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Articles 5821 - 5850 of 6130

Full-Text Articles in Law

President's Address, W. G. Mclaren Nov 1937

President's Address, W. G. Mclaren

Washington Law Review

Delivered at the Bellingham meeting, August, 1937.

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The Functions Of A Trial Committee Under The State Bar Act, De Wolfe Emory Nov 1937

The Functions Of A Trial Committee Under The State Bar Act, De Wolfe Emory

Washington Law Review

I have been asked to talk today upon the functions of Trial Committees as they exist under the State Bar Act. The act, as you know, was enacted in 1933 and created a body corporate therein designated as "an agency of the state" to be known as the Washington State Bar Association, vesting in it the right to sue and be sued, hold property and to do those other things which are ordinarily incidental to the existence of a corporate entity. The members of the Association are the lawyers of this state, and the Association is governed by a Board …

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The Doctrine Of Constructive Fraud In The Washington Law Of Taxation, John N. Rupp Jul 1937

The Doctrine Of Constructive Fraud In The Washington Law Of Taxation, John N. Rupp

Washington Law Review

Two recent Washington decisions, Bellingham Development Co. v. Whatcom County and Grays Harbor Pac. R. Co. v. Grays Harbor County present separate phases of a problem which has been frequently considered by the Supreme Court of Washington and concerning which that court has formulated a general rule: namely, that the court will relieve a taxpayer from the burden of an excessive tax where the conduct of the taxing officers has been so improper that it can be called "constructively fraudulent", even though the officers acted in good faith. The rule is clearly a proper one, but, like so many "general …

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Admissions, Edmund M. Morgan Jul 1937

Admissions, Edmund M. Morgan

Washington Law Review

In Greenleaf's first edition, he adopted the dictum of Mascardus that an admission is not evidence but a substitute for proof. This was repeated in the first fourteen editions following, was copied by Taylor, was accepted by Wharton, apparently acquiesced in by Thayer, and later strenuously insisted upon by Professor Gifford at Columbia. Unless the dictum be given the interpretation put upon it by Gifford, that it takes the place of proof so long as the jury does not disbelieve it, it would seem to mean that an extra-judicial admission stands on the same basis as an admission made in …

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The American Bar And The Supreme Court Proposal, F. H. Stinchfield Apr 1937

The American Bar And The Supreme Court Proposal, F. H. Stinchfield

Washington Law Review

The issue regarded most seriously was, of course, the proposed increase of the Supreme Court, and, a bit more incidentally, the changes of the lower Federal Courts. Against such an increase the American Bar Association was emphatic. Thirteen out of every fifteen members said no such result can be permitted. This issue is the only one which gets much attention from the public. However serious the other considerations may be, the lay citizens of the United States can think only of the necessity of protection to their Supreme Court. Our influence in this situation must of necessity be great. Whatever …

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What Lawyers Think Of The President's Court Proposal, Anon Apr 1937

What Lawyers Think Of The President's Court Proposal, Anon

Washington Law Review

The American Bar Association has announced that in every one of the forty-eight States and the District of Columbia, the members of the Association participating in its recent poll voted disapproval of an increase in the number of Justices of the Supreme Court of the United States on the basis recommended by the President of the United States in his message of February 5, 1937. Members of the Association throughout the United States voted by secret ballot by mail, upon the various proposals affecting the Federal Judiciary, four of which were approved by a majority of the members voting; but …

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Report Of Committee On Unauthorized Practice, Ewing D. Colvin Apr 1937

Report Of Committee On Unauthorized Practice, Ewing D. Colvin

Washington Law Review

We again urge all members of the Bar who are interested in curbing the unauthorized practice of the law to submit to the local committee or to the general committee all competent evidence that they might have showing any instance of unauthorized practice. We merely urge that the lawyer submitting the instances be sure that he gives us evidence or facts and not merely rumors, upon which we can at least open communication with the parties in question. If for any reason a lawyer would be embarrassed if it became known that he was making such reports, the committee gives …

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Res Gestae, Edmund M. Morgan Apr 1937

Res Gestae, Edmund M. Morgan

Washington Law Review

A multitude of cases creates chaos in this subject. Even so great a scholar and lawyer as Simon Greenleaf was unable to clarify the topic when the decisions were fewer and simpler. Mr. (afterwards Mr. Justice) Pitt Taylor, the author of Taylor on Evidence, copied Greenleaf word for word; but when in controversy with Mr. Chief Justice Cockburn over Bedinglield's case, had to confess that his text consisted of words "full of sound, signifying nothing". He insisted, however, that the definition which the Chief Justice had framed left him "enveloped in a fog, dense as that by which I am …

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An Evaluation Of Washington Marriage Laws, Richard T. Young Apr 1937

An Evaluation Of Washington Marriage Laws, Richard T. Young

Washington Law Review

Today the attitude of the public, as well as that of most lawmaking bodies, is still one of laissez faire towards this question of marriage laws. It is only when we realize that the problem is inherently involved with that of divorce, juvenile delinquency, pauperism and public health that the need for more scientific marriage legislation is made apparent. The appalling rate at which divorce and crime have increased in the United States in the last few years discloses serious deficiencies in those laws under which the family originates.

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The Board Of Governors Wants You To Know That—, Anon Apr 1937

The Board Of Governors Wants You To Know That—, Anon

Washington Law Review

Announcing that 33 applicants who took the January bar examination passed; information on admissions on motion; prospective meetings of the Board of Governors and annual convention; publication of the lawyers' directory; district governor elections; state referendum on the President's proposal regarding the U.S. Supreme Court; and an outsider's view of the Bar Association's accomplishments.

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Some Practical Aspects Of Section 77-B Of The Bankruptcy Act, Roger L. Shidler Apr 1937

Some Practical Aspects Of Section 77-B Of The Bankruptcy Act, Roger L. Shidler

Washington Law Review

Generally speaking, 77-B provides that a corporation which is insolvent or unable to meet its debts as they mature, may file a petition for reorganization under the provisions of the Amendment, and may propose a Plan of Reorganization. The Plan must include provisions modifying or altering the rights of creditors generally, or of any class of them, and may include provisions modifying or altering the rights of stockholders generally. To make the Plan effective, 66 2/3% of each class of creditors affected by the Plan must file acceptances of the Plan, and if the corporation is not insolvent, 51% of …

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Acts Of Congress Declared Unconstitutional By The Supreme Court, Anon Apr 1937

Acts Of Congress Declared Unconstitutional By The Supreme Court, Anon

Washington Law Review

With the spotlight of public attention centered upon the Supreme Court controversy, it is of interest to the bar to be apprised of the number and nature of the decisions of the Court declaring Acts of Congress unconstitutional. The following list has therefore been compiled, with the cooperation of the West Publishing Company. The list includes decisions down to the end of the year 1936.

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The Meaning Of A Lawyer's Oath Of Office, Hugh C. Todd Apr 1937

The Meaning Of A Lawyer's Oath Of Office, Hugh C. Todd

Washington Law Review

Delivered by Judge Hugh C. Todd of the Superior Court for King County to the Newly Admitted Lawyers, January 1937.

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Should The Bar Advertise?, William Devin Apr 1937

Should The Bar Advertise?, William Devin

Washington Law Review

The day has arrived when the legal profession, if it is to retain its rightful place in society, and preserve its very life, must inform and educate the public concerning the truth of its cause. Public opinion today is being molded by the crime headlines and comic strips of the daily press, and by the radio programs which come into the homes of the nation, no one of which truthfully depicts the services or duties of 98 per cent. of our profession. We are judged as a whole by the acts of a very small minority, and what do we …

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Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor Jan 1937

Competency Of Proof Of "Customary" Negligence In Support Of Charge Of Specific Act Of Negligence, Judson F. Falknor

Washington Law Review

It is no doubt accurate to say that the bar of this state has heretofore assumed (and justifiably so, in view of prior decisions of the court) that, generally speaking, a specific charge of negligence (e.g. excessive speed) may not be established by proof of prior or similar acts of negligence, nor even by proof of customary or habitual negligence of the same sort. Consequently, the opinion of the Washington Supreme Court in Sheddy v. Inland Motor Freight, is of more than passing interest.

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Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt Jan 1937

Work Of England's Court Of Criminal Appeal, Arthur T. Vanderbilt

Washington Law Review

This article, written by the Chairman of the New Jersey Judicial Council, was first published in the sixth annual report of that body and later reprinted in the October, 1936, Issue of the Journal of the American Judicature Society. So much has been written in non-legal publications in this country concerning the efficiency of the English administration of criminal law and procedure that It will undoubtedly be of interest to the bar to be informed more exactly on the subject by the more detailed and exact research and comment of a member of the legal profession. With that idea in …

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The Theory Of Field Warehousing, Anthony Kane Jan 1937

The Theory Of Field Warehousing, Anthony Kane

Washington Law Review

The system of "field storage warehousing" has been developed to provide a simple but safe means whereby the owner, manufacturer, producer or extractor can obtain credit on goods which cannot be readily moved or mortgaged. Field storage warehousing is fundamentally the same transaction as the pledge discussed above, except that now a bona fide warehouse company takes the place of the pledgee's agent and the pledgee has constructive possession of the goods by virtue of a warehouse receipt instead of actual possession as in an ordinary pledge. Warehouse companies specializing in "field storage warehousing" have developed this security device to …

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Accountability Of Promoters To The Corporation For Profits, Maurice Gershon Jan 1937

Accountability Of Promoters To The Corporation For Profits, Maurice Gershon

Washington Law Review

The Washington cases involving the question of the corporation's right of action against promoters who reap secret profits, do not yet cover the complete scope of legal principles developed on this subject. The cases state general conclusions and are inadequately discussed. In order that the Washington cases may be better evaluated, a brief summary of the general rules as applied in other jurisdictions, will first be presented.

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State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams Jan 1937

State Court Jurisdiction Of Claims For Federal Penalties, Taxes And Customs Duties, De Witt Williams

Washington Law Review

In view of the clear acknowledgment by the Supreme Court of the United States that state courts cannot be required to take jurisdiction of actions by the Federal Government for the enforcement of its penal and revenue laws, it seems proper to give further attention to the subject matter of a recent Comment in this Law Review written for the purpose of demonstrating that a state court must take jurisdiction of civil actions for the enforcement by the Federal Government of its penal and revenue laws, unless the jurisdiction of the federal courts is made exclusive by statute.

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Conduct Of The State Bar Examinations, S. H. Kelleran Jan 1937

Conduct Of The State Bar Examinations, S. H. Kelleran

Washington Law Review

The State Bar Act, adopted in 1933, vests in the Board of Governors the power to adopt rules, subject to the approval of the Supreme Court, fixing the qualifications, requirements and procedure for admission to the practice of law, and vests in it also the power to appoint boards or committees to examine applicants for admission. Under the authority of that act, the Board of Governors has adopted such rules, which have been duly approved. Except as they provide for admission in Washington upon a showing of admission and practice in another state, these rules require an examination, under direction …

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The Hearsay Rule, Edmund M. Morgan Jan 1937

The Hearsay Rule, Edmund M. Morgan

Washington Law Review

Any attempt to define a legal concept makes advisable an inquiry into its origin and evolution. If it be a substantive law concept, the social purpose that is designed to serve—whether the avoidance of evils or the creation or furtherance of positive benefits—must be considered. If it be a concept of procedural law, the functions it is, or is thought to be, designed to perform in the process of reaching the factual and legal bases for satisfactory determination of disputes between litigants must be examined. It is proposed, therefore, first to look briefly at the causes which brought the hearsay …

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Compiling The Territorial Codes Of Washington, Arthur S. Beardsley Jan 1937

Compiling The Territorial Codes Of Washington, Arthur S. Beardsley

Articles

The story of the codes of laws which have been used in the Territory of Washington is little known. Little has been said of their influence on the legal history of the territory and state, and less has been recorded concerning those whose legal skill has produced these codifications. Some phases of the historical influences which form the background of the codes Washington Territory, and the important parts played by their makers, have become either lost or shrouded in oblivion. In the not far distant future the stories of other phases of this legal history may pass from the memory …

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1935 Meeting Of The Pacific Coast Institute Of Law; Institute Proceedings, Anon Nov 1935

1935 Meeting Of The Pacific Coast Institute Of Law; Institute Proceedings, Anon

Washington Law Review

An event of the past summer which has been the subject of much favorable comment was the second annual meeting of the Pacific Coast Institute of Law the sessions of which were held in Condon Hall at the University of Washington under the sponsorship of the School of Law. The Institute was conducted in conjunction with the annual meeting of the Washington State Bar Association and over eight hundred persons, including judges, lawyers, law teachers and representatives of other professional fields, not only from the Pacific Coast states but from other sections of the United States and from Canada, were …

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Action Against Receiver—Equitable Defenses; Bank-Depositor Relationship—Three Doctrines Relating To Endorsements; Constitutional Law—State Taxation—Interstate Commerce; Evidence—Spontaneous Declarations Of Present Pain; Corporations—Watered Stock; Workmen's Compensation—Compensable Employment—Emergency Relief Work; Landlord And Tenant—Crop Share Rental—Interest Of Landlord In Tenant's Conflict With Seed Company, C. A. C. Nov 1935

Action Against Receiver—Equitable Defenses; Bank-Depositor Relationship—Three Doctrines Relating To Endorsements; Constitutional Law—State Taxation—Interstate Commerce; Evidence—Spontaneous Declarations Of Present Pain; Corporations—Watered Stock; Workmen's Compensation—Compensable Employment—Emergency Relief Work; Landlord And Tenant—Crop Share Rental—Interest Of Landlord In Tenant's Conflict With Seed Company, C. A. C.

Washington Law Review

No abstract provided.

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Moral Obligation As Consideration For A Promise In Washington, Robert L. Palmer Nov 1935

Moral Obligation As Consideration For A Promise In Washington, Robert L. Palmer

Washington Law Review

Moral obligation has been defined as a duty which one owes and which he ought to perform, but which he is not legally bound to fulfill. In order better to understand this doctrine as applied specifically to the Washington cases and law, let us consider the history and a brief statement of the principle.

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The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren Nov 1935

The Doctrine Of Res Judicata As Applied To The Trial Of Criminal Cases, W. G. Mclaren

Washington Law Review

The principle of res judicata as applied to civil litigation is very familiar. Likewise well known in the field of criminal law is the doctrine of former jeopardy It is apparent, however, from an examination of decisions in criminal cases, that aside from the very restricted field of former jeopardy, the application of the general doctrine of res judicata to criminal litigation is not generally appreciated and applied. The doctrine of former jeopardy is of course applicable only where the two offenses are identical, and cannot be invoked if the offenses are distinct, even in cases where the same facts …

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The Limits Of Congressional Investigating Power, Jack Gose Apr 1935

The Limits Of Congressional Investigating Power, Jack Gose

Washington Law Review

Of recent years much publicity has been given to the activities of congressional investigating committees At the present time such a committee is engaged in examining witnesses and taking evidence concerning the operations of munitions manufacturers. About a year ago a similar investigation of much publc interest was held coneerning the matter of air mail contracts. In the decade immediately preceding, the scandals arising out of the Harding administration formed the subject of similiar inquiries. Many like rncidents within present-day memory might be cited, but the mention of any single recent investigation should not create the impression that congressional activity …

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Intent To Deceive In Applications For Insurance Policies, Leo D. Bloch Apr 1935

Intent To Deceive In Applications For Insurance Policies, Leo D. Bloch

Washington Law Review

In any type of insurance, the determination of the insurance company to assume the risk with regard to any particular person or thing is based on the application submitted by the person desiring the insurance. It is through the medium of the application that the company secures the information which it desires with regard to the particular risk. Logically, therefore, the insurance company should be protected if incorrect statements are made in the application. On the other hand, the insured is entitled to be protected by the insurance when he has been paying premiums and basing his conduct on the …

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Publication Of The Restatement Of The Conflict Of Laws, Anon Apr 1935

Publication Of The Restatement Of The Conflict Of Laws, Anon

Washington Law Review

The Restatement of the Law of Conflict of Laws, recently. published by the American Law Institute Publishers, is the third project of the American Law Institute to be completed, having been preceded by the Restatements of Contracts and Agency. Two volumes on Torts have also been published. Like its companion volumes this work is the result of the joint efforts of a large group of experts in this field, in this case extending over a period of eleven years. The Reporter was Professor Joseph H. Beale of the Harvard Law School, who has spent some forty years in studying and …

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Service Through Books, Anon Apr 1935

Service Through Books, Anon

Washington Law Review

The number and variety of law books now in use is so great that lawyers can not hope to possess relatively more than a very few. Law school libraries and bar association libraries can not afford the purchase of but a small fraction of those available for the use of the profession. The publication of new law books continues to grow from year to year. Several thousand appear each year, most of which can be made available for the use of the legal profession only through the facilities of the larger law libraries. Thus has come about the development in …

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