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Full-Text Articles in Law

Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher Jan 1965

Probate Reform In Washington, Robert A. Stewart, John Richard Steincipher

Washington Law Review

In 1960, two events occurred which illustrate current disenchantment with Washington probate law and highlight the need for reformation and modernization. In that year the voters of this state overwhelmingly adopted an Initiative providing for joint tenancy, despite counsel from the bar that "the initiative is dangerous and that if adopted... will bring back a state of chaos and disrupt the operation of our modern and progressive community property laws." The concern from which this legislation issued was indicated in the Initiative's opening clause, "[J]oint tenancy with right of survivorship permits property to pass to the survivor without the cost …

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State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow Jan 1965

State Wage Collection Laws: Supplementing The Bankruptcy Act, D. Mckay Snow

Washington Law Review

The general problem to be considered here is that of the employer's insolvency and consequent inability to pay wages which have already been earned. More specifically this comment examines the various types of state legislation designed to assist employees in the collection of these earned but unpaid wages, with primary consideration directed to those statutes which enable the employee to circumvent the limitations of the federal Bankruptcy Act. State wage priority statutes are therefore not included, nor are general creditor collection devices, criminal sanctions against non-payment of wages, and laws authorizing the assignment of wage claims to an administrative agency …

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Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr. Jan 1965

Inverse Condemnation In Washington—Is The Lid Off Pandora's Box?, Russell A. Austin, Jr.

Washington Law Review

Improvements and innovations designed to meet modern-day requirements of mass public transportation have spawned a number of legal problems, many of which the courts have attempted to resolve under an expanding concept of eminent domain. This ancient power, by which a sovereign may appropriate private property to public use, has not been a static doctrine. Rather it has served as an umbrella under which a multitude of varied and intricate theories, rules, and limitations have been developed by the judiciary to keep up with the increasing complexities of governmental functions and responsibilities. In Washington it may well be that modern …

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A Projection Of Washington's Financial Needs, George A. Shipman Jan 1965

A Projection Of Washington's Financial Needs, George A. Shipman

Washington Law Review

This is a projection of the financial needs of the State of Washington over the next three biennial periods. It is intended to serve the practical need of observing current issues of state appropriations and financing in terms of apparent short-range trends. At the outset, it should be made clear that this effort is highly tentative. At the time of writing, basic data with respect to the trends that influence levels of governmental activity, both locally and statewide, fall far short of a desirable base for an accurate projection. Also, several possibilities for federal action which directly influence state and …

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The Washington Tax System—How It Grew, Alfred Harsch Jan 1965

The Washington Tax System—How It Grew, Alfred Harsch

Washington Law Review

Since the establishment of Washington as a territory in 1854, the state's taxing system has expanded from a simple two-tax program, adequately serving the needs of its rough pioneer communities, into an involved complex of multiple taxes, limited and confined either within a rigid and strictly construed constitutional framework or by the outer limits of economic and political feasibility. Whatever may be one's belief with respect to the desirable extent of the governmental activities and services of the state and its many subdivisions, there can be no denying the proposition that the state's existing revenue system creaks, groans, and mightily …

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Tax Problems From The Agricultural Point Of View, Chas. W. Hodge Jan 1965

Tax Problems From The Agricultural Point Of View, Chas. W. Hodge

Washington Law Review

The farmer in the State of Washington carries a heavier state and local tax burden in relation to both his net income and his gross return from products and services sold than any major industry not specially taxed. Although specially taxed businesses such as liquor, tobacco, and amusements often carry very high taxes in relation to their volume of business, in most cases all competitors for the market carry the same tax load in the market area in which they compete. While this makes the incidence of the tax hard to trace, it is fairly certain that such taxes generally …

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Tax Problems From The Business Point Of View, Phillip Strawn Jan 1965

Tax Problems From The Business Point Of View, Phillip Strawn

Washington Law Review

It would seem desirable to begin a discussion of state and local taxes from the business point of view by providing some indication of the meaning of the term "business." A dictionary definition which is pertinent is "the buying and selling of commodities and services; commerce; trade." Thus broadly defined, the term "business" embraces a great variety of activities and organizations. It includes such activities as manufacturing, wholesaling, retailing and the provision of services. It includes such organizational forms as corporations, partnerships, and sole proprietorships.

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The Washington State Tax Structure As Viewed By The Consumer, Phillip W. Cartwright Jan 1965

The Washington State Tax Structure As Viewed By The Consumer, Phillip W. Cartwright

Washington Law Review

In evaluating the Washington tax structure from the view point of the consumer it is necessary to determine what is meant by "the consumer." For purposes of this discussion, the term consumer describes a member of the general public performing in his role as a householder rather than in his role as an employee, employer, or self-employed individual. In his role as a consumer, the individual has a certain set of criteria with which he can render a judgment in respect to his satisfaction with a tax structure. Cast in another role, this same individual may well have another set …

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State And Local Tax Problems From The Labor Point Of View, Joe Davis Jan 1965

State And Local Tax Problems From The Labor Point Of View, Joe Davis

Washington Law Review

This is a short presentation of what is believed to be the representative viewpoint of labor with respect to the inequities and inadequacies of the system as we now understand it. It is not intended to be an exhaustive examination of the taxing system now in use in the State of Washington.

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Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long Oct 1964

Discovery And Experts Under The Federal Rules Of Civil Procedureq, Jeremiah M. Long

Washington Law Review

The problem of delineating the boundaries of discovery under Rules 26-37 of the Federal Rules of Civil Procedure is constant, for the language of limitation in the rules themselves remains vague. The discretionary nature of these rules suggests determination of each case on its own record. The burden so imposed on district judges and the lack of definite standards in the rules themselves governing the exercise of discretion have undoubtedly contributed to the adoption by many judges of rather inflexible ancillary rules for the application of discovery in questionable areas. One of these areas concerns the extent to which expert …

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Survey Of Medical Professional Liability In Washington, John Richard Steincipher Oct 1964

Survey Of Medical Professional Liability In Washington, John Richard Steincipher

Washington Law Review

Today, the number of these claims nears 9,000 a year at a cost of over 45 million dollars, such that one out of every seven physicians in the United States has been sued for professional negligence., This alarming increase in claims, the majority of which are deemed by many to be "without merit," represents one of the most interesting and paradoxical legal developments in recent years, since attorneys specializing in these matters estimate that they reject 80 per cent of the claims brought to them, and even with this, the defending physicians are victorious in 70 per cent of the …

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Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris Oct 1964

Washington's Loyalty Oath And "Guiltless Knowing Behavior", Arval A. Morris

Washington Law Review

In Baggett v. Bullitt, the Supreme Court of the United States ruled that professors at the University of Washington could not be required to execute two legislatively prescribed "loyalty" oaths. This high-court decision ended a nine-year battle carried on by the University's faculty. It marks a significant step forward in the achievement of constitutional protection for intellectual liberty everywhere. It is now questionable whether the act of swearing one's loyalty, as a condition of academic employment, an act utterly unrelated to academic competence, can constitutionally be required of a professor. Furthermore, the Court's opinion casts a cloud of doubt over …

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Police Discretion And Traffic Law Enforcement, Hayes Elder Oct 1964

Police Discretion And Traffic Law Enforcement, Hayes Elder

Washington Law Review

But, society, in its desire to secure our future safety on the highways, must not be driven by these alarming statistics to sacrifice personal freedoms. Although the first concern with traffic safety laws is to increase the motorist's chance for survival, these traffic laws, and the enforcement of them, create other problems that can undermine values fundamental to our society. This comment will discuss some of these problems, and shall suggest a possible course for our legislative bodies that may best effect greater traffic safety, and at the same time preserve the other values. For the sake of comprehension and …

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Judicial Self-Restraint: Political Questions And Malapportionment, Stephen R. Mitchell Oct 1964

Judicial Self-Restraint: Political Questions And Malapportionment, Stephen R. Mitchell

Washington Law Review

Justice Felix Frankfurter, dissenting in the Tennessee Reapportionment Case, characterized the holding of that decision as "a massive repudiation of the experience of our whole past." Whether or not this is true we may presently discover, but in the meanwhile Baker v. Carr may safely be described as a truly momentous constitutional decision. Without wishing to labor the obvious, legislative apportionment can be a violently partisan problem which, in the normal course of things, we might expect the Court to bend every effort to avoid. It is an area in which judicial standards are elusive and in which judicial remedies …

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Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr. Oct 1964

Five Years Under State V. Thompson Criminal Pretrial Discovery In Washington, Kenneth L. Schubert, Jr.

Washington Law Review

Shortly after its 1959 decision in State v. Thompson, the Washington Supreme Court was credited with having made substantial change in the availability of pretrial discovery in Washington criminal procedure. This comment seeks to determine the effect of State v. Thompson by surveying the law of pretrial discovery on two levels of the Washington judicial system. First, the comment analyzes the recent supreme court cases that followed State v. Thompson, emphasizing the policy reasons behind current Washington procedure. Then the comment discusses a survey of the state's trial judges, which was made in conjunction with this paper for the purpose …

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Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins Oct 1964

Competitive Bidding—Public Construction Contracts In The State Of Washington, Ralph L. Hawkins

Washington Law Review

In Washington, bidding procedures are controlled by a number of statutes. These have been set out in the appendix for the convenience of the reader. For the most part these statutes are unrelated in scope or content. The lack of uniformity in statutory pattern and the countless variations in administrative practice make any generalization dangerous. However, a brief statement of the general pattern is set out in the footnotes.

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Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi Oct 1964

Effectice Representation—An Evasive Substantive Notion Masquerading As Procedure, Kenneth O. Jarvi

Washington Law Review

Recent cases show an increasing judicial concern with the right to counsel for an indigent accused. This concern flows from the constitutional requirement of a fair trial for every accused, and has culminated with Gideon v. Wainright, establishing the right to counsel in the state courts in all cases. Concommitantly, a related concept of effective representation has acquired momentum. It dates from the language of Powell v. Alabama. This latter concept encompasses answers to the question of what amounts to competent and/or effective counsel. The answers to the question have proved to be delicate and shifting in emphasis from concern …

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Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler Aug 1964

Court And Constitution In Japan . . . Selected Supreme Court Decisions, 1948-60, By John M. Maki (1964), Alfred C. Oppler

Washington Law Review

No abstract provided.

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Personal Property As Collateral In Japan And The United States, Kazuaki Sono, Warren L. Shattuck Aug 1964

Personal Property As Collateral In Japan And The United States, Kazuaki Sono, Warren L. Shattuck

Washington Law Review

It is our purpose to compare Japanese and United States law and practice in the area of personal property security. Since it is not possible to find a precise common terminology for different types of security transactions, it seems desirable to arrange the discussion in terms of possessory and non-possessory security, and to use as subheads in the latter category the names of the American security devices. Security transfers of intangibles, chattel paper, and title documents are discussed under the possessory-security classification. An appendix includes English translations of cited Japanese statutes and pertinent Civil and Commercial Code as well as …

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American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern Aug 1964

American-Japanese Private International Law, By Albert A. Ehrenzweig, Sueo Ikehara, And Norman Jensen (1964), David S. Stern

Washington Law Review

No abstract provided.

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Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren Aug 1964

Law In Japana: The Legal Order In A Changing Society, Edited By Arthur T. Von Mehren (1963), Harold G. Wren

Washington Law Review

No abstract provided.

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Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens Aug 1964

Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens

Washington Law Review

The steadily increasing economic and social contacts between Japan and the United States are illustrative of a development which has brought lawyers and laymen of all countries face to face with the need for more adequate, and accurate, information about the laws of all countries. Since the lawyer is the fount to which the informed layman turns for legal advice, it would seem quite natural for such a layman, faced with a problem involving foreign law, either to seek advice from his own attorney, or to turn to an alien admitted to the bar of the country, the laws of …

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Introduction To U.S.-Japanese Investment, Dan Fenno Henderson Aug 1964

Introduction To U.S.-Japanese Investment, Dan Fenno Henderson

Washington Law Review

The legal environment for foreign investment in Japan has undergone sweeping changes in the past year, both in the Japanese domestic legislation and in the international law spheres. New international law commitments started with findings of the International Monetary Fund (IMF) about a year and a half ago that Japanese economic conditions warranted a relaxation of foreign exchange controls, and after the necessary adjustments, on March 12, 1964, Japan arranged to shift her IMF status from an Article XIV country to an Article VIII country, meaning essentially that thereafter her foreign exchange budget was abolished and her current accounts (i.e., …

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Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson Aug 1964

Contract Problems In U.S.-Japanese Joint Ventures, Dan Fenno Henderson

Washington Law Review

U.S.-Japanese joint ventures are by far the most important form of direct foreign investment in Japan. For unlike most advanced governments elsewhere in the world, Japanese officialdom has, with precious few exceptions, denied validation under the Law Concerning Foreign Investment to all enterprises wholly-owned or even majority-owned by foreigners. Furthermore, it was basic Japanese policy not to validate even a minority equity in a Japanese enterprise unless the foreigner possessed essential technology which he would not make available to Japanese industry by straight patent or know-how licensing arrangements. Since before July 1963 validation only meant the right to repatriate capital …

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Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi Aug 1964

Japanese Investment Trusts, Hiroo Mizushima, Howard L. Lund, Masao Sekiguchi

Washington Law Review

Foreigners have been freely permitted to purchase shares of Japanese corporations since 1950, with the condition that the principal would not be freely remitted abroad. Until 1960 little attention was paid to this opportunity. The recent increase in foreign interest in Japanese equities has coincided with the easing of currency and exchange restrictions, particularly the shortening of the waiting period for the conversion of invested principal to the original currency of the investor. As of April 1, 1963, the waiting period was entirely eliminated, with the expectation of increased foreign investments. Because of the significant increase of foreign offerings in …

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The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French Aug 1964

The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French

Washington Law Review

This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.

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The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke Aug 1964

The Antimonopoly Law Of Japan And Its Enforcement, Michiko Ariga, Luvern V. Rieke

Washington Law Review

The Antimonopoly Law of Japan became effective in July 1947, less than two decades ago. The act was extravagantly endorsed by the U.S. occupation forces as a charter for the economic future of Japan. It was indeed a significant undertaking, designed to implant democratic practices where none had existed before, and it required basic, almost revolutionary, changes in the economic structure of the nation. Equally important was the circumstance that this law was neither sought nor desired by the Japanese. It was imposed upon a defeated people, a device entirely alien to the history and culture of those who were …

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Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren Apr 1964

Introduction—A Tribute To Justice Douglas, Chief Justice Earl Warren

Washington Law Review

The decision of the University of Washington Law Review to commemorate the twenty-fifth anniversary of Mr. Justice Douglas on the Supreme Court of the United States is doubly appropriate. In the first place, his achievements during that important period of his life are in all respects worthy of review and contemplation. Secondly, it is fitting that a University of the great Northwest should make the synthesis at this midway stage of his brilliant judicial career because he is as much a Westerner in the old tradition as is to be found in public life today. Born in the Midwest, reared …

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Justice Douglas On Freedom In The Welfare State: Constitutional Rights In The Public Sector [Part 1], Hans Linde Apr 1964

Justice Douglas On Freedom In The Welfare State: Constitutional Rights In The Public Sector [Part 1], Hans Linde

Washington Law Review

Twenty-five years, in constitutional law, is a long enough span that at its end a generation is apt to confront the problems created by its solutions to the tasks it inherited at the beginning. In the years before Mr. Justice Douglas took his seat on the Supreme Court in 1939, the attention of the whole nation had been held by an epic of constitutional history—the decision whether American government had the constitutional power to cope with the economic and social crisis of a breakdown in the private economy. In 1937, the Supreme Court had unlocked the federal arsenal. The previous …

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The Douglas Concept Of God In Government, Leonard F. Manning Apr 1964

The Douglas Concept Of God In Government, Leonard F. Manning

Washington Law Review

Could it be that the protests provoked by Engel were engendered not so much by what the Court held or by what Mr. Justice Black wrote as they were by the absolutist, all-encompassing sweep of Mr. Justice Douglas' concurring opinion? After all, Mr. Justice Douglas had been the author of "accommodations" for religion" and he had quite clearly and forthrightly proclaimed that "We are a religious people whose institutions presuppose a Supreme Being." But now in Engel, as though there were more fundamental questions which demanded more fundamental answers, Mr. Justice Douglas suddenly "grew half sick of shadows" and gave …

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