Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Washington School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5041 - 5070 of 6130

Full-Text Articles in Law

A Critique Of "The Constitution And Job Discrimination", Jerre S. Williams Apr 1964

A Critique Of "The Constitution And Job Discrimination", Jerre S. Williams

Washington Law Review

Let this comment on Dean Countryman's article begin with a statement of those portions of his analysis with which the writer is in complete agreement. First, as a matter of general constitutional approach, I agree with his opposition to the assertion that there are ascertainable "neutral principles" of constitutional law. It seems inescapable to me that neutrality or lack thereof is in the eye of the beholder.

Go to article

The Constitution And Job Discrimination, Vern Countryman Apr 1964

The Constitution And Job Discrimination, Vern Countryman

Washington Law Review

I should perhaps state the assumptions from which my discussion proceeds. I view discrimination on the basis of race, color, national origin or creed as an intolerable practice and a mockery of our national aspirations whether it occurs in the field of employment or elsewhere. The continuation of such practices more than 100 years after the Emanicipation Proclamation seems to me a national disgrace whose elimination cannot longer await the general enlightenment of all parts of the nation. The full powers of government should be brought to bear against such discriminatory practices. And in my search for the most effective …

Go to article

Washington's Alien Land Law—Its Constitutionality, Theordore Roodner Apr 1964

Washington's Alien Land Law—Its Constitutionality, Theordore Roodner

Washington Law Review

The law, currently extant in Washington, denying aliens who have not declared their intention in good faith to become citizens of the United States the right to own land, and the constitutional provision to the same effect have their beginnings in prejudice and mob violence. Although the modern application of the law has been directed almost solely at the Japanese residents of the state, at its inception it was probably aimed at the Chinese.

Go to article

Critique On "The Constitution And Job Discrimination", William R. Ming, Jr. Apr 1964

Critique On "The Constitution And Job Discrimination", William R. Ming, Jr.

Washington Law Review

The Countryman basic thesis is sound. His analysis of the obligations of the several states is intriguing. But the history and nature of the problem of discrimination against Negroes in employment suggest that more be said of law and legal institutions in this area.

Go to article

Regulation Of Commercial Salmon Fisherman: A Case Of Confused Objectives, Ralph W. Johnson Jan 1964

Regulation Of Commercial Salmon Fisherman: A Case Of Confused Objectives, Ralph W. Johnson

Articles

To be blunt, the salmon boat fisherman is as obsolete as the buffalo hunter. The "secret'"—traps and weirs; they make salmon catching absurdly easy and can be operated at 1/20 to 1/30 the boat-catching costs. Hunting for salmon on the high seas is like chasing bees in a meadow. Why not wait until the bees return to their hive, or until the salmon return to their spawning stream? Hunting for salmon with boats makes economic sense as a temporary palliative to an unemployment problem; it makes economic nonsense as a permanent industry in a competitive society in a …

Go to article

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson Jan 1964

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson

Articles

Is the principle of free navigation, as applied to international rivers, relevant to present-day political and economic reality? Ordinarily, the first thing to be done in an article such as this is to define the principal term, i.e., "free navigation," or "navigational freedom." In this case it is impossible to give a single definition. The term, idea, concept, or rationale is a chameleon, changing its meaning from place to place and from time to time. A number of the following pages will be devoted to tracing these various meanings and showing the confusion that arises from their existence. Briefly, there …

Go to article

Poverty And Criminal Justice, Arval A. Morris Dec 1963

Poverty And Criminal Justice, Arval A. Morris

Washington Law Review

A conflict of the ideal of equality with reality exists today. Although our society has been characterized as affluent, there exist many citizens for whom reasonable legal fees appear unreasonable or impossible.

Go to article

Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway Dec 1963

Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway

Washington Law Review

No abstract provided.

Go to article

Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman Dec 1963

Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman

Washington Law Review

The purpose of this article is to exaimne-the nature of the powers of municipal corporations in Washington in relation to the powers of the state legislature. A municipal corporation has been defined by the Washington supreme court as a body politic established by law as an agency of the state-partly to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the incorporated city, town or district. Dependent upon the objective of the particular statute creating the body in question and the definition in such statute, the term "municipal corporation" …

Go to article

Comparison Of Washington And Federal Gift Taxes, Richard H. Williams Dec 1963

Comparison Of Washington And Federal Gift Taxes, Richard H. Williams

Washington Law Review

Generally, federal gift tax consequences are uppermost in the Washington lawyer's mind when he deals with gift tax problems. Consequently, certain differences in the Washington gift tax law are inadvertently overlooked. Although the Washington Act was patterned after the federal act of 1932, several important areas of difference do exist between the two statutes. The purpose of this comment is to explain portions of the Washington gift tax statute, while comparing and contrasting it with the Internal Revenue Code of 1954. The dearth of cases construing the Washington gift tax statute presents a problem in areas where the statute is …

Go to article

Judicial Notice Of Foreign Law, Robert L. Beale Dec 1963

Judicial Notice Of Foreign Law, Robert L. Beale

Washington Law Review

In 1936 the Commissioners on Uniform State Laws promulgated the Uniform Judicial Notice of Foreign Law Act. To date the Act has been adopted by twenty-eight jurisdictions, including Washington. Although the purpose of the Act was commendable, and the modernization it sought to achieve greatly needed, it seems that further action, either judicial or legislative is needed in some of the states where it has been adopted. Reform is particularly necessary in Washington. This comment will explore the Washington law prior to the enactment of the Uniform Act, the intent of the Act, and the actual effect that its enactment …

Go to article

Soviet Comrades' Courts, Harold J. Berman, James W. Spindler Dec 1963

Soviet Comrades' Courts, Harold J. Berman, James W. Spindler

Washington Law Review

A major aspect of Soviet criminal law reform since 1959 has been the transfer of certain judicial functions to Comrades' Courts, which are nonprofessional tribunals established to try petty offenses in enterprises, apartment houses, collective farms, universities, and elsewhere. These are called "social," rather than "state," agencies, because they are not staffed by civil servants but by volunteers and because they are conceived to perform a persuasive rather than a coercive function. Apart from their practical importance, they play an important part in symbolizing the theory that in the new period of "expanded construction of communism" there will be a …

Go to article

Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger Dec 1963

Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger

Washington Law Review

This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.

Go to article

Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper Jul 1963

Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper

Washington Law Review

In State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, a school district having no high school sought review of the procedure under which its pro-rata contribution to the building program of a neighboring high school district had been determined. The supreme court held that review by extraordinary writ was proper, and two aspects of its decision merit attention because of their implications concerning review of administrative action generally. First, although the district had proceeded under a writ of certiorari, which is by statute restricted to the review of "judicial" functions, the supreme court in deciding that review …

Go to article

Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr. Jul 1963

Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.

Washington Law Review

The Washington court denied the claim of General Motors that the Washington Business and Occupation Tax violated the due process and commerce clauses as applied to its interstate business of wholesaling new cars. The Tax Commission had determined that the activities of General Motors within the state subjected the corporation to this tax on its gross receipts.

Go to article

Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr. Jul 1963

Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.

Washington Law Review

In 1959 the state legislature passed a law enabling Washington to obtain federal-aid highway grants for the reimbursement of utility relocation costs incident to federal highway construction. In the recent case of Washington St. Hy. Comm'n. v. Pacific Northwest Bell Tel. Co., the Washington Supreme Court held this legislation to violate the state constitution.

Go to article

Criminal Law—Admissibility Of Confessions, Michael D. Garvey Jul 1963

Criminal Law—Admissibility Of Confessions, Michael D. Garvey

Washington Law Review

State v. Moore recently held that only two proper grounds exist for excluding a confession from evidence in a criminal trial: That it was obtained in violation of the due process clause of the fourteenth amendment to the federal constitution or that it has not met the test provided by Washington statute. The Washington Constitution provides that, "no person shall be compelled in any criminal case to give evidence against himself . . ."' But the court held that this provision does not apply to the admissibility of confessions. The defendant had been convicted of second degree burglary and grand …

Go to article

Criminal Law—Double Jeopardy, David W. Sandell Jul 1963

Criminal Law—Double Jeopardy, David W. Sandell

Washington Law Review

In State v. Connors, the Washington State Supreme Court held that a defendant had been placed in jeopardy when, sua sponte, a trial court erroneously declared a mistrial over his objection. A later retrial of the defendant therefore constituted double jeopardy.

Go to article

Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi Jul 1963

Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi

Washington Law Review

The Washington court in Weitman v. Grange Ins. Ass'n., enforced a gratuitious promise by a promisor-insurer that it would notify the promisee-insured of any lapse or termination in his insurance coverage.

Go to article

Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces Jul 1963

Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces

Washington Law Review

Defendant was charged with negligent homicide under RCW 46.56.0401 for causing the death of a pedestrian through the operation of a motor vehicle. The trial jury found the defendant guilty, but the trial judge entered an order arresting judgment and, in the alternative, granting a new trial. From this order the state appealed. In his trial memorandum, the judge ruled as a matter of law that the evidence was insufficient to show any causal relation between the defendant's state of intoxication and the resulting death to a pedestrian. The Washington Supreme Court in a 5-3 decision reversed and remanded with …

Go to article

Criminal Law—Insanity Defense To First Degree Murder Charge—M'Naghten Reaffirmed, John H. Binns, Jr. Jul 1963

Criminal Law—Insanity Defense To First Degree Murder Charge—M'Naghten Reaffirmed, John H. Binns, Jr.

Washington Law Review

Don Anthony White, a Negro in his mid-twenties, was convicted of first degree murder by a King County jury. In State v. White, the Washington Supreme Court (three judges dissenting) affirmed the conviction and sentence which directed that the death penalty be imposed.

Go to article

Damages—Attorney's Fees, Robert L. Beale Jul 1963

Damages—Attorney's Fees, Robert L. Beale

Washington Law Review

In Wells v. Aetna Insurance Co. the Washington court indicated an increasing friendliness toward the allowance of attorney's fees as damages. The plaintiff, Wells, had purchased a car from a used car dealer. The dealer had earlier made what the court called a "fictitious" sale to someone else, and had then assigned the conditional sales contract to a financing company, Hayden Mills & Associates, Inc. Apparently there was a record of this sale at the state license department, but no valid release was on file there. So when Wells applied for a new registration and a new title certificate, these …

Go to article

Practice And Procedure—Impeachment Of Verdicts By Jurors' Affidavits, Richard E. Keefe Jul 1963

Practice And Procedure—Impeachment Of Verdicts By Jurors' Affidavits, Richard E. Keefe

Washington Law Review

Gardner v. Malone, presents this problem: In what circumstances and by what evidence may a jury verdict be impeached for alleged misconduct in the jury-room? As an original proposition it would seem that, consonant with our notions of a fair trial, an improperly reached verdict should be subject to timely impeachment in every case. And further, there is no more logical means of proving such misconduct than by the testimony or affidavits of the jurors themselves. This, however, is not the law. Most American jurisdictions will not admit the testimony or affidavits of jurors to impeach their verdicts under any …

Go to article

Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr. Jul 1963

Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.

Washington Law Review

By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.

Go to article

Criminal Law—Search Incident To An Arrest, Hayes Elder Jul 1963

Criminal Law—Search Incident To An Arrest, Hayes Elder

Washington Law Review

In a recent case, State v. Michaels, the Washington Supreme Court announced a new rule for search and seizure incident to an arrest: the purpose of the arrest circumscribes the area and nature of the search.

Go to article

Torts—Assumption Of Risk, Virginia A. Oldow Jul 1963

Torts—Assumption Of Risk, Virginia A. Oldow

Washington Law Review

In Siragusa v. Swedish Hospital the Washington Supreme Court abolished the assumption of risk defense in suits brought by employees against their employers. Overruling prior decisions that were inconsistent, the court held that an employer has a duty to exercise reasonable care to provide his employees with a reasonably safe place to work, and may not assert as a defense to an action based on his breach of that duty, that the injured employee was aware or should have known of the negligently maintained condition. The court adopted the position of the Missouri and North Carolina courts that the employee …

Go to article

Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces Jul 1963

Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces

Washington Law Review

Until recently, a plaintiff who had suffered emotional injury normally had to show an accompanying physical harm in order to maintain a successful action for damages. His ability to recover for severe emotional distress unaccompanied by physical injury is being recognized by an increasing number of jurisdictions. The current situation is marked by the unsettled nature of the law. Reluctance to grant relief for such an injury has been based upon a desire to avoid not only fictitious claims, but also the litigation of trivialities and bad manners. However, even before this change in attitude by the courts, if some …

Go to article

Torts—Intersection Collisions—Deception, Robert L. Beale Jul 1963

Torts—Intersection Collisions—Deception, Robert L. Beale

Washington Law Review

The invitation to litigation issued by the Washington court when it decided Martin v. Hadenfeldtin 1930 was again accepted by counsel in Chavers v. Olad.

Go to article

Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi Jul 1963

Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi

Washington Law Review

The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.

Go to article

Torts—Monopoly—Medical Services, Ralph L. Hawkins Jul 1963

Torts—Monopoly—Medical Services, Ralph L. Hawkins

Washington Law Review

Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.

Go to article

First Prev Next Last