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Articles 4921 - 4950 of 6130

Full-Text Articles in Law

Pattern Jury Instructions: Some Suggetions On Use And The Problem Of Presumptions, George Neff Stevens Apr 1966

Pattern Jury Instructions: Some Suggetions On Use And The Problem Of Presumptions, George Neff Stevens

Washington Law Review

Professor Stevens' article had its genesis as a book review of the New York Pattern Jury Instructions-Civil, Vol. 1 and 2 (temporary) (1965); it soon became apparent, however, that the project was of larger dimensions than most book reviews. Accordingly, and to facilitate proper indexing, the editors decided to publish the manuscript as an article. Professor Stevens critically appraises the New York pattern instructions and compares them with those of California, Illinois and other states. Because of the imminent publication of similar instructions for Washington, Professor Stevens offers some practical proposals such as appending federal annotations to pattern instructions for …

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Dr. Bonham's Case And The Modern Significance Of Lord Coke's Influence, George P. Smith, Ii Apr 1966

Dr. Bonham's Case And The Modern Significance Of Lord Coke's Influence, George P. Smith, Ii

Washington Law Review

Cognizant of the significant, yet comparatively short-lived, contribution which Lord Edward Coke made to the English society of his day and to the inadvertent, as well as permanent, effect that his theory of fundamental law and judicial review had upon the American revolutionaries and the framers of the Constitution, the scope of this article has been limited primarily to a critical examination of the raison d'etre of the noted Dr. Bonham's Case—or, that case which structured Coke's entire argument for the supremacy of the fundamental law as ensured by judicial review. It is hoped that some idea may be gleaned …

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Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger Apr 1966

Federal Habeas Corpus Jurisdiction—The Undeveloped Areas, David F. Berger

Washington Law Review

This comment is concerned with habeas corpus jurisdiction in terms of its availability and issuance in behalf of persons physically restrained by the exercise of federal authority other than article III federal courts. Restraint by article III courts is excluded from discussion because the federal Habeas Corpus Act of 19486 fully covers those cases by specific provisions for relief of persons convicted and confined as a result of criminal proceedings in state or federal district courts. Thus, uncertainties as to habeas corpus availability and issuance only exist in regard to "non-article III"' restraint.

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The Financial Provisions Of The New Washington Business Corporation Act [Part 1], Richard O. Kummert Apr 1966

The Financial Provisions Of The New Washington Business Corporation Act [Part 1], Richard O. Kummert

Washington Law Review

The Model Business Corporation Act adopted by Washington during the 1965 Legislative Session becomes effective July 1, 1967. The financial provisions of the New Act are in many respects very complex and will be a matter of concern to local counsel in their efforts to prospectively arrange for the transition from the old to the New Act. The author, in the following pages, which represent the first half of a two-part article, explores the general philosophy, policy decisions and detailed provisions of the financial sections of the New Act. The second half of the article will be published in a …

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Limiting Language In Unpurchased Policy Provision Does Not Apply To Purchased Coverage, Anon Apr 1966

Limiting Language In Unpurchased Policy Provision Does Not Apply To Purchased Coverage, Anon

Washington Law Review

Plaintiff's truck was hit by a tree felled by a logging contractor's employee. The truck was insured by defendant insurance company against damage due to collision, but plaintiff had not purchased coverage under the comprehensive clause. Plaintiff brought an action against defendant insurer for the loss. Relying upon the language of the unpurchased comprehensive clause, the trial court held that defendant's liability did not include loss caused by falling objects. On appeal, a divided Montana Supreme Court reversed. Held: When an insured does not purchase one form of insurance coverage, the insurer may not deny liability on the basis that …

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Duplication Of Damages: Invasion Of Privacy And Defamation, Anon Apr 1966

Duplication Of Damages: Invasion Of Privacy And Defamation, Anon

Washington Law Review

Defendant mayor of Medical Lake, Washington, exhibited to at least one person what appeared to be police photographs of the plaintiff, together with what appeared to be an "F.B.I. record" on him. Neither the photographs nor the "F.B.I. record" were what they appeared to be, but defendant indicated they represented criminal convictions of plaintiff. Plaintiff brought suit for defamation and invasion of privacy, and a jury returned favorable verdicts on both counts. However, the trial court granted defendant's motion for judgment notwithstanding the verdict on the invasion of privacy count. Plaintiff appealed, contending right of privacy should be recognized in …

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Withholding Of Appraisment Under The United States Anti-Dumping Act: Protectionism Or Unfair-Competition Law?, Roy L. Prosterman Apr 1966

Withholding Of Appraisment Under The United States Anti-Dumping Act: Protectionism Or Unfair-Competition Law?, Roy L. Prosterman

Washington Law Review

The Anti-dumping Act of 1921 is, in the view of Professor Prosternman, in very real danger of being diverted from an antitrust law into a protectionist or tariff-like measure as a result of an unfortunate comnbination of administrative techniques built into the act and current practical pressures. The author discusses the cause of this diversion and offers some suggestions for reform which will prevent the antidumping law from growing into a protectionist device which is inimical to the current trends toward free trade.

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Fair Fight And Foul: A Dissenting Lawyer's Life, By Thurman Arnold (1965), David J. Danelski Apr 1966

Fair Fight And Foul: A Dissenting Lawyer's Life, By Thurman Arnold (1965), David J. Danelski

Washington Law Review

No abstract provided.

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Federal Income Tax Liability—Exception To Marital Bankruptcy, Anon Apr 1966

Federal Income Tax Liability—Exception To Marital Bankruptcy, Anon

Washington Law Review

Mrs. Draper had incurred unpaid federal income tax obligations prior to her marriage to Delmar Draper, and the Internal Revenue Service levied on one-half of Mrs. Draper's wages during marriage. The Drapers brought suit as a marital community to quiet title to the salary levied on to satisfy the wife's premarital obligation, contending that the wife's wages were community property and, therefore, not subject to satisfaction for the premarital debt. Defendant's motion to dismiss was sustained. Held: One-half of a spouse's wages, even though community property, can be levied on to satisfy a premarital federal income tax liability. Draper v. …

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Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon Apr 1966

Juror Misconduct: Availability Of A Hearing On Alleged Illegal View, Anon

Washington Law Review

Defendants were convicted of attempted burglary in the third degree and possession of burglar's instruments. Their counsel moved for a new trial, on his own affidavit, deposing that certain jurors had told him of an unauthorized visit during the trial to the scene of defendants' alleged crime, apparently in order to better understand the evidence. Denial of defendants' motion for a new trial was affirmed by the Appellate Division of the Supreme Court, and—on appeal to the New York Court of Appeals—again affirmed. Held: Affidavit of defense counsel that certain jurors had reported an unauthorized visit during a trial to …

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Taxation Of Corporate Stock Received By Sole Shareholders Upon Cancellation Of Salary Obligations, Anon Apr 1966

Taxation Of Corporate Stock Received By Sole Shareholders Upon Cancellation Of Salary Obligations, Anon

Washington Law Review

Randall and Fender, sole and equal shareholders of Fender Sales, Inc., twice cancelled equal salary debts owned to them by their corporation. As part of these transactions, the corporation issued $100 par value common stock for each $100 of salary debt owed. Neither the corporation, which had previously deducted the salary liabilities as expenses for federal income tax purposes, nor the individuals, who were cash basis taxpayers, reported any income as a result of these transactions. The Commissioner of Internal Revenue determined that the receipt of stock constituted taxable salary income to the individuals or, alternatively, that the cancellation resulted …

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Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon Apr 1966

Discretionary Functions—The Planning-Operational Dichotomy Revisited, Anon

Washington Law Review

Federal officials, supervising a high-priority contract to dredge and improve a navigable river, approved a decision to deposit dredged spoil on a vacant lot situated near plaintiff's building. An exhaustive search by a naval officer revealed no other feasible land site immediately available. Wind carried gases emanating from the spoil to plaintiff's buildings, allegedly reacting upon the exterior surfaces to cause severe damage. Plaintiff brought an action under the Federal Tort Claims Act against the United States and its contractor, alleging negligence in the decision to place the spoil on the land, rather than dump it at sea, and in …

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Brief Of Respondent - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967)) Jan 1966

Brief Of Respondent - 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 Amici Curiae, American Civil Liberties Union Of Washington - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967)) Jan 1966

Brief Of Amici Curiae, American Civil Liberties Union Of Washington - 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 Amicus Curiae On Behalf Of The State Of Idaho Fish And Game Department - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967)) Jan 1966

Brief Of Amicus Curiae On Behalf Of The State Of Idaho Fish And Game Department - 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 Appellants - Department Of Game V. Puyallup Tribe, Inc., Docket No. 38611 (70 Wash. 2d 245 (Jan. 1967)) Jan 1966

Brief Of Appellants - 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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Uniform Trustees' Powers Act, Charles Horowitz Jan 1966

Uniform Trustees' Powers Act, Charles Horowitz

Washington Law Review

In August 1964 the Uniform Law Commnission adopted the Uniform Trustees' Powers Act in response to a long felt need for legislative reform in the area of trustees' powers. The new act applies the "prudent man" concept to the entire field of trustees' powers, an approach proposed by Professor William F. Fratcher in an article published in 1962 entitled Trustees' Powers Legislation. Charles Horowitz, Esq., Chairman of the Uniform Law Commission's Special Committee which was responsible for drafting the new act, discusses the basic approach of the act and the changes the act will effect in the traditional law of …

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Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher Jan 1966

Washington's Non-Intervention Executor—Starting Point For Probate Simplification, Robert L. Fletcher

Washington Law Review

Professor Fletcher's discussion of the history and philosophy of the non-intervention executorship under the Washington statute is segmented into four parts. The first three extensively inquire into the philosophy and forces which have shaped the present contours of this unusual procedure. During this era the court in construing the statutory basis for the procedure and the legislature in amending it have treated the nonintervention executorship in some respects as part of the regular probate procedure and in others as wholly separate, quite without unifying rationale. Further, the court has developed a concept of jurisdictional immunity of questionable value. In the …

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Our Burden Of Burdens, Lloyd L. Wiehl Jan 1966

Our Burden Of Burdens, Lloyd L. Wiehl

Washington Law Review

Judge Lloyd L. Wiehl critically examines the different standards utiliced by the Washington Supreme Court to measure and describe the burden of proof in civil cases. He concludes that the present formulas should be converted into standards based on the probability theory.

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Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon Jan 1966

Service Of Summons Upon Foreign Governments Through Their Diplomatic Representatives, Anon

Washington Law Review

Plaintiff steamship line, a Greek corporation, filed a libel in personam in Federal District Court for the District of Columbia against the Republic of Tunisia for unpaid demurrage allegedly accrued on plaintiff's ship while it was in Tunisian waters. Summons was issued to the Tunisian government, to be served upon its agent, the Tunisian Ambassador to the United States. Although no evidence established that the Ambassador had personally declined service, defendant United States Marshal returned the summons unexecuted, with the explanation that "the within named principal agent, having Diplomatic Immunity, and being listed on the Diplomatic List of the State …

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The Trust Deed Act In Washington, John A. Gose Jan 1966

The Trust Deed Act In Washington, John A. Gose

Washington Law Review

By enacting the Deed of Trust Act, the author suggests Washington has taken one step away from its archaic real property security procedures. He explains the mechanics of trust deed financing and how to best utilize the trust deed. In addition, he points out certain technicalities and pitfalls inherent in the Deed of Trust Act and suggests amendments still needed to fully implement trust deed financing.

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Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon Jan 1966

Religious Freedom And Compulsory Blood Transfusion For Adult Jehovah's Witness, Anon

Washington Law Review

In two separate instances adult Jehovah's Witnesses were admitted to hospitals with severe internal bleeding. Doctors in each instance determined that blood transfusions were required to save the patient's life. Each patient refused to consent to transfusions because of his religious beliefs. In one case the patient, who had no minor children, was pronounced incompetent, a conservator to consent to transfusion was appointed by the court, and the transfusion was administered. On appeal, the Illinois Supreme Court reversed. Held: An adult who has no minor children cannot be compelled to take lifesaving blood transfusions against his religious objection. In re …

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Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon Jan 1966

Acquittal Of Reckless Driving Does Not Bar Prosecution For Vehicular Homicide, Anon

Washington Law Review

After being involved in a fatal automobile collision, defendant was charged by information, in a court of limited jurisdiction, with the misdemeanor of reckless driving. Trial by a three judge panel resulted in acquittal. Subsequently, an indictment was returned by county grand jury charging defendant with vehicular homicide, a felony requiring proof of driving in a "reckless or culpably negligent manner, whereby a human being is killed." Defendant contended that the prosecution for vehicular homicide would subject him to double jeopardy. The Appellate Division of the New York Supreme Court granted an order prohibiting the trial, agreeing that it would …

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Loss Carryovers Under The 1954 Code: Rejection Of The Libson Shops Doctrine, Anon Jan 1966

Loss Carryovers Under The 1954 Code: Rejection Of The Libson Shops Doctrine, Anon

Washington Law Review

Taxpayer corporation, which had sustained losses in the hardware business, entered into an agreement with two partners engaged in real estate development whereby a department of real estate development was established within the corporation. Funds needed for the department's operations were furnished by the partners through the purchase of non-voting preferred stock valued at approximately two-fifths of the total value of the corporate stock. By the terms of the agreement, ninety percent of the profits of the department were to be distributed to the preferred stockholders. Voting control of the common stock was placed in a voting trust. Thereafter, the …

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The Original Package—A Factor, Not A Test, Anon Jan 1966

The Original Package—A Factor, Not A Test, Anon

Washington Law Review

By invoking the import-export clause of the United States Constitution, plaintiff sought to enjoin the imposition of state personal property taxes upon unsold portions of imported shipments of greenheart pilings and timber. The lumber was stacked in plaintiff's storage yard, according to existing orders or length. Plaintiff contended that each piece of greenheart, bearing identification stamped at the point of origin of the shipment, constituted an original package and was therefore immune from state taxation. The trial court entered judgment for defendant tax officials on the ground that, when imports are inherently incapable of being packaged, the unit of transportation …

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Husband's Immunity From Personal Suit For Tort, Anon Jan 1966

Husband's Immunity From Personal Suit For Tort, Anon

Washington Law Review

Plaintiff brought an action to recover damages for injuries which were intentionally inflicted by her former husband subsequent to the initiation of divorce proceedings. The complaint alleged that defendant, with intent to kill plaintiff and in violation of a non-molestation order, repeatedly rammed plaintiff's automobile with his own. Defendant challenged plaintiff's right to sue, claiming immunity from suit by his former wife for personal tort occurring during marriage. The trial court granted judgment for defendant on the pleadings, which was affirmed on appeal. Held: A man is immune from suit in tort by his former wife, even though the tort …

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Strict Liability In Tort—Builder-Vendor Of Mass Produced House Strictly Liable For Injuries Caused By Construction Defects, Anon Jan 1966

Strict Liability In Tort—Builder-Vendor Of Mass Produced House Strictly Liable For Injuries Caused By Construction Defects, Anon

Washington Law Review

Defendant, a mass-developer who planned communities and sold homes on the basis of advertised models, installed a water heater in a house without following the manufacturer's recommendations. Plaintiffs leased the house from defendant's vendee, and plaintiffs' minor son was subsequently scalded by excessively hot water drawn from the heater. Recovery was sought for negligence and for breach of implied warranty of habitability. The trial court dismissed the action, but the Court of Appeals of New Jersey reversed. Held: A builder-vendor of a mass-produced house is liable for breach of an implied warranty of habitability to vendee's lessee injured by a …

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Products Liability—Innocent Bystander Enjoys Protection Of Implied Warranty, Anon Jan 1966

Products Liability—Innocent Bystander Enjoys Protection Of Implied Warranty, Anon

Washington Law Review

Plaintiff was injured when a shotgun, fired by another, exploded. The explosion was allegedly caused by a defective shotgun shell, purchased by the shooter. Plaintiff brought a personal injury action against the manufacturer, wholesaler, and retailer of the shell, alleging separate counts of negligence and breach of implied warranty. With reference to the latter count, plaintiff contended that the shell was not suitable for its intended use, and that, even though he was neither the purchaser nor the user of the shell, he was entitled to rely upon the implied warranty of fitness and suitability which attended the manufacture, distribution, …

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Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon Jan 1966

Ucc—Liberal Interpretation Of Financing Statement Requirements, Anon

Washington Law Review

Filing requirements under the Connecticut enactment of the Uniform Commercial Code have been construed by two recent decisions of the United States Court of Appeals for the Second Circuit. In one case, a creditor duly filed a "security agreement" which the debtor, "Excel Stores, Inc.," had inadvertently signed "Excel Department Stores." Upon debtor's adjudication as a bankrupt, creditor filed a reclamation petition. The district court denied the petition, holding that the security agreement was not properly signed in accordance with Uniform Commercial Code section 9-402(1). On appeal, the Second Circuit reversed and held: Use of "Excel Department Stores" instead of …

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The Personality Of Lawyers: A Comparative Study Of Subjective Factors In Law, Based On Interviews With German Lawyers, By Walter O. Weyrauch (1964), Heinz Eulau Jan 1966

The Personality Of Lawyers: A Comparative Study Of Subjective Factors In Law, Based On Interviews With German Lawyers, By Walter O. Weyrauch (1964), Heinz Eulau

Washington Law Review

No abstract provided.

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