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Articles 5761 - 5790 of 6130
Full-Text Articles in Law
Recent Statutory Changes In The Washington Law Of Domestic Relations, Warren L. Shattuck
Recent Statutory Changes In The Washington Law Of Domestic Relations, Warren L. Shattuck
Washington Law Review
Discusses changes to Washington laws on the waiting period for the issuance of a marriage license and adoption relinquishment orders,
Donee Beneficiaries—Deckler V. Fowler, Warren L. Shattuck
Donee Beneficiaries—Deckler V. Fowler, Warren L. Shattuck
Washington Law Review
A and B contract, A promising B to render at a future date some performance to C. What are the legal relations between A and C? B and C? A hundred years ago the answers to these questions would have required consideration of something called "privity of contract" and might well have been "no legal relations". Today, however, we can, on the basis of many decisions, say with certainty that in most states A owes a contract duty to C on breach of which C may have the usual remedies of a contract obligee. In now accepted terminology C is …
The Spirit Of The Bar, R. L. Maitland
The Spirit Of The Bar, R. L. Maitland
Washington Law Review
The following address was given by R. L. Maitland, K. C., of Vancouver, B. C., at the meeting of the Washington State Bar Association at Spokane, July 22, 1939, which association voted to print the following address in this journal. Mr. Maitland is a distinguished member of the Canadian bar and was selected by the Canadian Bar Association to represent Canada at the American Bar Association meeting held this year just prior to the meeting of the Washington Bar Association.
Disregarding The Entity Of Private Corporations [Part 1], Charles Horowitz
Disregarding The Entity Of Private Corporations [Part 1], Charles Horowitz
Washington Law Review
Although the device of incorporation has a number of advantages over other types of business organization such as partnerships, joint stock companies, and common law trusts, the advantage that has held the greatest appeal to prospective stockholders has been the advantage of limited liability. This advantage probably accounts for the widespread popularity of incorporation as a business device. In the last 100 years corporate growth has been such that it dominates the business life of the country. It has become apparent with the passage of time, however, that the device of incorporation can be used in such a way as …
The Duty To Read An Insurance Policy In Washington, Willard J. Wright
The Duty To Read An Insurance Policy In Washington, Willard J. Wright
Washington Law Review
Washington follows this general contract rule but the court appears willing to mollify its hardship in some instances by liberally construing the term "fraud". Thus in Stone v. Moody the plaintiffs signed a contract without reading it and the court allowed them a recission on the ground that the contract contained such an "unconscionable" clause that it was plain the plaintiffs would never have agreed to it if they had known of it. Unless it can be said that the defendant—who read the contract to the plaintiffs and omitted to read the clause in question—induced the plaintiffs not to read …
Exemptions Of Remainder Interests In The Inheritance Tax Statute Of The State Of Washington, Earl K. Nansen
Exemptions Of Remainder Interests In The Inheritance Tax Statute Of The State Of Washington, Earl K. Nansen
Washington Law Review
Three recent cases involving the application of the inheritance tax statute of the State of Washington have raised some problems which should receive immediate attention. The statute provides three different schedules of rates, the schedule applicable to any gift being determined by the relationship of the beneficiary to the deceased. Class A includes any devise, bequest, legacy, gift or beneficial interest to any property or income therefrom which shall pass to or for the use or benefit of any grandfather, grandmother, father, mother, husband, wife, child or stepchild, or any lineal descendant of the deceased. The schedule of rates for …
The Presumption Of Death From Absence As Affecting The Statute Of Limitations And The Nonpayment Of Premiums In Life Insurance Cases, Kenneth Cox
Washington Law Review
The doctrine that seven years' unexplained absence from home will raise a presumption that the missing person is dead has proved a troublesome one to apply in the insurance cases in which, modernly, it is chiefly called into play. As long as it is merely employed to establish the death of a missing spouse, in order to allow remarriage by the survivor, or in order to permit the distribution of the missing person's estate, or in many of the other situations where it is relied upon to establish the fact of death, the courts have little difficulty with the presumption. …
Suggested Improvements In The Law Of Evidence, Alfred J. Schweppe, Edwin Gruber, Robert M. Jones, Charles M. Moriarty, Judson F. Falknor, Walter B. Beals
Suggested Improvements In The Law Of Evidence, Alfred J. Schweppe, Edwin Gruber, Robert M. Jones, Charles M. Moriarty, Judson F. Falknor, Walter B. Beals
Washington Law Review
The Washington Committee on Judicial Administration assigned a section of its membership to study the law of evidence in the state of Washington in the light of the Reports of the Section of Judicial Administration of the American Bar Association, published in July, 1938. The observations and recommendations of the Washington Section on the Law of Evidence appear in the following report.
A General Review Of The Work Of The 1939 Washington Legislature, Eugene C. Luccock, Max Kaminoff
A General Review Of The Work Of The 1939 Washington Legislature, Eugene C. Luccock, Max Kaminoff
Washington Law Review
Probably a careful attempt to evaluate legislative activity should take into consideration the opportunities for enacting bad laws which were avoided and the opportunities for enacting good laws which were passed by. A comparative analysis of what the legislature has refused to do as well as what it has done might better reflect the operation of political democracy at work than a bare survey of the "end products", so to speak, as reflected in the paper and ink additions to the body of existing law. In the instance of the twenty-sixth session of the Washington Legislature, the latter consist of …
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
The Supreme Court's Duty To Defend The Constitution, George Stewart Brown
Washington Law Review
It is repeatedly claimed in high places that the action of the Supreme Court in declaring acts of Congress unconstitutional is a usurpation on the part of the judges. This assertion is sometimes made by college professors, sometimes by statesmen and sometimes even by lawyers. On the contrary, in exercising that power the Supreme Court merely declares that the will of the people of the several states in ratifying their federal compact shall remain supreme over attempted usurpation of power by their agents in the federal legislature. When John Marshall proclaimed that power in the famous case of Marbury v. …
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Washington Law Review
That the dictates of the law and the principles of common morality are not always blended to perfection is not a startlingly new pronouncement. Undoubtedly the courts use every legitimate means at their disposal in forming their decrees to enforce conduct that we are pleased to regard as called for in the name of simple honesty. But in at least one situation the Statute of Frauds has appeared to many courts to prevent a decree harmonizing law and justice. The type situation is that P, being desirous of purchasing a piece of realty, orally engages A to negotiate the purchase …
Statutory Limitation Of Innkeepers' Liability, George M. Martin
Statutory Limitation Of Innkeepers' Liability, George M. Martin
Washington Law Review
Many of the earliest cases of which reports are extant deal with the liability of the innkeeper to his guest, and the earliest known Roman law gave an action against the innkeeper if the baggage of the guest was in any way damaged, lost or stolen. At common law the innkeeper was the insurer of the baggage of his guest. He was under an absolute liability unless he could prove that the loss was caused by an Act of God, the public enemy, by the act of the guest or of the guest's servants. This absolute liability was extended to …
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Judicial Notice Of The Law Of Sister States Under The Full Faith And Credit Clause Of The Federal Constitution, Donald G. Simpson
Washington Law Review
A year ago in the case of State v. Johnson the court approved the admission in evidence of certified photostatic copies of fingerprint records from penitentiaries of Oregon and California to prove the identity of the defendant as a prior inmate of those institutions. The court relied on a federal statute which, under authority of Article IV, § 1, of the Federal Constitution, sets forth the procedure for certification of records that was followed in that case. It therefore became necessary for the court to investigate the laws or usages of the Oregon and California courts to determine whether or …
Reports Of Committees, S. Harold Shefelman, O. B. Thorgrimson, E. N. Eisenhower, S. M. Brackett
Reports Of Committees, S. Harold Shefelman, O. B. Thorgrimson, E. N. Eisenhower, S. M. Brackett
Washington Law Review
Contains reports from the following committees of the Washington State Bar Association: Annotations to the Restatement of Law, Cooperation with American Bar Association, Corporation Law, Discipline and Disbarment, Judicial Administration, Law Enforcement, Law Examiners, Legislative Committee, Public Relations, Selection of Judges, and Unauthorized Practice of Law. Includes the auditor's report.
Control Of Fisheries Beyond Three Miles, Edward W. Allen
Control Of Fisheries Beyond Three Miles, Edward W. Allen
Washington Law Review
Our Pacific Northwest has attained worldwide recognition from the fact that here a successful system was initiated by two independent nations for the conservation of a deep sea fishery. Now it appears probable that the threatened disruption of this system may in turn give birth to new conceptions of international law. Strictly legal phases of this situation are so interwoven with the economic and the diplomatic that a factual as well as a legal background is essential to their complete appreciation.
A Constitution For An Indefinite And Expanding Future, Thomas Reed Powell
A Constitution For An Indefinite And Expanding Future, Thomas Reed Powell
Washington Law Review
It was my thought, when I mis-picked my title, to go with you back a hundred and fifty years to the framing and adoption of the Constitution and assess the wisdom of the Fathers in the light of what has since come to pass. In this thought there was the wisdom that in my barrel there were a number of unpublished papers that might be dusted off for the new occasion if pressure of other duties left no time for more than dusting. These various papers contained much local color that could find no counterpart in the State of Washington. …
Changes Suggested In Washington Practice And Procedure: Comparative Analysis Of State Rules And Statutes With New Federal Rules Points To Desirable Amendments, George Donworth, Laurence B. Hamblen, Elwood Hutcheson, John S. Robinson
Changes Suggested In Washington Practice And Procedure: Comparative Analysis Of State Rules And Statutes With New Federal Rules Points To Desirable Amendments, George Donworth, Laurence B. Hamblen, Elwood Hutcheson, John S. Robinson
Washington Law Review
In accordance with action taken at the July Convention of the Washington State Bar Association, the Board of Governors appointed a committee (Paul P. Ashley of Seattle, chairman) on Judicial Administration to concern itself with the matters considered and reported upon by the section on Judicial Administration of the American Bar Association. This committee divided itself into sections, and to each was assigned one of the subjects under consideration, including Pre-trial Procedure, Improvement in the Law of Evidence, Trial Practice and Administrative Agencies and Tribunals. Among other things the American Bar Association recommended that the State Bar Associations undertake to …
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Washington Law Review
In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be …
Early Washington Marital Property Statutes, Cyril Hill
Early Washington Marital Property Statutes, Cyril Hill
Washington Law Review
Twenty years prior to statehood, the legislature of the Territory of Washington adopted the Community Property System. For nearly seventy years the courts have struggled with its provisions. Although the original act was copied largely from a statute adopted in California in 1850, such changes have been made, that the system in Washington may be regarded as unique. The adoption of the system in its present form was not accomplished by one stroke of the pen. Rather, it has had a checkered career. The original statute passed in 1869 was followed by a marital partnership property act approved November 29, …
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Bibliography Of Selected Matrials Relating To The Law Of Community Property, Arthur S. Beardsley
Washington Law Review
The following bibliography lists the familiar titles on the subject of Community Property but adds items from the periodical literature and annotations together with many unpublished theses contained in the collection of the University of Washington Law Library. The classification plan is very general as a detailed one is not required.
Meet The Average Lawyer: How Many Prospective Clients Has A Lawyer Practicing In The State Of Washington?, Anon
Washington Law Review
According to the law of averages, each of 2,575 lawyers admitted to practice in the state of Washington has 607 of the state's 1,563,393 inhabitants as a potential clientele. But if he restricts his activities to a particular locality, this theoretical "average" lawyer may have anywhere from 357 to 2,012 prospective clients, for if he makes his headquarters in King County he will share 463,517 inhabitants with 1,297 other lawyers, his quota being 357, while if he chooses to practice in Mason County he will be one of five lawyers in a county of 10,060 population, 2,012 of whom are …
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Washington Law Review
Among the unique characteristics of our federal system of government is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make contracts, and can hold property, both real and personal. Under this power to own property in its own right the United States has become a great landed proprietor, owning many tracts of land within the …
Contracts To Devise Real Property, Willard J. Wright
Contracts To Devise Real Property, Willard J. Wright
Washington Law Review
Contracts to devise real property are frequently entered into and are generally held to be a valid mode of transferring realty. Very properly the courts view such contracts with suspicion, especially when orally made. In order to prove the contract to devise real property some states require that it be in writing, otherwise it will be deemed void. But the majority of courts are not so strict and an oral contract if adequately proven is satisfactory. However, in proving oral contracts some states require that the contract be proven "independent of the performance" while other courts including Washington are more …
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels
Washington Law Review
Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …
Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman
Fair Labor Standards Act Of 1938: The Recent Congressional Enactment Pertaining To Wages, Hours And Child Labor, S. Harold Shefelman
Washington Law Review
Space will not permit of a comprehensive enumeration of the provisions of the Act or of the problems which have already arisen in its application, but an attempt will be made to briefly state and discuss its salient features and the more important problems which have arisen to date, and in conclusion reference will be made to the problem of constitutionality which is ever present in pioneering social and economic legislation.
The Codes And Code Makers Of Washington, 1889-1937, Arthur S. Beardsley
The Codes And Code Makers Of Washington, 1889-1937, Arthur S. Beardsley
Articles
Under the provisions of the Organic Act of Washington Territory, Congress had agreed to provide for the publication of the territorial statutes; hence, so long as Congress was willing to assume the cost of the publication of these territorial laws under the guise of a codification of the statutes, but little attention toward the preparation of a compilation, in the form in which this term is generally understood, was likely. The agitation for statutory reform, which consumed no small part of the time of the various territorial legislative sessions, was not motivated by a hope for a code of the …
Bibliography Of Selected Material Relating To The Law Of Community Property, Arthur S. Beardsley
Bibliography Of Selected Material Relating To The Law Of Community Property, Arthur S. Beardsley
Articles
The following bibliography lists the familiar titles on the subject of Community Property but adds items from the periodical literature and annotations together with many unpublished theses contained in the collection of the University of Washington Law Library.
Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern
Liquidation Under The Chandler Act: Bankruptcy Practice And Procedure Is Changed By Act Of Congress Effective September 22, 1938, Leopold M. Stern
Washington Law Review
In 1938 Congress enacted the Chandler Bill, which became effective September 22, 1938. Its purpose, among other things, as explained by the House Judiciary Committee report, was to clarify certain of the definitions and to add desirable new definitions, to straighten out certain overlapping provisions, to increase efficiency in administration, to make clearer certain ambiguous provisions, to improve the procedural sections of the act, and in general to modernize and bring up to date the bankruptcy law of our country. Congress went somewhat further than a mere modernization of the existing statute. It expanded the law by adding chapters on …
Briefs Improved Under New Rule: "Statements Of Questions Involved" Effectively Used During September Term, Although Some Misunderstanding Remains, Anon
Washington Law Review
A survey by this journal of briefs filed in the September term of court under this new subsection of Rule 16 indicates that while the purpose and effect of this rule are well understood and properly applied by the majority of appellants presenting briefs during the current term of the Supreme Court, a considerable number of brief writers did not employ this rule as properly and usefully in the interest of their clients and of the understanding of the court as might have been hoped. Some lawyers apparently did not make use of their opportunity to study the preliminary explanation …
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Criminal Law—Perjury—Depositions—Suggested Legislation, John N. Rupp
Washington Law Review
By an amended information, in a recent Washington case, respondent was charged with the crime of perjury in the first degree, the information alleging that respondent came before a notary public for the purpose of giving his deposition which was to be used in a pending civil case, that he was sworn according to law to tell the truth, and that he thereupon testified falsely with the intent that his testimony as written in the deposition be used in that civil case. It affirmatively appeared, both from the allegations of the original information and from the state's admission in open …