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Articles 5341 - 5370 of 5870
Full-Text Articles in Law
The Federal Discovery Practice Should Be Adopted By All States, Philip S. Van Cise
The Federal Discovery Practice Should Be Adopted By All States, Philip S. Van Cise
Washington Law Review
In September, 1938 new rules of procedure were adopted in the federal courts. Since then many of the states have abandoned their old codes and in the main followed the new federal procedure. If the only advantages were that lawyers, in the states which have adopted the new rules, can practice confidently in both courts, that would be sufficient justification for the change. But when we add to that the results that pleadings have been simplified, motion days largely dispensed with, trial dates expedited, facts laid on the table and not concealed until trial, contested cases shortened, and a large …
Trust-Fund Doctrine Revisited [Part I], James R. Ellis, Charles L. Sayer
Trust-Fund Doctrine Revisited [Part I], James R. Ellis, Charles L. Sayer
Washington Law Review
The foundation case in Amenca was an action to restore dividends paid out to shareholders by an insolvent bank, but from limited beginnings the trust-fund doctrine expanded to become a major legal weapon for corporate creditors under a wide variety of conditions. In this discussion we propose to treat separately three major aspects of the trust-fund problem: (1) the status of corporate insolvency, which was a condition precedent to the operation of the rule; (2) the rights of creditors against creditors; and (3) the rights of creditors against shareholders. Our analysis will be confined chiefly to the statutory and case …
Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang
Judicial Enforcement Of Restrictive Covenants In The United States, Yi-Seng Kiang
Washington Law Review
On May 3, 1948 the Supreme Court of the United States handed down two decisions prohibiting judicial enforcement of racial restrictive covenants on real property. It has been a peculiar feature of American life that residential segregation of designated minority groups from certain prescribed areas is a common practice in all major cities. This policy of racial discrimination at first was enforced by municipal ordinance, beginmng with that of Baltimore in 1910, and quickly followed by Atlanta, Richmond, Louisville, and other cities, until it was held unconstitutional by the Supreme Court in 1917. Thereafter restrictive covenants became the principal weapon …
Estate Plannning And Estate Tax Savings, By Edward N. Polisher (1948) And Estate Planner's Handbook, By Mayo Adams Shattuck (1948), Charles Horowitz
Estate Plannning And Estate Tax Savings, By Edward N. Polisher (1948) And Estate Planner's Handbook, By Mayo Adams Shattuck (1948), Charles Horowitz
Washington Law Review
The volumes under review are written primarily for attorneys dealing in the subject of estate planning. Mr. Polisher's emphasis is on the tax consequences of estate planning, accompanied, however, with numerous practical suggestions on the merits of various substantive provisions in the estate plan, looking to the minimization of tax liabilities. He discusses in readable detail the provisions of the federal estate and gift tax law (with incidental reference to income tax liability) as it affects both common law and community property. However, his discussion of community property in relation to federal taxes is rather brief. Mr. Shattuck's discussion is …
The Parliamentary System Of Government In India, Benegal Narsing Rau
The Parliamentary System Of Government In India, Benegal Narsing Rau
Washington Law Review
In a few weeks India will be actively engaged in framing the details of her new Constitution, which will be federal in structure and will embody the British parliamentary system of government both at the centre and in the units or states. At some of the earlier sessions of the Constituent Assembly, when the main principles of the new Constitution were being laid down, there was a fairly strong current of feeling in favour of the American presidential system and this found expression in certain decisions of the Assembly not only to the mode of election of the head of …
The Soviet Court As A Source Of Law, John N. Hazard
The Soviet Court As A Source Of Law, John N. Hazard
Washington Law Review
Common law lawyers feel themselves to be on unfamiliar ground when they try to understand the law of the Continent. They have learned to look at judicial decisions and to be sceptical of statutes until they see how they are applied by the courts. Civil law lawyers have not aided their common law colleagues. Civil law lawyers belittle the importance of court decisions and present their codes alone for examination. Soviet law, as one of the civil law family, has likewise been presented usually in terms of statutes, both to Soviet law students and to outsiders seeking to understand. There …
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Use Of Confessions And Admissions Of A Codefendant In Washington, Charles W. Blicker Ii
Washington Law Review
As a general proposition, anything that a party to an action has voluntarily said at any time, if relevant, will be admissible against him. In the case of two types of such statements, ordinary direct admissions and voluntary confessions, the legal principles and rationales underlying their admissibility are so well-recognized and self-evident as to occasion little confusion and less need for comment. However, in cases where a person is sought to be charged with a statement made by someone else (the so-called implied or adoptive admissions and the various types of vicarious admissions), the underlying rationalizations and applications of the …
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Washington Law Review
Reviews and comments, direct and indirect, upon this new casebook, developed in furtherance of Professor McDougal's views on the proper functions of law schools, have appeared in print in several places. From some comments a seriously distorted picture of the book and its possible use is almost unavoidable-a circumstance that has persuaded me that the experience of one professor in its use can be helpful.
Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard
Report Of Legislative Subcommitee On Justice Court Procedure, John H. Neergaard
Washington Law Review
Last year your Subcommittee on Practice and Procedure of Justices of the Peace and Inferior Courts, following the failure of the state Legislature to provide funds for a study, accepted the responsibility of making a report this year. Contact was immediately established with the local bar associations in the state and the prosecuting attorneys of the state. Most of the counties have from one to seven justices of the peace. Lincoln, Whitman, Okanogan, Lewis, Grant, Snohonish, and Yakima have eight to seventeen. Pierce County has twenty-one and King County fifty-three. Eighteen counties reported that there were no justices of the …
Report Of Committee On Divorce Laws, Roberta Kaiser
Report Of Committee On Divorce Laws, Roberta Kaiser
Washington Law Review
In accordance with the recommendations of the Committee on Divorce Law, as submitted to the 1947 State Bar Convention at Bellingham, work is now going forward on the drafting of specific statutory provisions making certain changes in the law It is contemplated that a bill will be ready for the coming Legislature incorporating the changes recommended by the Committee. It is also possible that certain additional changes may be made after the Committee has had an opportunity to study and confer on the proposed Uniform Divorce Law approved by the American Bar Association Committee.
Report Of Committee On Unauthorized Practice Of Law, Jack Freeman
Report Of Committee On Unauthorized Practice Of Law, Jack Freeman
Washington Law Review
At the first meeting of the Committee appointed by the Board of Governors as the Unauthorized Practice Committee for the year 1948, the members took up the matter of prime importance, that being the prospective action against the realtors of the state for unauthorized practice of the law It had before it the recommendation of the Board of Governors that a test case be brought in King County against the Washington Association of Realtors and certain individual realtors, but the Committee felt that perhaps prompter action could be obtained in some other county in the state, because of the crowded …
Report Of Committee On The Retirement Of Judges, Alfred J. Schweppe
Report Of Committee On The Retirement Of Judges, Alfred J. Schweppe
Washington Law Review
In December of 1946 the Committee on the Selection of Judges circulated the bar with a postcard ballot, covering mandatory retirement of judges at the age of seventy-five. The ballot resulted as follows: Total vote cast .......................... 942 In favor ......................................753 Opposed ...................................144 No opinion .................................. 45 The Committee on the Selection of Judges, which circulated that ballot, suggested a proposed constitutional provision carry compulsory retirement into effect in connection with an appropriate retirement plan to be established by the Legislature. That Committee accepted the view previously expressed by the State Judicial Council (to which the subject had earlier been …
Report Of Statutory Code Committee, Mark H. Wight
Report Of Statutory Code Committee, Mark H. Wight
Washington Law Review
The 1947 Legislature continued the work of the code revision and recompilation committee with specific instructions as to the scope of revision. It also directed the interim release of the various titles so that the code committee could get assistance by way of comments and criticisms.
Some Judicial Problems Facing China, Yu Kwei
Some Judicial Problems Facing China, Yu Kwei
Washington Law Review
The Chinese law and its courts were essentially modeled after or adopted from those prevalent in Continental Europe, that is, the so-called Continental system. The course was taken not because such a system was particularly good in itself nor because it was particularly suitable to China, it was rather a matter of chance than a matter of choice. At the time when the foundation of the present Chinese legal system was laid, most of the law devisers were educated in Japan or directly or indirectly influenced by Japan. As Japan followed the Continental system, especially the German Law, so the …
Progress Of The Law In China, Roscoe Pound
Progress Of The Law In China, Roscoe Pound
Washington Law Review
When I am asked to write on the law in China, I take it I am to use the term "law" in a wide sense, not only to include the codes and statutes but the organization of courts, application and interpretation of the codes and statutes, legal education, and the whole administration of justice as affected by or resulting from these things. I am able to speak with no little assurance on this subject, because since 1935 1 have made a full and careful study of the Chinese codes and legislation on legal subjects and since February, 1946, as adviser …
Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett
Collective Bargaining, Public Policy, And The National Labor Relations Act Of 1947, Donald H. Wollett
Washington Law Review
The underlying thesis of this critique is the notion that we are irrevocably committed to a federal labor policy of encouraging the establishment and maintenance of collective bargaining relationships. The economic wisdom of collective bargaining as a policy is somewhat beyond the scope of this discussion, yet some observations seem appropriate.
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
Washington Law Review
Waterfront property, though extremely popular in Washington, presents problems of ownership with which few residents are familiar. The effect of transitory water boundaries upon the divisible proprietary interests is especially complex since the present status of such boundaries is uncertain under our court's interpretation of the applicable statutes.
Use Of The Court Order Of Relinquishment In Adoption Proceedings In Washington, John W. Sweet
Use Of The Court Order Of Relinquishment In Adoption Proceedings In Washington, John W. Sweet
Washington Law Review
The necessity for the court order of relinquishment in adoption proceedings in Washington has until recently presented a confusing problem.
Community Property And Tort Liability In Washington, Howard P. Pruzan
Community Property And Tort Liability In Washington, Howard P. Pruzan
Washington Law Review
Of no small proportions was the task faced by the judges of this state when the legislature saw fit to superunpose upon our background of common law a system of community property, a development of the civil law And nowhere are the difficulties of reconciling these two conflicting systems felt more acutely than in the field of tort liability. In addition to inherent difficulties there is the urge which constantly influences judges to circumvent existing law when it requires turning away a just claimant empty-handed (or, what amounts to the same thing, turning hun away with a judgment winch cannot …
Suggested Changes In State Of Washington Laws Regulating Municipal Accounting, Arthur N. Lorig
Suggested Changes In State Of Washington Laws Regulating Municipal Accounting, Arthur N. Lorig
Washington Law Review
In connection with a recent interest in improving the accounting for municipalities of the state of Washington, chiefly sponsored by the Association of Washington Cities, there appears to be a growing conviction that some of the state laws regulating such accounting need revision. The interest is directed principally toward the laws dealing with municipal budgeting and it is felt by some that a complete revision of the budget laws is warranted. On the supposition that, until a thorough revision is made possible, some improvements of a lesser scope might be made, this article suggests desirable changes in the laws. The …
The Constitution Of The Union Of Burma, Benegal Narsing Rau
The Constitution Of The Union Of Burma, Benegal Narsing Rau
Washington Law Review
The Constitution of Burma, which came into force on January 4, 1948, has many features of great interest to the constitution-maker. In form and content, in magnanimous treatment of special regions and racial groups, and in speed of enactment, it provides an example well worth our attention at the present time. The writer of this article had the honour of being associated closely with the framers of the Constitution at almost every stage.
A Brief Outline Of The Growth Of Philippine Law, Ewald E. Selph
A Brief Outline Of The Growth Of Philippine Law, Ewald E. Selph
Washington Law Review
The Philippine Constitution was adopted pursuant to the mandate of the Tydings-McDuffie Law that it should be republican in form and contain a bill of rights. It contains a declaration of principles which includes five major items. These are: the Philippines are a republican state and sovereignty resides in, and all government authority emanates from, the people; national defense is the prime duty of government and all citizens may be required by law to render personal military or civil service; war is renounced as an instrument of national policy and the generally accepted principles of international law are adopted as …
File Wrapper Estoppel, O. M. Christensen
File Wrapper Estoppel, O. M. Christensen
Washington Law Review
Patent law cases are rare in Washington. Thys v. Rivard, the most recent, concerned patent infringement and turned on two important rules of patent law: the doctrine of equivalents and the doctrine of file wrapper estoppel. Although the former of these rules had confronted the court on an earlier occasion, file wrapper estoppel was presented for the first time by the Rivard case. File wrapper estoppel, a rule of patent construction, derives its name from the Patent Office file wrapper containing the record of proceedings leading up to the grant of the letters patent. If, when the Patent Office examines …
How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr.
How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr.
Washington Law Review
However, in the recent Washington case of Krops v. Jacobson, a tax title, procured through a judgment in foreclosure proceedings for delinquent taxes, was set aside as void, even though the taxes had not been paid. The reason assigned was that the foreclosure had been caused by the failure of the county treasurer to note upon the receipt given in payment for current taxes that certain back taxes were due. To the legislative direction that there shall be two exceptions to the conclusive effect of a judgment in tax foreclosure proceedings, the court has added a third—frustration of the taxpayer …
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Collateral Attack By Habeas Corpus Upon Federal Judgments In Criminal Cases, Frank A. Peters
Washington Law Review
Many lawyers never in their careers have occasion to employ the writ of habeas corpus. It is only natural that there should exist, even within the profession, widespread lack of knowledge about the substantive rights guarded by this great engine of release and the procedures involved in its use. This article is designed to demonstrate the scope and manner of using the writ to attack criminal judgments of sentence in federal cases.
Mongol Law—A Concise Historical Survey, V. A. Riasanovsky
Mongol Law—A Concise Historical Survey, V. A. Riasanovsky
Washington Law Review
Two basic systems of law, one Chinese, the other Mongol, coexisted in Eastern Asia. Because they arose from contrasting cultural bases, the systems were entirely different. Chinese law sprang from a settled agricultural way of life while the law of the Mongols arose from a nomadic, pastoral economy The Chinese developed the fundamental institutions of settled agrarian culture and law in the Far East which greatly influenced the peoples of Korea, Japan, Annam, and so forth. The Mongols unfolded the basic institutions of nomadic, pastoral law and culture which likewise affected the nomadic tribes of Asia which once formed parts …
Mongol Law—Later Developments, Lawrence Krader
Mongol Law—Later Developments, Lawrence Krader
Washington Law Review
Professor Riasanovsky's article carries us up to the year 1924. A new constitution for the Mongol People's Republic was adopted in 1940. It is an extraordinary document, and is reprinted herewith in order to complete the picture. By way of introduction the following additional facts are given.
Constitution Of The Mongol People's Republic, Anon
Constitution Of The Mongol People's Republic, Anon
Washington Law Review
Ulan-Bator, June 30, 1940.
Boundary Disputes In Washington, James R. Ellis
Boundary Disputes In Washington, James R. Ellis
Washington Law Review
Quarrels over the physical edges of land ownership still appear on court calendars with disturbing frequency, displaying their peculiar bitterness beyond all value involved. A major factor swelling this litigation has been confusion over the various legal doctrines available in these disputes. Boundary line problems are often capable of treatment on several similar grounds and occasionally present contradictory equities, but they need not be a legal quagmire. This comment will attempt to analyze certain of the formulae currently applied to boundary disputes in Washington with particular reference to the doctrines of Acquiescence and Recognition, Oral Agreement, and Estoppel in Pais. …
The Real Estate Broker's Statute In Washington, Lisle R. Guernsey
The Real Estate Broker's Statute In Washington, Lisle R. Guernsey
Washington Law Review
Shortly after its passage the validity of the statute was sustained against a constitutional attack on the ground of class legislation and the interference with the right of contract. In the case of sales of real property, only contracts between an agent or broker and an owner are covered by the statute. An "owner" includes one whose title is only equitable or a broker who is also an owner, but excludes one who merely has an option to buy land. The statute has been construed to cover only contracts to pay a commission. The test of what constitutes a commission …