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University of Washington School of Law

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Articles 5191 - 5220 of 6130

Full-Text Articles in Law

Corporations, Anon Jul 1960

Corporations, Anon

Washington Law Review

Summarizes one case of first impression on a law on ownership control of stock which is issued by a Washington corporation but held in another state by domiciliaries of the latter state.


Criminal Law, Robert G. Swenson Jul 1960

Criminal Law, Robert G. Swenson

Washington Law Review

Covers cases on discovery in criminal actions.


Domestic Relations, William L. Carter Jul 1960

Domestic Relations, William L. Carter

Washington Law Review

Covers cases on adoption—necessity of consent by natural parent—constitutitonal aspects.


Government Regulation, Robert W. Mckisson Jul 1960

Government Regulation, Robert W. Mckisson

Washington Law Review

Covers cases on fair trade regulation—"non-signer" provision unconstitutional.


Insurance, Thomas B. Grahn Jul 1960

Insurance, Thomas B. Grahn

Washington Law Review

Covers cases on the loan receipt.


Labor Law, Denny E. Anderson Jul 1960

Labor Law, Denny E. Anderson

Washington Law Review

Covers cases on the jurisdictional conflict between state courts and the National Labor Relations Board.


Local Government, Donna Berg Jul 1960

Local Government, Donna Berg

Washington Law Review

Covers cases on municipal corporations—power of eminent domain—condemnation of lands for resale to private industry and on zoning ordinances—power to require termination of nonconforming use.


Practice And Procedure, Raymond E. Brown Jul 1960

Practice And Procedure, Raymond E. Brown

Washington Law Review

Covers cases on summary judgment.


Sales, John F. Colgrave Jul 1960

Sales, John F. Colgrave

Washington Law Review

Covers cases on the implied warranty of fitness—partial reliance.


Security Transactions, Yancey Reser Jul 1960

Security Transactions, Yancey Reser

Washington Law Review

Covers cases on purchase-money mortgages and mechanics' liens—priorities.


Statutory Construction, Thomas B. Grahn Jul 1960

Statutory Construction, Thomas B. Grahn

Washington Law Review

Covers cases on retroactivity of legislation—Workmen's Compensation Act—host-guest statute.


Torts, Lloyd W. Peterson, Robert D. Duggan, Jorgen Bader, Raymond E. Brown Jul 1960

Torts, Lloyd W. Peterson, Robert D. Duggan, Jorgen Bader, Raymond E. Brown

Washington Law Review

Covers cases on violation of civil rights—damages (Peterson); on personal injuries as community property—res ipsa loquitur (Duggan); on defamation (Duggan); on storekeeper's liability (Bader); on children staying after school—invitees or licensees (Bader); and on attractive nuisances (Brown).


Wills And Probate, Lloyd W. Peterson Jul 1960

Wills And Probate, Lloyd W. Peterson

Washington Law Review

Covers cases on testate succession—rights of adopted children.


Workmen's Compensation, Donald A. Eide Jul 1960

Workmen's Compensation, Donald A. Eide

Washington Law Review

Covers cases on employees for the short term.


Recent Community Property Decisions, Toni C. Rembe Jul 1960

Recent Community Property Decisions, Toni C. Rembe

Washington Law Review

Covers cases on the character of federal savings bonds purchased with community funds and property acquired under installment purchase contracts.


Joint Tenancy For Washington?, Harry M. Cross Jul 1960

Joint Tenancy For Washington?, Harry M. Cross

Washington Law Review

Recurring proposals to make joint tenancy ownership generally available in Washington justify consideration of possible consequences of such a change from what has been the pattern of law since territorial days except for the aberration for a few years beginning in 1940. The absence of joint tenancies in general has probably put both the ordinary rules and the special complications of joint tenancy law beyond the ken of the typical Washington lawyer, hence a rudimentary summary of that law is desirable.


Restitution In Washington Contracts, Donald P. Lehne Jul 1960

Restitution In Washington Contracts, Donald P. Lehne

Washington Law Review

The scope of this Comment will be limited to discussion of restitution as an alternative remedy for a breach of contract by the defendant, and as a sole remedy for a plaintiff unable to enforce a contract by reason of his own breach, his non-performance of a condition, or the Statute of Frauds. Restitution as a remedy where no agreement has been entered into, or where an agreement is void or voidable, will not be treated, although some fraud and misrepresentation cases are cited for principles which are equally germane to the restitution discussion.


Some Observations On The Law And The Nature Of The Judicial Process, Robert C. Finley Mar 1960

Some Observations On The Law And The Nature Of The Judicial Process, Robert C. Finley

Washington Law Review

My purpose in mentioning some of these developments is to point out and to emphasize that the most constructive changes have occurred (1) in the field of procedural law, and (2) in judicial administration. The latter term of course largely refers to methods or mechanics for expediting and handling the business of the courts. The one significant area wherein we have lagged the most is in the field of substantive law evaluation, revision, and improvement.


The Law Of Adverse Possession In Washington, William B. Stoebuck Mar 1960

The Law Of Adverse Possession In Washington, William B. Stoebuck

Washington Law Review

Adverse possession is an anomaly in the law in that it is a system whereby a legal right is obtained through conduct which must be wrongful. Essentially it consists of the nonpermissive occupation of another's land until a statute of limitations bars his right to recover it. Unlike the usual statute of limitations situation, in which only a remedy is barred, in adverse possession the occupant acquires an affirmative legal right, an original title in fee simple. Clearly such a strange and drastic doctrine must spring from strong necessity. Desire to reward the occupant or punish the lax owner should …


Forum Non Conveniens In Washington—A Dead Issue?, Philip A. Trautman Mar 1960

Forum Non Conveniens In Washington—A Dead Issue?, Philip A. Trautman

Washington Law Review

The Washington Supreme Court in the recent case of Lansverk v. Studebaker-Packard Corp. held the doctrine of forum non conveniens not to be a part of the law of this state. Probably as good a description of the doctrine as can be found is set forth in the Lansverk case, namely, that although a court in which a transitory action is commenced has jurisdiction to hear and determine it, the court can, nonetheless, in its discretion decline to exercise its jurisdiction and dismiss the action whenever it appears that there is another forum available where trial will best serve the …


The Divorce Act Of 1949—One Decade Later, Luvern Rieke Mar 1960

The Divorce Act Of 1949—One Decade Later, Luvern Rieke

Washington Law Review

In the legislative session of 1949 a new divorce law was enacted. Proposed departures from the existing act had been reported to the State Bar Association. The objectives and contemplated effects of the new legislation were discussed in an article immediately after the act was adopted. Trouble was predicted Today, with ten years of experience under the act and in light of 172 reported opinions dealing with it, it seems appropriate to see what has occurred. The objective of this review is to identify, by placing together the related decisions of the Washington court, trends which have appeared and significant …


Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer Mar 1960

Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer

Washington Law Review

Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States, the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to …


The Scope Of Washington's Business And Occupation Tax, William L. Carter Mar 1960

The Scope Of Washington's Business And Occupation Tax, William L. Carter

Washington Law Review

For the privilege of engaging in business activities, Washington imposes a tax measured by the application of rates against value of products, gross proceeds of sales, or gross income of the business, as the case may be. Business is defined as including "all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly." This is an extremely broad base for taxation and, consequently, this tax has been one of great interest to the legislature, especially in recent years when it has provided considerable revenue for the state. …


The Columbia River System, Ralph W. Johnson Jan 1960

The Columbia River System, Ralph W. Johnson

Articles

In March, 1959; the International Columbia River Engineering Board submitted its report on the co-operative development of the river to the International Joint Commission. In December, 1959, that Commission submitted to the governments of Canada and the United States its recommendations for apportionment of benefits if co-operative development is undertaken. And thirdly, in the last two years there has been much attention directed at the Peace River development, which is considered by some as competitive with the Columbia. Let us examine the effects of these events on the Columbia River problem. A presentation for Panel II, Current Legal Problems Connected …


Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson Jan 1960

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

Articles

The dispute between the United States and Canada regarding the apportionment of the Columbia River is not settled. In March 1959, pursuant to the 1944 reference, the International Joint Conimission submitted to the governments of Canada and the United States a comprehensive engineering report on "Water Resources of the Columbia River Basin" prepared by the International Columbia River Engineering Board. This report contains three plans for utilizing the resources of the Columbia. Two of these plans include diversion of part or all of the Kootenay River into the Columbia at Columbia Lakes. All three plans would develop about the same …


Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson Jan 1960

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

Articles

In spite of the Boundary Waters Treaty of 1909, however, there are at least two reasons why our present topic is pertinent to the Columbia River question; first, there may be a question whether the 1909 treaty really does apply to this situation, and secondly, even if applicable the two countries may for a number of reasons desire not to rely upon its limited provisions for settlement. If the treaty is deemed not to be controlling, then other principles of international law become germane to the dispute, such as the question now before us.


Confessions And Criminal Procedure—A Proposal, George Neff Stevens Nov 1959

Confessions And Criminal Procedure—A Proposal, George Neff Stevens

Washington Law Review

The time has come to review in the light of United States Supreme Court decisions the procedures presently employed by state courts in testing the voluntariness of confessions in criminal cases. If these procedures be wanting, new procedures should be and must be devised which will give promise of assuring compliance with the standards established by these United States Supreme Court decisions.


Report On Clients' Indemnity Fund, Hilton Gardner Nov 1959

Report On Clients' Indemnity Fund, Hilton Gardner

Washington Law Review

Some years ago the American Bar Association started a study of clients' security funds and appointed a committee known as the Committee on Clients and Security Funds. This committee of the State of Washington had frequently been asked just what is such a fund. Now a clients' security fund is a fund voluntarily established by the bar association for the purpose of reimbursing clients in those few instances in which a lawyer, while the attorney-client relationship existed, has misappropriated his clients' funds. The American Bar Association committee recommended the establishment of such funds by both state and local bar associations.


Double Jeopardy And Dual Sovereignty, James M. Feeley Nov 1959

Double Jeopardy And Dual Sovereignty, James M. Feeley

Washington Law Review

This Comment has been prompted by two recent United States Supreme Court decisions, Bartkus v. Illinois, and Abbate v. United States. In the former decision Bartkus, the defendant, was tried in the Federal District Court for the Northern District of Illinois on December 18, 1953, for the robbery of a federally insured savings and loan association of Cicero, Illinois, in violation of a federal statute. There was a jury trial and Bartkus was acquitted. Then on January 8, 1954, Bartkus was indicted by an Illinois grand jury charging a violation of a state robbery statute. This time Bartkus was convicted, …


Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck Nov 1959

Contracts In Washington, 1937-1957: Part Iii, Warren L. Shattuck

Washington Law Review

Continues with conditions; and breach of promise as an excuse for failure to perform a return promise.