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- 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)) (18)
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Articles 4501 - 4530 of 6131
Full-Text Articles in Law
Brief Of Appellants Department Of Game And The State Of Washington - 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.
Brief Of Appellants Dept. Of Fisheries And The State Of Washington - 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.
Brief For Amici Curiae - 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.
Washington Law Review Lecture Series—The Constitution And The Presidency, Abe Fortas
Washington Law Review Lecture Series—The Constitution And The Presidency, Abe Fortas
Washington Law Review
The Washington Law Review Lecture Series, initiated this year, is designed to bring outstanding speakers to the law school to discuss contemporary legal issues.
The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck
The Law Between Landlord And Tenant In Washington: Part Ii, William B. Stoebuck
Washington Law Review
Part I of this two-part series appears at 49 Wash. L. Rev. 291 (1974).
Labor Law—District Court Has Limited Injunctive Powers To Enforce Inter-Union "No-Raiding" Agreements—Local 1547, Ibew, Afl-Cio V. Teamsters Local 959, 356 F. Supp. 636 (D. Alaska 1973), Sharon S. Armstrong
Labor Law—District Court Has Limited Injunctive Powers To Enforce Inter-Union "No-Raiding" Agreements—Local 1547, Ibew, Afl-Cio V. Teamsters Local 959, 356 F. Supp. 636 (D. Alaska 1973), Sharon S. Armstrong
Washington Law Review
The Alaska District Court recently confronted this conflict in IBEW v. Teamsters. The IBEW was the certified collective bargaining agent of an employee unit, and had signed a no-raiding agreement with the Teamsters. In violation of the agreement, Teamsters representatives solicited authorization cards from employees already represented by the IBEW, and, upon obtaining the required number of cards, filed a petition for certification as bargaining agent with the Board. At the hearing before the Board to determine whether to conduct an election, the IBEW asserted the no-raiding agreement as a bar to the Teamster's petition. The Board ordered an election …
Criminal Procedure—Personal Search Of Suspect Incident To Custodial Arrest Is Per Se "Reasonable" And Requires No Additional Justification—United States V. Robinson, 414 U.S. 218 (1973); Gustafson V. Florida, 414 U.S. 260 (1973), David C. Anson
Washington Law Review
Defendant Robinson was stopped by a District of Columbia police officer for driving an automobile after revocation of his operator's permit and for obtaining a substitute permit by false representation. Robinson was placed in custody, advised of his rights and frisked by the arresting officer. During the frisk, the officer felt a bulge in Robinson's overcoat pocket; he reached into the pocket and removed a crumpled cigarette package containing small round objects. The officer opened the package and discovered gelatin capsules, later found to contain heroin. At trial for possession of heroin, the capsules were introduced into evidence over the …
Constitutional Law—Trial By Jury Guaranty Of Seventh Amendment: Local Court Rule May Establish Number Of Jurors At Six In Federal Civil Cases—Colgrove V. Battin, 413 U.S. 149 (1973), Mark S. Davidson
Washington Law Review
In the late 1960s, dockets in federal courts were becoming increasingly crowded, the backlog of criminal cases having more than doubled in the decade 1958-68. One suggestion for relieving pressure on the dockets was reduction of jury size in civil jury trials from 12 to some lesser number. In the absence of a constitutional amendment, however, the seventh amendment appeared to bar such a reduction in jury size. Nevertheless, within the span of a few years the Supreme Court was to announce a series of decisions which eliminated the constitutional significance of the number 12 and permitted the adoption of …
State Taxation—Use Of Taxing Power To Achieve Environmental Goals: Vermont Taxes Gains Realized From The Sale Or Exchange Of Land Held Less Than Six Years—Vt. Stat. Ann. Tit. 32, §§ 10001-10 (1973), Mary Miles Teachout
Washington Law Review
In 1973 Vermont became the first state to enact a tax applying specifically to gains realized from the sale of land. The tax, confined to gains on short-term land holdings and designed to control short-term land speculation, promises to become a new weapon in the growing arsenal of innovative land use measures designed to channel land transfer and development in environmentally and socially responsible directions. This note examines the new Vermont tax, assessing its advantages relative to more traditional land use measures. It analyzes a recent Vermont Supreme Court decision upholding the tax and concludes, as did the court, that …
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Evidence—Congressional Preemption Of The Federal Rules Of Evidence—Pub. L. No. 93-12, 87 Stat. 9 (Mar. 30, 1973), Lyle K. Wilson
Washington Law Review
This history is indicative of the conflict between the Court and Congress over the Court's authority to promulgate rules of evidence. Central to this controversy is the question of whether rules of evidence are substantive or procedural. This note is devoted to a discussion of that issue, ultimately arriving at the conclusion that most of the rules which were prescribed by the Court are procedural in nature and, therefore, within the Court's power to prescribe rules of practice and procedure under the enabling acts.
The Community Property Law In Washington, Harry M. Cross
The Community Property Law In Washington, Harry M. Cross
Washington Law Review
Washington's present community property regime, with the major exception of the 1972 amendments, has remained largely unchanged in its basic structure since enactment by the territorial legislature in 1879. The statutes, in two separate sections, provide that property and pecuniary rights owned by each spouse at the time of marriage, any property thereafter acquired lucratively, and the rents, issues and profits therefrom constitute separate property. All property acquired after marriage which is not separate property is community property. With the 1972 changes now in effect, each spouse has equal management power over the community property. Each spouse has a general …
The Feasibility Of Adjusting For Inflation In Computing Taxable Income, Dwight Drake
The Feasibility Of Adjusting For Inflation In Computing Taxable Income, Dwight Drake
Washington Law Review
This Comment discusses the effect inflation (and deflation) has upon the measurement of taxable income, concluding, in short, that the present standard of measuring income for income tax purposes would be much more equitable if, instead of focusing solely upon the number of dollars received, it accounted for changes in the value of the dollar (as measured by a price index or price indices) by considering the purchasing power of the dollars received. In times of high inflation and in more stable times as well, this new standard for measuring taxable income would have a profound impact on the relative …
State Taxation—Privately Held Leaseholds In Publicly Owned Land—Ch. 187, [1973] Wash. Laws 1st Ex. Sess., Scott Dunham
State Taxation—Privately Held Leaseholds In Publicly Owned Land—Ch. 187, [1973] Wash. Laws 1st Ex. Sess., Scott Dunham
Washington Law Review
In April 1973 the Washington State Legislature enacted the Leasehold Exemption Act, providing special tax treatment for certain leasehold interests in publicly owned, tax-exempt land. This measure was a response to the 1970 Washington Supreme Court decision which held that, in valuing these leasehold interests for ad valorem property tax purposes, the same standards of assessment were to be utilized as were used for valuing taxable property in general. The Legislature chose to apply the court's 1970 decision prospectively only. In so doing, it has placed serious strains on the assessment process. This note will discuss these administrative problems, as …
Environmental Law—The Requirement For An Impact Statement: A Suggested Framework For Analysis—Loveless V. Yantis, 82 Wn. 2d 754, 513 P.2d 1023 (1973); Eastlake Community Council V. Roanoke Associates, Inc., 82 Wn. 2d 475, 513 P.2d 36 (1973); Stempel V. Department Of Water Resources, 82 Wn. 2d 109, 508 P.2d 166 (1973); Juanita Bay Valley Community Association V. City Of Kirkland, 9 Wn. App. 59, 510 P.2d 1140 (1973), John D. Alkire
Washington Law Review
The EIS requirement is the most precise of SEPA's procedural commands. The EIS itself must be a formal, tangible document. Its contents should reflect intelligent, plenary environmental analysis on the part of responsible government officials. The EIS serves as both the showpiece of the developer and as a target for those opposing the project. It is, in final form, no less than an environmental transcript, providing a critical portion of the record for administrative decisionmaking and judicial review. Hence, because of its visibility and required specificity, and the importance of its role in decision-making, the EIS requirement has come to …
Impeachment: A Countercritique, Raoul Berger
Impeachment: A Countercritique, Raoul Berger
Washington Law Review
This article is written primarily in response to the issues raised by Professor Arthur Bestor's review in 49 Washington Law Review 255 (1973) of Professor Berger's book, Impeachment: The Constitutional Problems.
Criminal Procedure—Preaccusation Delay As Violation Of Due Process: Absence Of Statute Of Limitations Is Factor To Be Weighed Against Murder Defendant's Allegations Of Actual Prejudice—State V. Haga, 8 Wn. App .481, 507 P.2d 159 (1973), Review Denied 82 Wn. 2d 1006 (1973), Richard A. Hansen
Washington Law Review
On July 6, 1966, the wife and an infant daughter of Eric L. Haga were found strangled to death in the Haga home. Although Haga had slept in the house the night of the murders, no evidence linked him directly to the crime. There was, however, evidence that Haga and his wife had separated the previous summer, that Mrs. Haga had lived with another man during the separation, and that Haga had taken out a family life insurance policy shortly before the murders. The prosecuting attorney chose not to prosecute Haga; more than five years later, however, a newly elected …
The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck
The Law Between Landlord And Tenant In Washington: Part I, William B. Stoebuck
Washington Law Review
This article will be as utilitarian as a fence post. It is intended as a handbook for lawyers who need to know something about all or part of the law between landlord and tenant in Washington. The level of analysis will be didactic and exegetical, occasionally critical or hortatory, rarely jurisprudential.
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
The Dissolution Act Of 1973: From Status To Contract?, Luvern V. Rieke
Washington Law Review
No abstract provided.
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
The Washington Shoreline Management Act Of 1971, Geoffrey Crooks
Washington Law Review
With approval of the Shoreline Management Act of 1971 (SMA), Washington has joined the increasing ranks of states which are attempting to influence legislatively the course of development of their coastal resources. The Washington Act, unusually broad in scope, concerns not merely "coastal" areas but also shorelines of bodies of water of virtually every description, including lakes and streams so small or so obscure as to be nameless. This article, after briefly describing the circumstances of the SMA's enactment and the prior law, examines and evaluates (to the extent possible based on two years of operation) the resource management program …
Symposium: Recent Washington Legislation. Introduction, August P. Markesich, Leonard A. Sawyer
Symposium: Recent Washington Legislation. Introduction, August P. Markesich, Leonard A. Sawyer
Washington Law Review
No abstract provided.
The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott
The Environmental Coordination Procedures Act Of 1973, Or Ecpa! Ecpa! Rah, Rah, Rah!!, Charles E. Corker, Richard W. Elliott
Washington Law Review
The Washington Legislature in 1973 created procedures, optional with a project developer, for centralized, coordinated processing of the permit applications which state and local government now require for a developer's use of air, water and land. The Act is entitled the Environmental Coordination Procedures Act of 1973 (ECPA), which does not become operative until January 1, 1974. Since its procedures are optional with a project's developer, there is no absolute certainty at the date this article is released for publication that ECPA's coordination will ever be utilized.
The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean
The State Environmental Policy Act Of 1971 And Its 1973 Amendments, Charles B. Roe, Jr., Charles W. Lean
Washington Law Review
The intent of this article is to provide an overview of SEPA for the general practitioner. It will discuss generally the Act itself and the rapidly developing federal and state case law, and more specifically the 1973 amendments to SEPA. The article will then suggest both SEPA's shortcomings and possibilities for its improvement.
Crime Compensation, Richard Cosway
Crime Compensation, Richard Cosway
Washington Law Review
Washington has adopted a system of compensation for innocent victims of crimes, the eleventh state to do so. The principal characteristic which distinguishes the new Washington Act from other present and proposed programs is the connection between it and Industrial Insurance, more commonly known as Workmen's Compensation. This connection has at least three significant consequences: (1) Because the victim is equated with an on-the-job injured employee, the amount of an individual's award is geared to the amount an injured workman or dependents of a deceased workman would receive; (2) the administration of the new program is assigned to the Department …
The Partial Veto Power: Legislation By The Governor, Timothy P. Burke
The Partial Veto Power: Legislation By The Governor, Timothy P. Burke
Washington Law Review
The legislative process in Washington, as in almost all other states, is not exclusively a function of the Legislature, but rather it is a function which the Legislature shares with the Governor who is vested with the power to veto bills. Unlike the activity of the Legislature, the role played by the Governor is not highly visible and is not often the subject of attention. Yet, this relative obscurity is not indicative of the influence that the Governor exercises in the legislative process. Through his use of the partial veto power, authorized under Article III, Section 12, of the Washington …
Progress In Involuntary Commitment, Ross E. Campbell
Progress In Involuntary Commitment, Ross E. Campbell
Washington Law Review
Against this background of increased judicial scrutiny, the Washington State Legislature overhauled Washington's involuntary commitment procedures early in 1973. The new Act, which is clearly the most progressive state enactment to date, could serve as a paradigm for future state legislation. Its passage provides a timely opportunity for a detailed analysis of the recent judicial trends in the involuntary commitment area and an evaluation of the Washington Legislature's treatment of the various constitutional problems inherent in such commitment. After briefly outlining the provisions of the new Washington Act, this comment discusses the general limitations, both substantive and procedural, which due …
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
The Illegitimate Children And Parental Rights Act, Andrew C. Gauen
Washington Law Review
The Illegitimate Children and Parental Rights Act, signed into law March 20, 1973, has substantially altered procedures relating to adoption and custody in Washington. Both parents of an illegitimate child now have primary right to custody of the child. The putative father now is entitled to notice of those proceedings which may permanently terminate his parental rights, including a hearing to determine the necessity of his consent to his child's adoption. In addition, a putative father now stands on an equal footing with the child's natural mother when seeking custody of his child at a filiation proceeding.
Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud
Mechanics' Liens: The "Stop Notice" Comes To Washington, Richard Paroutaud
Washington Law Review
This note will discuss both the PLC's new remedy and the new priority given to mortgages for future advances. Both provisions will make present construction industry practices more equitable: Section 2 has given PLC's a new, productive and efficient remedy, designed to work with and improve the traditional real property lien, and Section 3 has repaired the damage done to lenders' mortgage priorities by a recent Washington case. Both Sections do create new problems of their own, however, which are also discussed.
Implementing Washington's Era: Problems With Wholesale Legislative Revision, Linda H. Dybwad
Implementing Washington's Era: Problems With Wholesale Legislative Revision, Linda H. Dybwad
Washington Law Review
This article will attempt to illustrate the legislative choices available in implementing the equal rights amendment by evaluating the many revisions contained in Chapter 154 in terms of equal rights principles and the policies underlying the criminal, family and employment provisions it amends.
Comparative Negligence, Joel E. Smith, Alan D. Campbell
Comparative Negligence, Joel E. Smith, Alan D. Campbell
Washington Law Review
This note will discuss briefly the policy considerations underlying a choice between comparative negligence and contributory negligence, and will attempt to predict the effects, both procedural and substantive, of the new Act on practice in Washington.
Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel
Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel
Articles
The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …