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Articles 4891 - 4920 of 6130

Full-Text Articles in Law

Comments On The Common Market, Robert A. Anthony Jun 1966

Comments On The Common Market, Robert A. Anthony

Washington Law Review

We have before us a subject that is more economic than legal. The important questions about that subject are more political than legal. Into such realms I venture only most warily. I find interesting Dennis Thompson's portrayal of the Common Market as "the only body in Europe that really matters." His characterization is as apt as it is pithy and, indeed, pertinent for his countrymen's consideration at this moment of economic and electoral decision. And it seems to me that we should ask: why is the Economic Community the only body that "matters"? It matters, I think, because it is …

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Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson Jun 1966

Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson

Washington Law Review

The subject of this article is a substantial one, bursting with theoretical and practical problems, but it is of course much narrower than the survey of the Communities in the spring of 1966 which Mr. Thompson presented to the conference. That survey was made in the light of the six months crisis created by the absence of the French from the work of the institutions of the Economic Community. The resistance of the French to certain central aspects of the development of the Community institutions, particularly to what they described as the developing "style" of the Commission, was set out …

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Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman Jun 1966

Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman

Washington Law Review

It is often said that the European Communities are unique, that they cannot be fruitfully compared to other institutions, whether international or federal. Certainly, to a common law lawyer they appear to be uniquely civil law creations; their solutions to various problems appear novel to him. Despite differences in approach much is to be learned by comparing or at least contrasting the European approach with that of the common law. Professor Herzog has well illustrated some of the differences in his excellent paper on the Court of Justice.

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Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon Jun 1966

Reviewability Of Arbitrary And Capricious Actions Of Liquor Control Board, Anon

Washington Law Review

In June 1962, plaintiff applied to the State Liquor Control Board for change of location of his tavern license. Plaintiff proposed to move his tavern business around the corner and across the street from its former location. The Board investigated the proposed move, and, after careful consideration, notified the plaintiff of the Board's approval. In reliance on this notice of approval, plaintiff spent his life's savings acquiring, remodeling, and equipping the new location. Thereafter, without a formal hearing, the Board informed the plaintiff that approval of the proposed move had been withdrawn. The plaintiff sought a writ of mandamus directed …

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Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern Jun 1966

Many Paths To Heaven—A Comparison Of Legal Education In Latin America And The United States, David S. Stern

Washington Law Review

It has been said that man's concepts of right and wrong and of justice are realized through his legal system; or to put it another way, that the law reflects the value judgments of the society in which it operates. More often than not, two societies will reflect two quite different images. The same can be said for legal education, another of the many mirrors in which societies can see themselves. To attempt to impose the forms and standards of one on another can obviously lead only to distortion. Unfortunately, this fact is apparently not so obvious to United States …

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Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon Jun 1966

Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon

Washington Law Review

The Seattle Municipal Code requires intermittent inspections by the fire chief of nonresidential buildings for the purpose of discovering and correcting fire hazards. Pursuant to the Code, an inspector, without a search warrant and without cause to believe that a fire hazard existed, sought entry into defendant's locked warehouse. Upon his refusal to allow entrance, defendant was tried and convicted for failing to submit to a fire inspection. On appeal, the conviction was affirmed. Held: The fourth amendment's prohibition of unreasonable search and seizure is not violated by a conviction for refusal to permit entrance into a commercial building for …

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Constitutionality Of Conviction Under Narcotics Possession Statute, Anon Jun 1966

Constitutionality Of Conviction Under Narcotics Possession Statute, Anon

Washington Law Review

Defendant was convicted of the felony of possession of a narcotic without a prescription, and was sentenced to serve a maximum term of twenty years. Defendant claimed that, on the same facts, the prosecutor could have charged the defendant with the gross misdemeanor of illegal use of narcotic drugs. Defendant argued that this vests discretion in the prosecutor to charge either a felony or a gross misdemeanor, and that this discretion is violative of the equal protection clauses of the Washington and United States constitutions. On appeal, the Washington Supreme Court affirmed the conviction. Held: The gross misdemeanor of illegal …

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Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb Jun 1966

Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb

Washington Law Review

The delicate problems of the evolving relationship between supranational, European Economic Community Treaty law and the national law of the member countries are dramatically illustrated by the decisions of national courts and the Commission of the European Economic Community in the series of cases dealing with the legitimacy of sole distributorships coterminous with national boundaries of the member countries. The operational context of the actual cases in this field not only constitutes a more dramatic setting than the abstract study of the bare provisions of the Treaty of Rome and its implementing regulations; it also effectively brings to light a …

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Sufficiency Of Proof To Establish Implied Contract, Anon Jun 1966

Sufficiency Of Proof To Establish Implied Contract, Anon

Washington Law Review

Plaintiffs, husband and wife, brought suit against decedent's estate for specific performance of an oral contract to convey or devise real property in return for personal services. An alternative claim asked for the reasonable value of services rendered and expenses paid by plaintiffs in decedent's behalf, and at his request, during the three years preceding his death. Plaintiff wife served as decedent's nurse, housekeeper and occasional provider during this period. Plaintiff husband performed various odd jobs at decedent's request. Throughout this period, plaintiffs received no compensation beyond infrequent use of decedent's lake cabin. Two witnesses testified that decedent told them …

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Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon Jun 1966

Exposure To Unrelated But Inadmissible Evidence Constitutes Reversible Error, Anon

Washington Law Review

Defendant was charged with unlawful possession of burglary tools, and fraudulent attempt to obtain narcotics. With agreement of defense counsel, the charges were consolidated for trial. At the close of the state's case, the trial court granted defendant's motion to suppress evidence relating to the burglary tools charge because it was obtained by an illegal search, dismissed the charge of unlawful possession of burglary tools, and instructed the jury to disregard all evidence or inferences concerning that charge. The trial court denied defendant's motion for a mistrial, and he was subsequently convicted of fraudulent attempt to obtain narcotics. On appeal, …

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Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon Jun 1966

Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon

Washington Law Review

Defendant was tried and convicted in a town municipal court on a charge of driving while under the influence of intoxicating liquor, in violation of a local ordinance. In the course of a trial de novo on appeal to superior court, the trial judge noted that there was no complaint in the case file. The town's counsel argued successfully that the arrest slip which had been entered into evidence served as the complaint under the new Traffic Rules for Courts of Limited Jurisdiction. Again convicted, defendant appealed, contending his conviction was defective for want of compliance with certain provisions of …

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Equity Exceeding Homestead Exemption Value Subject To Execution, Anon Jun 1966

Equity Exceeding Homestead Exemption Value Subject To Execution, Anon

Washington Law Review

An action was brought by the plaintiff widow to permanently enjoin a judgment creditor from satisfying a judgment on a community debt from the surplus equity in the homesteaded realty over the homestead exemption. Plaintiff and her husband, in 1956, filed a valid declaration of homestead on their residence in Washington, which was held as community property. In 1958, defendants were granted judgment against the plaintiff and her husband as a marital community. Plaintiff's husband died in 1961, and one of the defendants was appointed administratrix of his estate in Washington. A writ of execution was issued on defendant's judgment, …

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Admissibility Of Blood Sample Evidence In Civil Case, Anon Jun 1966

Admissibility Of Blood Sample Evidence In Civil Case, Anon

Washington Law Review

At the instigation of a police officer, a blood sample was taken from defendant Clinton as he lay hospitalized with serious injuries resulting from an automobile collision in which another person was killed. The alcohol reading of the blood sample was 0.210, well above presumptive intoxication. Plaintiff, in an action for personal injuries and wrongful death, sought to introduce defendant's blood test in evidence. The trial court, in the absence of the jury, heard conflicting testimony and concluded that the blood sample was inadmissible because taken without conscious consent. On appeal from a judgment for defendant, the court reversed and …

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Effect Of Conflicting "Other Insurance" Claims, Anon Jun 1966

Effect Of Conflicting "Other Insurance" Claims, Anon

Washington Law Review

Plaintiff was seriously injured when an automobile in which she was a passenger collided with another vehicle driven by an uninsured operator. Plaintiff's automobile insurance policy, issued by defendant, included coverage for bodily injury caused by uninsured motorists. Excluded from this coverage, however, was injury sustained in an automobile not owned by plaintiff, if the owner had "similar insurance" which was available to plaintiff. The owner of the automobile in which plaintiff was injured also carried insurance containing uninsured motorist coverage. His policy, written by another company, contained a pro rata clause restricting coverage to a proportionate share of the …

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Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon Jun 1966

Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon

Washington Law Review

While plaintiff's shopping center was under construction, defendant second-class municipality prepared for installation of a stop light to aid traffic going to and from the center. A contractor was hired and the design was approved, but funds were not budgeted for the project. With the shopping center nearing completion, it was agreed that plaintiff would pay the cost of installation and defendant city would reimburse him out of the following year's budget. The city, without calling for bids on the contract, hired a contractor and plaintiff paid the cost of the traffic signal and its installation. In plaintiff's suit on …

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Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon Jun 1966

Applicabiity Of Real Estate Sales Tax To Transfers For Benefit Of Unformed Corporation, Anon

Washington Law Review

A corporate promoter entered into an earnest money agreement which contemplated corporate purchase of real property. At the planned closing date, the incorporation process was incomplete. To avoid losing the property, the promoter entered into a real estate contract naming himself and two nominees as purchaser-trustees to hold the property in trust for the benefit of the proposed corporation. The one-percent real estate sales tax was paid by the seller, since the transfer to the trustees constituted a sale. One month later, the beneficiary was incorporated. Pursuant to the trust agreement, the trustees transferred the property to the corporation by …

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Propriety Of Special Interrogatories To Explain Inconsistent Verdicts In Consolidated Actions, Anon Jun 1966

Propriety Of Special Interrogatories To Explain Inconsistent Verdicts In Consolidated Actions, Anon

Washington Law Review

Two automobiles, approaching at right angles to each other, collided midway in an intersection controlled by a traffic signal. The guest-passenger in Car One was fatally injured. The administratrix of his estate (hereinafter referred to as plaintiff) brought a wrongful death action against the driver of Car Two, alleging negligence. In a separate action the driver of Car Two sought property and personal injury damages from the host-driver of Car One, alleging the latter's negligence. The host-driver of Car One counterclaimed for property damage, alleging negligence on the part of the driver of Car Two. Since the three claims arose …

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Assumption Of Risk—Basis For Denial Of Recovery?, Anon Jun 1966

Assumption Of Risk—Basis For Denial Of Recovery?, Anon

Washington Law Review

A recent decision of the Washington Supreme Court casts considerable doubt on the exact status of the defense of assumption of risk, and illustrates a serious problem concerning the judicial process in Washington. The action was brought against a school district for injuries received by a spectator at a high school football game. The school district supervised the game, no admission was charged, and the plaintiff, as a relative of one of the football players, was encouraged to attend. The plaintiff, who had previously seen only one football game, was standing about one foot from the side lines when a …

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Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon Jun 1966

Ftc Proceeding Without Industrywide Enforcement: Patent Abuse Of Discretion, Anon

Washington Law Review

The Federal Trade Commission issued a cease and desist order under section two of the Clayton Act against petitioner, a manufacturer and distributer of plumbing supplies and equipment having 5.75 per cent of the national market. The gravamen of the FTC prosecution was price discrimination in the allowing by petitioner of a ten per cent price discount on "truck load" orders of its products. Petitioner requested the FTC to stay the cease and desist order until the FTC had investigated and instituted enforcement proceedings against the entire plumbing fixture industry. Petitioner alleged that enforcement of the order would put it …

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Definition Of Gross Negligence Under The Guest Statute, Anon Jun 1966

Definition Of Gross Negligence Under The Guest Statute, Anon

Washington Law Review

On a bright summer morning, defendant slowed her automobile, intending to make a left turn. The road stretched dry and straight before her for more than a mile. She turned on her left signal blinker, observed a truck in the distance coming toward her, and looked in her rear view mirror. Seeing a car pulling out to pass her, she slowed further and waited for it to go by. Then she turned abruptly to the left and drove straight into the path of the oncoming truck. Plaintiff passenger, seriously injured in the collision, sued defendant, alleging gross negligence. The trial …

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Establishment Of Interest In Intestate Decedents' Estate, Anon Jun 1966

Establishment Of Interest In Intestate Decedents' Estate, Anon

Washington Law Review

Plaintiff, surviving member of a thirteen year meretricious relationship with defendant's decedent, brought an action to establish a half-interest in the estate, consisting of both real and personal property. She stated alternative theories of recovery—including resulting trust, partnership, joint venture, and a pooling agreement—all but the first being contractually based. Although most of the assets of the estate were accumulated during their cohabitation, plaintiff was unable to prove by "clear, cogent, and convincing" evidence the existence of any significant monetary investment from her personal funds. The evidence indicated that her contribution to the accumulated assets consisted primarily of labor, including …

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Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon Jun 1966

Criminal Law: Right To Counsel—Critical Stage Test In Non-Confession Cases, Anon

Washington Law Review

Defendant was arrested for driving under the influence of alcohol, a misdemeanor. After being taken to jail, his requests to call an attorney were denied in accordance with a police department regulation. Defendant's counsel submitted that, if contacted, he would have ordered a chemical, blood-alcohol test administered by a physician. Convicted in police court and superior court, defendant appealed to the Washington Supreme Court, which reversed and dismissed the charges. Held: The time immediately following arrest for driving under the influence of alcohol is a "critical stage" in criminal proceedings, during which defendant is entitled to counsel under the sixth …

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Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon Jun 1966

Compensatioon For Condemnation Of Land Enhanced In Value By Agricultural Allotment, Anon

Washington Law Review

Defendant's farm, including 550 acres devoted to production of cotton under an acreage allotment from the Department of Agriculture, was condemned by the federal government for an irrigation project. Defendant retained the right under section 1378 (a) of the Agricultural Adjustment Act to transfer its cotton quota to other property under its ownership, and did so. Trial before a jury resulted in an award to defendant based on the value of its property as a cotton farm, less the value of the section 1378 right retained. The government objected on the ground that the enhanced value to the land resulting …

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Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon Jun 1966

Unconscionability In Consumer Sales Contracts—A Defense To Actions At Law, And Under The Ucc, Anon

Washington Law Review

Plaintiff, operator of a retail furniture store, sold a five hundred dollar stereo set on installment contract to defendant Williams, knowing that defendant supported herself and seven children on a two hundred eighteen dollar monthly welfare payment. At the time defendant bought the set, she owed plaintiff one hundred sixty four dollars on thirteen prior purchases. The form contract provided that plaintiff would retain title to all items purchased until the purchaser had paid all amounts due in full, and that the debt on each item was secured by the right to repossess all items purchased. When defendant defaulted shortly …

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The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog Jun 1966

The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog

Washington Law Review

The Court of Justice of the European Communities has inspired much legal writing, including many books and articles in English. Particular attention has been paid to its jurisdiction and general organization, much less to its procedure. But Professor Sereni has pointed out that differences in the domestic procedural laws of states appearing before an international court may cause difficulties in the work of the international tribunal itself. It therefore may be of interest to review briefly some aspects of the procedure of a court which is perhaps not an international tribunal in the strict sense of the word, but in …

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Determination Of Time Of Taking Of Avigation Easement, Anon Jun 1966

Determination Of Time Of Taking Of Avigation Easement, Anon

Washington Law Review

Plaintiffs, owners of property lying under the flight path of planes using the airport owned and operated by defendant, brought inverse condemnation actions alleging defendant had acquired an avigation easement. Having concluded that the date of the taking was, as a matter of law, when the first regularly scheduled use of the runways in question began, the trial court dismissed the complaints because plaintiffs acquired their properties after that date. On appeal, a unanimous court reversed and remanded. Held: The taking of an avigation easement occurs, not when the first regularly scheduled commercial use of an airport commences, but when …

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Discretionary Acts Protected By Governmental Immunity, Anon Jun 1966

Discretionary Acts Protected By Governmental Immunity, Anon

Washington Law Review

Plaintiffs sought damages from the State of Washington for property destroyed by a juvenile escapee from Green Hill School, who set fire to a church and adjoining house. Plaintiffs alleged, inter alia, that the state was negligent in maintaining an "open program" in a "close security" institution, and in assigning the juvenile, regarded as a security risk, to the "open program."' Plaintiffs relied on a recent statute purportedly abolishing state immunity from liability for torts committed by officials, whether acting in a "governmental" or "proprietary" capacity. The trial court entered judgment on a verdict for plaintiffs. On appeal, the Washington …

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Brief Of The Association On American Indian Affairs, Amicus Curiae - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967)) May 1966

Brief Of The Association On American Indian Affairs, Amicus Curiae - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

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Brief Of The United States, Amicus Curiae - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967)) Apr 1966

Brief Of The United States, Amicus Curiae - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

Department of Game v. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967))

No abstract provided.

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Some Diplomatic Problems Of Codification Of The Law Of Treaties, Shabtai Rosenne Apr 1966

Some Diplomatic Problems Of Codification Of The Law Of Treaties, Shabtai Rosenne

Washington Law Review

The International Law Conmission is presently engaged in a project to codify the Law of Treaties. A project of this magnitude is, of course, replete with imany substantive legal problems. The author, while fully cognizant of the ramifications of the legal issues presented by the codification, takes as his central topic some of the less obvious but, perhaps ultiviately more critical problems, related to the codification project. After defining the scope of the project and tracing the remote and recent history of the codification of treaty law, the author discusses the structural form which the restatement of treaty law has …

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