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Articles 4561 - 4590 of 6130
Full-Text Articles in Law
Constitutional Law—Creditor-Debtor Law: Procedural Due Process And Washington's Prejudgment Seizure Procedures—Fuentes V. Shevin, 407 U.S. 67 (1972), P. A. G.
Washington Law Review
A recent United States Supreme Court decision, Fuentes v. Shevin, and two recent Washington Court of Appeals decisions, Lucas v. Stapp and Seattle Credit Bureau v. Hibbitt, held that except in extraordinary situations the due process clause of the fourteenth amendment to the United States Constitution requires notice and an opportunity to be heard before any significant property interest can be seized by actions involving government officials. Under these cases, Washington's attachment, garnishment, and replevin statutes appear to be unconstitutional insofar as they provide for prejudgment seizure of a defendant's property without prior notice and an opportunity to be heard. …
Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton
Reply Brief, National Association For The Advancement Of Colored People V. New York, 409 U.S. 978 (1972) (No. 72-129), 1973 Wl 171685, Jack Greenberg, James M. Nabrit Iii, Eric Schnapper, Nathaniel R. Jones, Wiley Branton
Court Briefs
No abstract provided.
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
Laird V. Nelms: A Call For Review And Revision Of The Federal Tort Claims Act, Cornelius J. Peck
Washington Law Review
Despite the Federal Tort Claims Act's explicit purpose to make state law determinative of recovery for governmental wrongs, the United States Supreme Court in Laird v. Nelms held that liability under the Act may not be predicated on a state statute imposing absolute or strict liability. Professor Peck challenges the Court's rationale in reaching this decision, concluding that Laird v. Nelms makes legislative revision of the Federal Tort Claims Act imperative. To guarantee that the Act will not insulate the government from strict liability for its ultrahazardous activities, Professor Peck proposes several basic changes to the Federal Tort Claims Act, …
State Regulation Of Franchising: The Washington Experience, Donald S. Chisum
State Regulation Of Franchising: The Washington Experience, Donald S. Chisum
Washington Law Review
The successful use of franchising as an adjunct to more traditional marketing techniques by business firms seeking nationwide distribution for their products, services, and ideas has stimulated many franchisor abuses. Professor Chisum comprehensively discusses a variety of remedies available to the franchisee seeking relief from franchisor abuses, including remedies provided by the common law, federal and state securities laws, and the federal antitrust laws. The article assesses the relative success and failure of these general remedies in rectifying the specific problems of franchisor abuses. The author then critically examines the Washington Franchise Investment Protection Act which was enacted in 1971 …
Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.
Pretrial Disclosure Of Federal Grand Jury Testimony, William J. Knudsen, Jr.
Washington Law Review
The scope of this study is limited to what is probably the most criticized aspect of the traditional grand jury system, the restrictions on disclosure of grand jury proceedings, especially the criminal defendant's lack of access to a transcript of the testimony given before the grand jury which indicted him. Examining the history of the grand jury as it relates to the tradition of secrecy, this study discusses the philosophies underlying the practice and analyzes the impact of the Federal Rules of Criminal Procedure, federal statutes, and certain Supreme Court decisions on this tradition. This study concludes that there is …
Judicial Review Of Treasury Regulations For Taxpaying And Nontaxpaying Citizens, Paul E. Sullivan, Jr.
Judicial Review Of Treasury Regulations For Taxpaying And Nontaxpaying Citizens, Paul E. Sullivan, Jr.
Washington Law Review
This paper explores the possibility of subjecting such an administrative ruling to judicial review initiated either by a taxpayer not benefited by the regulation or by a nontaxpayer. For either party to prevail he must prove that he has standing, that judicial review is available, and that there is a remedy which he can obtain by judicial review
Usury—Installment Sales Contracts: Limitation Of The Scope Of The Time Price Doctrine—National Bank Of Commerce Of Seattle V. Thomsen, 80 Wn.2d 406, 495 P.2d 332 (1972), P. A. H.
Washington Law Review
In 1965 Greg Thomsen entered into an agreement with Carter Motors for the purchase of an automobile. In addition to signing a purchase order, Thomsen executed a conditional sales contract which provided that payments were to be made to the National Bank of Commerce (NBC) and showed a time price differential of $242.15, the equivalent of a 14.61 percent annual finance charge. A Carter Motors salesman had requested that Thomsen finance the purchase through NBC, which had supplied the contract form and other documents used in the transaction. Carter Motors immediately assigned the contract to NBC pursuant to a financing …
Income Tax—Section 482 Of The Internal Revenue Act: Commissioner's Authority To Allocate Income Is Limited By Taxpayer Legal Disability—Commissioner Of Internal Revenue V. First Security Bank Of Utah, N.A., 405 U.S. 394 (1972), J. P. H.
Washington Law Review
First Security Bank, a wholly owned subsidiary of Holding Company, referred its borrowers to Security Life, a sister subsidiary, for the purpose of obtaining credit insurance. Security Life paid no commissions to First Security, but it did pay substantial dividends to Holding Company. By funneling all of the premium income through Security Life, which qualifed for preferential treatment as a life insurance company, Holding Company enjoyed a substantial tax advantage. The Commissioner of Internal Revenue, acting pursuant to section 482 of the Internal Revenue Code,4 sent notice of deficiencies to First Security based on an allocation to that subsidiary of …
Constitutional Law—Recall Of Public Officers: Discretionary Acts Cannot Be A Sufficient Basis For Recall—State Ex Rel. Citizens Against Mandatory Bussing V. Brooks, 80 Wn. 2d 121, 492 P.2d 536 (1972), G. V. T.
Washington Law Review
Citizens Against Mandatory Bussing, a corporation composed of voters in Seattle School District No. 1, sought to recall all seven members of the Seattle School Board. As the first step in the recall process, charges against each of the directors were filed with the King County Department of Records and Elections. When the election officials refused to prepare a ballot synopsis, the corporation commenced an action for a writ of mandamus in superior court. That court denied the writ on the ground that none of the charges was legally sufficient to support recall. On appeal, the Washington Supreme Court reversed …
The Abortion Bias, Jennifer James
The Abortion Bias, Jennifer James
Washington Law Review
A book review essay considering Abortion: Law, Choice and Morality, by Daniel Callahan (1970).
Rationality And Drugs, P. G. Sherburne
Rationality And Drugs, P. G. Sherburne
Washington Law Review
A book review essay considering Drugs and the Public, by Norman E. Zinberg and John A. Robertson (1972).
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Symposium—The Revised Washington Criminal Code, Perry B. Woodall
Washington Law Review
No abstract provided.
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Overcriminalization And Washington's Revised Criminal Code, Arval A. Morris
Washington Law Review
The Proposed Code is comprehensive, and when one adds the criminal provisions in other chapters of the Revised Code of Washington that will not be affected by the Proposed Code, it becomes obvious that Washington's criminal law does not suffer from the defect of failing to embrace and protect vital human concerns. These vital concerns are not denuded of the protection of the criminal law. To the contrary, the comprehensiveness of the Code raises opposite sorts of questions. Thus, the chief purpose of this article is to render a service of constructive criticism. It will focus on several areas of …
The Death Penalty Cases: A Preliminary Comment, John M. Junker
The Death Penalty Cases: A Preliminary Comment, John M. Junker
Washington Law Review
The next to last step down the long road to total abolition of capital punishment consists of a period during which the death penalty is retained as an official symbol but repealed in practice. When the proposed Revised Washington Criminal Code was published in 1970, this schizophrenic phase was already well under way, dating from at least 1967, the year of the last execution in this country. The political message suggested by this state of affairs is that while the death penalty ought to be retained in the crime-prevention arsenal, it should be used only rarely. In attempting to legitimize …
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah
Washington Law Review
Those who work with Washington's criminal law generally concede that it is in need of substantial overhaul. Consequently, members of the bench, law enforcement agencies, the state legislature, the public, prosecutors and defense attorneys undertook to draft a new criminal code for Washington. Input came from varied sources—from law enforcement personnel to a former inmate of the Washington prison system. The Proposed Code reflects the input of each contributor; it cannot be labelled the Code of any single group. This article attempts to analyze those sections of the Proposed Code that are important from a defense attorney's standpoint. No attempt …
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
A Prosecutor's View Of The Revised Washington Criminal Code, Robert E. Schillberg
Washington Law Review
Basically, I am dissatisfied with the Proposed Code for three reasons: (1) the Code is incomplete; (2) the Code has in many cases imposed an unrealistic burden of proof on the state which will be impractical or impossible to sustain; and (3) the Code has too narrowly defined and too leniently graded many offenses.
The Draftman's View Of The Revised Code, Richard H. Holmquist
The Draftman's View Of The Revised Code, Richard H. Holmquist
Washington Law Review
In this article, the author seeks to review the Code with the advantage of hindsight afforded by the passage of time since the completion of his activities as Reporter for the Judiciary Committee. Beyond this general review of the Code, the author will offer general observations concerning the process of code revision and the philosophy of the Code. Finally, the author will consider, in the context of the students' Notes appearing in this issue of the Washington Law Review, the effect adoption of the Code will have on criminal law in Washington.
A Hornbook To The Code, Anon
A Hornbook To The Code, Anon
Washington Law Review
This comment is designed to acquaint the reader with the major sections of the Revised Washington Criminal Code. In addition to analyzing the language and operative effect of each section, the student authors have compared each section with its counterpart under the present law and with the different positions taken by other modern revised criminal codes. This comment is intended to supplement, not replace, the official comments to the Code; therefore, the student authors have concentrated on raising a number of issues not dealt with in the official comments.
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
The Revised Washington Criminal Code's Vital Structure: The Burden Of Proof, Felony Murder, And Justification Provisions, Richard Cosway
Washington Law Review
I have chosen to discuss three areas of the Proposed Code: the proof requirement (with primary emphasis upon the affirmative defenses), justification, and felony murder. These sections are vital underpinnings of the Proposed Code. The Code makes substantial changes in each of these provisions, all of which deserve and demand critical review.
A General Theory Of Eminent Domain, William B. Stoebuck
A General Theory Of Eminent Domain, William B. Stoebuck
Washington Law Review
In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Measuring Damages In Survival Actions For Tortious Death, Michael M. Martin
Washington Law Review
Warner arose out of the death of a twenty-one year old college student. Alleging that the death was caused by improper diagnosis and care and by administration of unsafe drugs, her parents, individually, and her father, as administrator of her estate, brought suit for damages against the doctor, hospital, and pharmaceutical company on the grounds of negligence and breach of warranty. The parents' individual claims were dismissed because the parents were not dependents of the decedent, but the estate's claim was entertained. One of the items of damage claimed by the estate was "disability in consequence of a medical condition" …
Federal Common Law Remedies Under The Occupational Safety And Health Act Of 1970, Robert G. Mullendore
Federal Common Law Remedies Under The Occupational Safety And Health Act Of 1970, Robert G. Mullendore
Washington Law Review
The purpose of this comment is to determine the extent to which section 5 is enforceable by private suit in federal court. Of particular concern is whether compensatory damages are available as a matter of federal law to persons injured as a result of violations of the section. The conclusion reached is that compensatory relief for violations of subsection 5(a) is available under federal common law when recovery is inadequate or unavailable under local law and the plaintiff's injuries exceed $10,000 in value. In this way, the 1970 Act provides a needed supplement to state workmen's compensation systems.
Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom
Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom
Washington Law Review
Society punishes criminal conduct by incarceration and moral condemnation. Prior to imposing sanctions for the commission of criminal acts, the accused must be proven guilty beyond a reasonable doubt in accordance with adequate procedural safeguards. Yet each year thousands of unconvicted arrestees are subjected to the same stigma which society imposes on those who are convicted because the records of all arrestees, whether convicted or not, are retained and disseminated by law enforcement agencies. This comment will first present the arrest record debate. The traditional justifications for the present system will be compared with those underlying the new approach to …
Administrative Law—Scope Of Review: Review Court May Not Examine The Wisdom Of Local School Board Decision, But May Determine Whether Fundamental Rights Have Been Violated—Citizens Against Mandatory Bussing V. Palmason, 80 Wn.2d 445, 495 P.2d 657 (1972), Anon
Washington Law Review
Defendant, the Seattle School Board, attempted to implement a plan to desegregate the Seattle school system. The plan included the restructuring of school grade classifications in accordance with a "middle school" concept,' and mandatory reassignment of approximately 850 black and white sixth, seventh and eighth grade children from their "neighborhood schools"' to schools in other areas of the city. Mandatory bussing was not required, but bus transportation was to be available for those students who desired it. Plaintiffs, Citizens Against Mandatory Bussing (CAMB), obtained an injunction restraining implementation of the plan for one year. The basis for the injunction was …
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Assignments And Transfers Affecting Federal Diversity Jurisdiction, Barry E. Wolf
Washington Law Review
This comment examines the application of section 1359 to assignments and transfers which affect federal diversity jurisdiction. Throughout the following discussion, the focus is directed toward the determination of more uniform standards for the interpretation of the statute. The purpose of section 1359, from which general guidelines may be drawn, is examined in part I. Part II includes a survey of cases which have dealt with assignments and transfers to invoke or defeat federal diversity jurisdiction. Certain factors the courts have relied on, and certain rules they have developed, in attempting to answer the questions posed above will be explained, …
Workmen's Compensation—Washington's Recent Amendments: Universal Mandatory Coverage, Liberalized Benefits, And A Controversial Two-Way Plan—Ch. 289, Washington Laws Of 1971; Ch. 43, Washington Laws Of 1972, Anon
Washington Law Review
In the closing hours of the 1971 First Extraordinary Session, the Washington Legislature enacted legislation substantially amending Washington's Workmen's Compensation Act. The major provisions of the amendments provide for extension of mandatory coverage to virtually all workers, substantial increases in benefits in most areas of compensation, and an option allowing employers to self-insure under limited and highly restricted conditions. The Act was further amended by the 1972 legislature. The liberalization of coverage and benefits generally met with the approval of both industry and labor, but industry was disappointed with the failure of the legislature to adopt the "three-way plan" proposed …
Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon
Washington Law Review
The Wandermere Corporation owned one mile of frontage along an open-access highway. The state planned to build a drainage facility along the highway, wholly on state-owned property. Wandermere claimed that the proposed facility, an open ditch, would lower the underground water table on its land and interfere with access rights to its property. Wandermere further alleged that the Washington constitution prohibited such state interference with property rights until there was both a judicial determination that the project would be for a public use and until damages to the property had been ascertained and paid in the manner provided by law. …
Landlord-Tenant—Exculpatory Clauses: Exculpation Contrary To Public Policy When It Totally Relieves A Landlord From The Duty To Maintain Common Areas—Mccutcheon V. United Homes Corp., 79 Wn.2d 443, 486 P.2d 1093 (1971, Anon
Washington Law Review
In separate accidents, plaintiffs were injured when they fell due to the defective conditions of the stairways outside their apartments. Both plaintiffs had signed a form lease with the defendant landlord which contained a broadly worded exculpatory clause. The trial court granted the defendant's request for summary judgment on the ground that the exculpatory clause precluded plaintiffs' suit, and the Washington Court of Appeals affirmed. The Washington Supreme Court reversed and remanded the case for trial. Held: An exculpatory clause in a lease of residential housing within a multi-unit apartment complex which totally relieves a landlord from his affirmative duty …
Inter Vivos Trusts—The Washington Testamentary Anti-Lapse Statute Applied To An Inter Vivos Trust. In Re Estate Of Button, 79 Wn.2d 849, 490 P.2d 731 (1971), Anon
Washington Law Review
Robert H. Button died in 1966, leaving two inter vivos trusts. A revocable trust executed in 1940 gave to Button a life estate with the remainder to his mother, Audrey A. Burg. There was no provision in the trust for disposition of the corpus in the event that Button's mother predeceased him. A second trust instrument, executed in 1964, was sent to Button's attorney with somewhat ambiguous instructions with regard to the revocation of the 1940 trust. To resolve the confusion created when Mrs. Burg predeceased Button by thirteen days, the trustee brought an action to determine its obligation under …
Community Property Law, Harry M. Cross
Community Property Law, Harry M. Cross
Washington Law Review
A book review essay considering Principles of Community Property, 2d ed., by William Q. deFuniak and Michael J. Vaughn (1971).