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Articles 5071 - 5100 of 6130

Full-Text Articles in Law

Torts—Nuisance Per Se, L. William Houger Jul 1963

Torts—Nuisance Per Se, L. William Houger

Washington Law Review

Macy v. Chelan perpetuated the confusion which has long existed about the concept of nuisance per se.

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Torts—Prenatal Injury, Beverly Rosenow Jul 1963

Torts—Prenatal Injury, Beverly Rosenow

Washington Law Review

Seattle-First National Bank v. Rankin is the first Washington case allowing recovery for injuries suffered before birth because of negligence. By recognizing a cause of action for prenatal injuries, this jurisdiction joins the trend of recent decisions in the area.

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Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder Jul 1963

Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder

Washington Law Review

"We... hold that a person is not automatically ineligible for unemployment compensation simply because he engages in some remunerative activity of a personal or self-directed nature. Respondent... was unemployed within the meaning of RCW 50.04.310."' In these words the Washington Supreme Court permitted the recovery of unemployment compensation, under our statute, by a claimant who, though temporarily unemployed, assisted in the operation of his dairy farm.

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Wills—Testamentary Capacity—Insane Delusions, John S. Calvert Jul 1963

Wills—Testamentary Capacity—Insane Delusions, John S. Calvert

Washington Law Review

In re Meagher's Estate apparently establishes a new rule requiring that the contestant of a will on the ground of insane delusions must show that the delusion, exclusive of any rational motive, was the controlling cause in the disposition of the property.

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Torts—Unavoidable Accident Instruction, L. William Houger Jul 1963

Torts—Unavoidable Accident Instruction, L. William Houger

Washington Law Review

Cooper v. Pay-N-Save Drugs, Inc., and Schultz v. Cheney School Dist. concerned the use of the unavoidable accident instruction by trial courts. The court held that the giving of the instruction was error in the Cooper case but not error in the Schultz case.

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Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr. Jul 1963

Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.

Washington Law Review

No abstract provided.

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Torts—Gross Negligence Under The Guest Statute, Dwayne Copple Jul 1963

Torts—Gross Negligence Under The Guest Statute, Dwayne Copple

Washington Law Review

The first definitive interpretation of "gross negligence" within the meaning of the 1957 amendment to the Host-Guest Statute has been given by the Washington court in the case of Crowley v. Barto.

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Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin Jul 1963

Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin

Washington Law Review

In Deering Milliken, Inc. v. Johnston, the Court of Appeals for the Fourth Circuit held that a district court had jurisdiction to enjoin a regional director of the National Labor Relations Board from proceeding with certain further hearings that the Board had ordered. The court of appeals decided that the plaintiff was not precluded from turning to the district court for protection of its rights, because there were no administrative remedies available.

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Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins Jul 1963

Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins

Washington Law Review

In the recent case of United States v. Aarons, the failure of the Coast Guard to publish one of its substantive rules in the Federal Register was held not to bar conviction for violation of the rule where the defendants had actual knowledge of the contents of the rule violated. In so holding the Court of Appeals for the Second Circuit refused to follow the Ninth Circuit decision to the contrary in Hotch v. United States.

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Constitutional Law—Federal Recess Appointments, Theordore Roodner Jul 1963

Constitutional Law—Federal Recess Appointments, Theordore Roodner

Washington Law Review

Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first …

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Creditor's Rights—Bankruptcy—Section 70(C)—Actual Creditor Required, John S. Calvert Jul 1963

Creditor's Rights—Bankruptcy—Section 70(C)—Actual Creditor Required, John S. Calvert

Washington Law Review

In Pacific Finance Corp. v. Edwards the United States Court of Appeals for the Ninth Circuit interpreted § 70(c) of the Bankruptcy Act to mean that the trustee acquires the status of a hypothetical lien creditor only if there is an actual creditor who could have acquired a lien on the date of the petition in bankruptcy.

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Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe Jul 1963

Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe

Washington Law Review

This note concerns the conflict between federal and state law in a difficult though narrow area which is representative of broader problems in contemporary federalism. Specifically, the subject is the clash between the survivorship provisions of United States savings bonds and state community property laws, as evinced in two recent cases, Free v. Bland and Yiatchos v. Yiatchos. These cases will be examined while seeking an answer to two questions: "How were the cases actually decided?" and "How should they have been decided?"'

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Conflict Of Laws—Policy Of The Forum As Basis Of Conflicts Rules, David W. Sandell Jul 1963

Conflict Of Laws—Policy Of The Forum As Basis Of Conflicts Rules, David W. Sandell

Washington Law Review

In Richards v.United States, the United States Supreme Court faced a conflict of laws problem arising under the Federal Tort Claims Act.

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The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson Apr 1963

The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson

Washington Law Review

This article deals with the organization, qualifications and roles of lawyers in U.S.-Japanese transactions, with emphasis on the liaison lawyer. It is not easy for the liaison lawyer to define his specialty because it is determined by the transactions, and they sprawl across the borders of two or more countries and cut across multiple fields of substantive law. Some awkward professional problems and postures can result. First, there are unusual threshold problems of language and multiple bar membership, different professional ethics and scopes of practice, and conflicting governing laws. Then once in the practice, the liaison lawyer's inventory of useful …

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Joint Ventures In Japan, Carl J. Bradshaw Apr 1963

Joint Ventures In Japan, Carl J. Bradshaw

Washington Law Review

In most aspects of establishment and operation, joint venture corporations do not differ from any other corporate enterprise. A joint venture operating in a foreign country encounters daily problems of negotiable instruments law, property law and insurance law, to name but a few, in the same way that every corporation in that country does. Thus, it may seem presumptuous to write about joint ventures in a particular country unless one is willing and able to produce a comprehensive survey of that country's legal system. There are several areas of the foreign law, however, which are primary, in terms both of …

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The New Japanese Approach To The Taxation Of Foreign Individuals And Enterprise, Griffith Way Apr 1963

The New Japanese Approach To The Taxation Of Foreign Individuals And Enterprise, Griffith Way

Washington Law Review

It is only partly true that the lack of materials on Japanese taxation which are available to the foreign lawyer in English is the result of difficulties of language or a lack of familiarity with the legal and tax systems. Rather more it seems to reflect the Japanese bar's own lack of interest in the subject, a large part of which is occasioned by the lack of tax litigation. The tax field has been long and well occupied by the government tax economist on the one hand and the ordinary accountant on the other; the lawyer's role has been peripheral. …

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North Pacific Fisheries Treaties And International Law Of The Seas, Beverly J. Rosenow Apr 1963

North Pacific Fisheries Treaties And International Law Of The Seas, Beverly J. Rosenow

Washington Law Review

Fisheries problems in the North Pacific are not new. In the past century, disputes between nations have developed over whaling, fur sealing, halibut and salmon fishing. Currently, crises are again in the making concerning the utilization of certain fishery stocks of this area. The purpose of this comment is to provide a framework of international law of the sea concepts within which the current problems can be examined.

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Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens Apr 1963

Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens

Washington Law Review

It is the purpose of this paper to discuss and compare the procedure for admission to the bar and the grounds for disbarment and disqualification of lawyers in Japan and the United States.

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Letters Of Credit In Japanese-United States Trade, Kohei Izawa, Kazuaki Sono, Warren L. Shattuck Apr 1963

Letters Of Credit In Japanese-United States Trade, Kohei Izawa, Kazuaki Sono, Warren L. Shattuck

Washington Law Review

In the long history of international trade the main points of friction have been assurance of payment for the seller and assurance of delivery for the buyer. Where there is business to be done, traders have, over the centuries, usually found ways and means. From their practices have evolved the familiar modern lubricants for these friction points, letters of credit (which will be referred to hereafter as "credits"), insurance contracts, bills of lading, and the inspection services offered by various private and governmental agencies. The credit in the form we now know it developed during the nineteenth century and is …

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Japanese Equity Financing With Special Reference To Issues In The United States, John B. Christensen Apr 1963

Japanese Equity Financing With Special Reference To Issues In The United States, John B. Christensen

Washington Law Review

Japanese industry since the war has been characterized by a very high rate of growth and a severe shortage of equity capital. Given the attractions of this high growth rate coupled with the political and economic stability of the country, it was natural that foreign equity investment would be attracted to Japan. This is particularly true in view of the disturbed conditions existing in other capital-short areas of the world and the recent stagnation in investment demand in the United States, the largest exporter of capital. This mating of supply with demand has not been without its difficulties, however. The …

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Brief Of Respondent - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963)) Jan 1963

Brief Of Respondent - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

State v. McCoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

No abstract provided.

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Brief Of Appellant - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963)) Jan 1963

Brief Of Appellant - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

State v. McCoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

No abstract provided.

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Brief Of Amicus Curiae - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963)) Jan 1963

Brief Of Amicus Curiae - State V. Mccoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

State v. McCoy, Docket No. 36224 (63 Wash. 2d 421 (Dec. 19, 1963))

No abstract provided.

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A Comment On Damages In Unlawful Detainer Actions In Washington, Cornelius J. Peck Dec 1962

A Comment On Damages In Unlawful Detainer Actions In Washington, Cornelius J. Peck

Washington Law Review

One might hope that the damage aspects of litigation under a statute enacted in 1891 would now be so well explored and thoroughly understood as to be beyond the area of current comment. However, the product of the years has been an accumulation of inconsistent and ambiguous statements as well as a few instances of obvious conflict between decisions, all of which goes to make a review appropriate. Moreover, a recent decision of the supreme court in a case which has already been noted in these pages holds that set-offs and counterclaims cannot be adjudicated in unlawful detainer proceedings—a holding …

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Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach Dec 1962

Community Property Agreements—Many Questions, Few Answers, Robert F. Brachtenbach

Washington Law Review

The statute which creates the husband-wife contract commonly referred to as the community property agreement was first enacted by the Territorial Legislature of 1879. Today's statute is RCW 26.16.120.2 A 1950 Law Review Comment' made a comprehensive analysis of many of the issues raised by the community property agreement. Reference is made to the Comment for background material. This article has a dual purpose: first, to inquire further into some of the issues discussed in the 1950 Comment with particular and detailed attention to creditors' problems, and second, to examine today's practice as to the use of these agreements, looking …

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The Challenge Of Apportionment, Donald B. King Dec 1962

The Challenge Of Apportionment, Donald B. King

Washington Law Review

During the past half century, one of the most significant problems in the area of community property has been the apportionment of income or of an increase in value in situations involving the expenditure of community labor on separate property. Arising out of a conflict between fundamental community property concepts, this problem has served to perplex lawyers and judges alike. Confronted with the problem, courts have designed a number of systems of apportionment with wide-ranging consequences. Some of these systems, however, are inequitable, others are inflexible, and still others lack any definite criteria. Despite the efforts devoted toward solving this …

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Choosing The Share Structure Of A Washington Business Corporation, Douglas Shaw Palmer Dec 1962

Choosing The Share Structure Of A Washington Business Corporation, Douglas Shaw Palmer

Washington Law Review

The principals in a business corporation can make part of their investment in the corporation in the form of loans, and they can defer decision on this until after incorporation. They must, however, make some part of their investment in the form of an ownership or share interest, and they must provide for this in their articles of incorporation. For Washington corporations the choice of these provisions is needlessly complicated by the existing Business Corporation Act. And no improvement is in sight under the American Bar Association- American Law Institute Model Business Corporation Act (hereinafter, "Model Act") which is being …

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Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey Dec 1962

Letters Of Credit—A Comparison Of Article 5 Of The Uniform Commercial Code And The Washington Practice [Part 2], Warren L. Shattuck, Lisle R. Guernsey

Washington Law Review

No abstract provided.

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Washington Receivership, Ray Graves Dec 1962

Washington Receivership, Ray Graves

Washington Law Review

A full discussion of the historical development of the law of receivership, of the powers and duties of the numerous kinds of receivers, and of the advantages or disadvantages of receivership as contrasted with bankruptcy and other devices, is beyond the scope of this article. This discussion is limited to an examination of some of the rules governing appointment of general liquidating receivers in the State of Washington. Within that framework we shall examine two facets of the law, viz., (a) the sources and general rules of the law of receivership in Washington, and (b) the procedures to be followed …

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Turnbow V. Commissioner—Rejection Of The "Boot" Exception To A Type B Reorganization?, F. Robert Debruyn Dec 1962

Turnbow V. Commissioner—Rejection Of The "Boot" Exception To A Type B Reorganization?, F. Robert Debruyn

Washington Law Review

The United States Supreme Court in Turnbow v. Commissioner may have interpreted the Internal Revenue Code to preclude the receipt of "boot" in a non-taxable, stock for stock reorganization. Although the Court was interpreting the application of Section 112 of the 1939 Code, the decision may be decisive in the interpretation of the parallel sections in the 1954 Code.

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