. 74-2414, 74-2437 To 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

United States v. Washington, Docket Nos. 74-2414, 74-2437 to 74-2440, 74-2567, 74-2602, 74-2705 (520 F.2d 676 (9th Cir. 1975))

No abstract provided.

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