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Articles 4591 - 4620 of 6130
Full-Text Articles in Law
Discovery In Washington, Philip A. Trautman
Discovery In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to review the developments in Washington under the discovery rules and to point up particularly some of the more common problem areas. This is appropriate not only because of the passage of time and accumulation of experience under the rules, but also because of the recent adoption of new federal discovery rules on July 1, 1970. The new federal rules are intended to remedy defects and clarify ambiguities existing under the 1938 federal discovery rules, the ones now basically controlling in Washington. One may anticipate growing discussion and eventual promulgation of part or all …
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
International Commercial Arbitratikon Under The United Nations Convention And The Amended Federal Arbitration Statute, Donald P. Swisher
Washington Law Review
With little fanfare the United States in 1970 revolutionized its treatment of private international arbitration by acceding to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and by amending the federal arbitration statutes to give extremely broad effect to the arbitral remedy in most international transactions. As a result, a party with an agreement to arbitrate an international commercial dispute to which the new enactments apply can look to the federal courts and federal law for enforcement of the agreement to arbitrate and for recognition of the award of the arbitrators, regardless of whether the …
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Statutory Control Of Campus Disorders In Washington: Effect Of R.C.W. §§ 28b.10.570-.573 (1970), Anon
Washington Law Review
In 1970, the Washington Legislature enacted a campus disorder statute which makes it unlawful for any person to "intimidate by any threat of force or violence," or "interfere by force or violence" with any university, college, community college, or public school administrator, teacher or student who is peacefully discharging his duties. A conviction of the crime carries a maximum penalty of six months imprisonment and a fine of five hundred dollars. This note examines the scope of the new statute, its constitutionality and its potential for furthering the purposes of the criminal law. It is submitted that while the Washington …
Criminal Procedure—Right To Counsel In Investigative Grand Jury Proceedings: Washington Criminal Investigatory Act Of 1971—R.C.W. §§ 10.27.120-.140 (1971), Anon
Washington Law Review
The Criminal Investigatory Act's provision for counsel appears justified when one considers the witness' delicate position and recent extensions of the right to counsel at other stages of the criminal process. Washington's statute, however, is a significant departure from grand jury protections provided in other jurisdictions because it provides for the presence of counsel as a matter of right. This note examines the policy basis for Washington's statute and the effect this additional protection for the witness may have on the investigative efficiency of the grand jury.
Contracts—Statue Of Frauds: Part Performance As A Basis For Money Damages—Miller V. Mccamish, 78 Wn.2d 821, 479 P.2d 919 (1971), Anon
Washington Law Review
Plaintiff entered into an oral agreement to work defendant's farm for three years with an option to buy at the end of the term. The agreement specified that plaintiff would receive an annual salary, one-half of which would be retained and applied to the purchase price should plaintiff choose to buy the farm. On election to buy, plaintiff was to receive, as a credit towards the purchase price, one-third of the farm's increased value over $40,000. In addition, the agreement provided for a board of appraisers to settle potential disputes about the farm's value. Plaintiff took possession, made valuable improvements, …
Original Jurisidiction—Interstate Water Pollution: Alternatives To The Original Jurisdiction Of The United States Supreme Court—Ohio V. Wyandotte Chemicals Corp., 401 U.S. 493 (1971), Anon
Washington Law Review
Ohio, alleging that foreign corporations were polluting Lake Erie's waters by discharging mercury into tributaries of Lake Erie, sought to invoke the original jurisdiction of the United States Supreme Court by moving for leave to file a bill of complaint. Ohio desired a decree declaring the alleged pollution a public nuisance, granting injunctive relief, ordering removal of the mercury, and requiring payment of damages. The Court denied the motion for leave to file the bill of complaint. Ohio v. Wyandotte Chemicals Corp., 401 U.S. 493 (1971).
Insurance—Disability Insurer's Refusal To Pay Gives Rise To Action In Tort—Fletcher V. Western National Life Insurance Co., 10 Cal. App. 3d 376, 89 Cal. Rptr. 78 (1970), Anon
Washington Law Review
Plaintiff suffered a totally disabling back injury in an industrial accident. His insurance policy with the defendant company provided for benefits of $150 per month for thirty years for total disability due to injury. But if the disability were due to sickness, the benefits were to continue for only two years. The defendant had received extensive medical information confirming the accidental cause of the disablement. To avoid full payment, however, it attempted to pay under the limited two-year sickness provision, then stopped payments altogether, fabricated a story about a previously existing condition and demanded return of the payments it had …
Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon
Washington Law Review
Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …
Recent Tax Legislation—The Excise, Estate And Gift Tax Adjustment Act Of 1970, John R. Price
Recent Tax Legislation—The Excise, Estate And Gift Tax Adjustment Act Of 1970, John R. Price
Washington Law Review
The Excise, Estate and Gift Tax Adjustment Act of 1970 will result in a temporary increase in the revenue derived from estate and gift taxes, a potentially longer-term increase in excise tax revenues and a permanent decrease in the revenue generated by the minimum tax on items of tax preference income and by the aircraft use tax. More important, it will have an enduring effect on estate, gift and income tax planning and procedures. The origins and principal provisions of the Act will be discussed in the first few pages of this article, after which the provisions relating to the …
Bankruptcy—Financial Responsibility Laws—Effect Of Discharge Of Automobile Judgment Upon Driver's License Suspensions—Perez V. Campbell, 402 U.S. 637 (1971), Anon
Washington Law Review
Adolfo Perez, driving a car registered in his name, was involved in an automobile collision in Arizona. Mr. Perez was not carrying automobile liability insurance at the time of the accident. The minor who was driving the second car and her parents sued Mr. and Mrs. Perez in an Arizona state court for personal injuries and property damage. Judgment was entered against them. Mr. and Mrs. Perez filed petitions in bankruptcy and were discharged from all their provable debts, including the judgment arising from Mr. Perez's driving mishap. During the pendency of the bankruptcy proceedings, their driver's licenses and automobile …
Federal Jurisdiction—Civil Rights: A Federal Remedy Against Private Class Discrimination Under 42 U.S.C. § 1985(3) (1970)—Griffin V. Breckenridge, 403 U.S. 88 (1971), Anon
Washington Law Review
Plaintiffs, black citizens of Mississippi, sued in federal court under 42 U.S.C. § 1985(3) alleging that defendants, white citizens of Mississippi, had conspired to deprive them of the equal protection of the laws and equal privileges and immunities under the law. Plaintiffs' claim arose out of an incident during which defendants, under the mistaken belief that a person in the company of plaintiffs was a civil rights worker, stopped plaintiffs' car on a public highway, forced them from the car and physically assaulted them. The district court dismissed the suit on the ground that section 1985(3) reached only conspiracies under …
Citizenship For Eighteen Year Olds—Age Of Majority In Washington—Ch. 292, Washington Laws Of 1971, Anon
Citizenship For Eighteen Year Olds—Age Of Majority In Washington—Ch. 292, Washington Laws Of 1971, Anon
Washington Law Review
The 1971 Washington Legislature helped bridge the generation gap by lowering the age of majority to eighteen years for almost all purposes. The statute manifests a confidence in the maturity of persons between eighteeen and twenty-one years of age and recognizes their readiness to accept the responsibilities of citizenship. Although Congress brought this issue to the center of national awareness with the passage of the Voting Rights Act Amendments of 1970, the task of extending to eighteeen year olds the full measure of legal rights remains with the states. The purpose of this note is to summarize by topic the …
Toward A National Policy On Population Distribution, Steven S. Anderson
Toward A National Policy On Population Distribution, Steven S. Anderson
Washington Law Review
The purpose of this comment is to explore some of the population problems in modern America. It is written from a lawyer's perspective, in search of pragmatic solutions to real problems. Accordingly, it concentrates on the effects which various laws and policies have on population distribution with a view toward isolating those factors which can be manipulated by government to distribute population in a more rational and desirable manner. Even if no affirmative distribution program is adopted, an increased awareness of the population effects of existing federal activities will serve to eliminate future policy choices which might exacerbate current distribution-related …
Constitutional Law—Equal Protection: Supermajority Voting Requirements—Gordon V. Lance, 403 U.S. 1 (1971), Anon
Washington Law Review
On April 29, 1968, the Board of Education of Roane County, West Virginia, submitted to its electorate a proposal calling for the issuance of general obligation bonds, the proceeds of which were to be used for the construction of new school buildings and the improvement of existing educational facilities. At the same election, by separate ballot, the voters were asked to authorize the Board to levy additional taxes to support current expenditures and capital improvements. Both proposals failed to receive the requisite sixty percent affirmative vote and were defeated. Following the election, respondents, a group of concerned parents, appeared before …
A Functional Approach To The Conflict Of Laws, Philip A. Trautman
A Functional Approach To The Conflict Of Laws, Philip A. Trautman
Washington Law Review
A book review essay considering Commentary on the Conflict of Laws, by Russel J. Weintraub (1971).
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
Washington Law Review
Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
Articles
Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …
The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.
The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.
Articles
This article analyzes three aspects of the National Industrial Pollution Countrol Coucil's performance: (1) the promise and risks it has presented; (2) its procedural performance, as tested by governing law; and (3) its accomplishments, both on the record and sub rosa, as measured by the expectations. In brief, NIPCC is portrayed as a dangerously anticompetitive institution occasionally doing business in violation of the law. The Council has published both public relations material and some useful data, but it has served more importantly as a lobbying forum for industries chafing under the regulatory bit. The experience of NIPCC forms the basis …
Siting Power Plants In Washington State, William H. Rodgers, Jr.
Siting Power Plants In Washington State, William H. Rodgers, Jr.
Articles
No abstract provided.
Introduction—The Evolution Of Washington Siting Legislation, Joseph L. Mccarthy
Introduction—The Evolution Of Washington Siting Legislation, Joseph L. Mccarthy
Washington Law Review
In the state of Washington, ground was broken on April 6, 1943, for the construction of the Hanford Engineer Works. The Hanford plant was to produce plutonium, the component of one type of atom bomb. Smyth reported in the summer of 1945 that "the piles are operating at designed power, producing plutonium, and heating the Columbia River." In a footnote of particular interest today, Smyth added: "The actual rise in temperature is so tiny that no effect on fish life could be expected." During the years since World War II increasing emphasis has been placed upon development of peacetime uses …
Siting Power Plants In Washington State, William H. Rodgers, Jr.
Siting Power Plants In Washington State, William H. Rodgers, Jr.
Washington Law Review
Whatever the causes, it is indisputable that delays in the construction and operation of generating facilities have contributed to supply lagging behind demand. Ominous warnings of black-outs and brownouts are daily news to many Americans. Businesses and hospitals are hastening to develop their own emergency sources of energy. Reductions in loads already have occurred in many parts of the country. The crisis is here and it will bring inevitable reform.
Power And The Environment: A Statutory Approach To Electric Facility Siting, Henry E. Lippek
Power And The Environment: A Statutory Approach To Electric Facility Siting, Henry E. Lippek
Washington Law Review
Great dams and massive power plants supply the energy needed to keep the nation functioning smoothly. At the point of consumption, electricity is the cleanest and most versatile form of energy available. But the benefits of electricity are not without their price. At the point of generation there is an unfortunate by-product: pollution. This comment examines the conflicts between the construction of new generating facilities and environmental interests, and suggests a resolution of the problem in the long-range public interest.
Privacy, The Prospective Employee, And Employment Testing: The Need To Restrict Polygraph And Personality Testing, Donald H.J. Hermann Iii
Privacy, The Prospective Employee, And Employment Testing: The Need To Restrict Polygraph And Personality Testing, Donald H.J. Hermann Iii
Washington Law Review
Criticism of personality and polygraph testing has taken three forms: challenges to the reliability and validity of such testing; concern about the dissemination and availability of testing data; and fear of the loss of personal liberties through invasion of privacy, imposition of psychological inhibitions, and compulsion toward conformity. The question of dissemination of personnel data and the growth of personal dossiers has been dealt with extensively elsewhere, and is generally beyond the scope of this article. This article will consider legal challenges to the reliability and validity of such testing. The scientific criticism of polygraph and personality testing has been …
Torts—Automobiles—Host-Guest Statute—Nondriving Owners Denied The Protection Of The Host-Guest Statute—Hansel V. Ford Motor Co., 3 Wn. App. 151, 473 P.2d 219 (1970), Anon
Washington Law Review
As defendant Moss's daughter was driving downhill in an automobile owned by Moss for use in the family's construction business, the brakes failed suddenly and the car ran into a telephone pole. Plaintiffs, riding as guests of the daughter, sustained severe injuries. The resulting suit was brought against Ford Motor Company (the manufacturer of the automobile), Moss's mechanic (who had relined the brakes several weeks prior to the accident), and Moss. Moss denied negligence and asserted the Washington Guest Statute as a further bar to liability. At the conclusion of plaintiffs' case the defendants moved for dismissal on the grounds …
Criminal Procedure—Juveniles: Retroactive Application Of In Re Gault Denied In Washington—Brumley V. Charles Denny Juvenile Center, 77 Wn.2d 702, 466 P.2d 481 (1970), Anon
Washington Law Review
Genevieve Fay Brumley was adjudged a delinquent child by the juvenile court of Snohomish County on December 12, 1966 after she admitted telephoning bomb threats to local schools. Present at the adjudicatory hearing were court personnel, her parents, a welfare caseworker, a probation officer, and a policeman. She was not represented by counsel. During her subsequent incarceration, the United States Supreme Court extended the right to counsel to juvenile proceedings in In re Gault. In August of 1968, Miss Brumley petitioned the superior court for a writ of habeas corpus, contending that the Gault decision required a reversal of her …
A View From The Capitol, Brock Adams
A View From The Capitol, Brock Adams
Washington Law Review
A book review essay considering Crime in America: Observations on Its Nature, Causes, Prevention and Control, by Ramsey Clark (1970).
A Page Of History, Lehan K. Tunks
A Page Of History, Lehan K. Tunks
Washington Law Review
A book review essay considering The Legitimacy of the Business Corporation in the Law of the United States, 1780-1970, by James W. Hurst (1970).
Constitutional Law—Immigration: Meiklejohn Theory Of The First Amendment Applied In The Immigration Context—Mandel V. Mitchell, 325 F. Supp. 620 (E.D.N.Y.), Appeal Docketed 40 U.S.L.W. 3035 (U.S. July 13, 1971), Anon
Washington Law Review
Ernest Mandel, a noted Belgian economist and a Trotskyite Marxist, was invited to participate as a speaker and panelist in a conference at Stanford University. He was denied a visa pursuant to two subsections of the Immigration and Nationality Act of 1952. Subsection 212(a)(28)(D) excludes "Aliens... who advocate the economic, international, and governmental doctrines of World communism;..." and subsection 212(a)(28)(G)(v) bars "Aliens who write or publish ... or who knowingly circulate ... any written or printed matter, advocating or teaching ... the economic, international and governmental doctrines of world communism.. . . " Although Mandel had been granted visas for …
Public Utilities Regulation—Jurisdiction Of The Federal Power Commission: Factual Determination Of Interstate Power Flow Required. Florida Power & Light Co. V. Fpc, 430 F.2d 1377 (5th Cir. 1970), Cert. Granted, 91 S. Ct. 873 (1971), Anon
Washington Law Review
The Florida Power and Light Company (FPL) generates, transmits, distributes and sells electric energy in the State of Florida. It is the largest electric utility in that state. FPL is directly connected with four other Florida electric systems in a "power pool" arrangement. One of the other systems is connected (in a similar pooling arrangement) to a further system across the state line. FPL has no direct interstate connections. The electric power on all these systems is supplied as alternating current at a frequency of 60 cycles. Frequency control and synchronization are maintained by all the systems. This permits an …
The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum
The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum
Washington Law Review
A proper jurisdictional balance between state and federal court systems has long been a goal of federal statutes granting jurisdiction over patent matters to the federal courts. Prompted by the recent decision of the United States Court of Appeals for the Ninth Circuit in Koratron Co. v. Deering Milliken, Inc., Professor Chisum considers the general problem of the jurisdiction of federal and state courts over cases concerning questions of federal law and then focuses on the specific problem of jurisdiction over cases involving federal patent law. The article begins with a discussion of the history of statutes granting patent jurisdiction …