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Articles 1 - 30 of 44
Full-Text Articles in Law
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Negotiable Instruments—A Comparison Of Washington Law And Uniform Commercial Code Article 3 [Part 2], Richard Cosway
Washington Law Review
No abstract provided.
Judicial Notice Of Foreign Law, Robert L. Beale
Judicial Notice Of Foreign Law, Robert L. Beale
Washington Law Review
In 1936 the Commissioners on Uniform State Laws promulgated the Uniform Judicial Notice of Foreign Law Act. To date the Act has been adopted by twenty-eight jurisdictions, including Washington. Although the purpose of the Act was commendable, and the modernization it sought to achieve greatly needed, it seems that further action, either judicial or legislative is needed in some of the states where it has been adopted. Reform is particularly necessary in Washington. This comment will explore the Washington law prior to the enactment of the Uniform Act, the intent of the Act, and the actual effect that its enactment …
Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman
Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to exaimne-the nature of the powers of municipal corporations in Washington in relation to the powers of the state legislature. A municipal corporation has been defined by the Washington supreme court as a body politic established by law as an agency of the state-partly to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the incorporated city, town or district. Dependent upon the objective of the particular statute creating the body in question and the definition in such statute, the term "municipal corporation" …
Soviet Comrades' Courts, Harold J. Berman, James W. Spindler
Soviet Comrades' Courts, Harold J. Berman, James W. Spindler
Washington Law Review
A major aspect of Soviet criminal law reform since 1959 has been the transfer of certain judicial functions to Comrades' Courts, which are nonprofessional tribunals established to try petty offenses in enterprises, apartment houses, collective farms, universities, and elsewhere. These are called "social," rather than "state," agencies, because they are not staffed by civil servants but by volunteers and because they are conceived to perform a persuasive rather than a coercive function. Apart from their practical importance, they play an important part in symbolizing the theory that in the new period of "expanded construction of communism" there will be a …
Poverty And Criminal Justice, Arval A. Morris
Poverty And Criminal Justice, Arval A. Morris
Washington Law Review
A conflict of the ideal of equality with reality exists today. Although our society has been characterized as affluent, there exist many citizens for whom reasonable legal fees appear unreasonable or impossible.
Comparison Of Washington And Federal Gift Taxes, Richard H. Williams
Comparison Of Washington And Federal Gift Taxes, Richard H. Williams
Washington Law Review
Generally, federal gift tax consequences are uppermost in the Washington lawyer's mind when he deals with gift tax problems. Consequently, certain differences in the Washington gift tax law are inadvertently overlooked. Although the Washington Act was patterned after the federal act of 1932, several important areas of difference do exist between the two statutes. The purpose of this comment is to explain portions of the Washington gift tax statute, while comparing and contrasting it with the Internal Revenue Code of 1954. The dearth of cases construing the Washington gift tax statute presents a problem in areas where the statute is …
Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger
Double Jeopardy Where Both City And State Prosecute The Same Act, L. William Houger
Washington Law Review
This comment's concern is the situation in which a municipality and a state each define the same conduct as criminal, and each, in a separate action prosecutes the same defendant for the same act. The sole question explored in this comment is whether there is, or should be, a bar, on the ground of double jeopardy, to city or state prosecutions where the other has prosecuted. An attempt has been made exhaustively to canvass the question and also the position of the state and federal courts.
Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.
Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.
Washington Law Review
In 1959 the state legislature passed a law enabling Washington to obtain federal-aid highway grants for the reimbursement of utility relocation costs incident to federal highway construction. In the recent case of Washington St. Hy. Comm'n. v. Pacific Northwest Bell Tel. Co., the Washington Supreme Court held this legislation to violate the state constitution.
Criminal Law—Search Incident To An Arrest, Hayes Elder
Criminal Law—Search Incident To An Arrest, Hayes Elder
Washington Law Review
In a recent case, State v. Michaels, the Washington Supreme Court announced a new rule for search and seizure incident to an arrest: the purpose of the arrest circumscribes the area and nature of the search.
Torts—Gross Negligence Under The Guest Statute, Dwayne Copple
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.
Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.
Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.
Washington Law Review
The Washington court denied the claim of General Motors that the Washington Business and Occupation Tax violated the due process and commerce clauses as applied to its interstate business of wholesaling new cars. The Tax Commission had determined that the activities of General Motors within the state subjected the corporation to this tax on its gross receipts.
Criminal Law—Admissibility Of Confessions, Michael D. Garvey
Criminal Law—Admissibility Of Confessions, Michael D. Garvey
Washington Law Review
State v. Moore recently held that only two proper grounds exist for excluding a confession from evidence in a criminal trial: That it was obtained in violation of the due process clause of the fourteenth amendment to the federal constitution or that it has not met the test provided by Washington statute. The Washington Constitution provides that, "no person shall be compelled in any criminal case to give evidence against himself . . ."' But the court held that this provision does not apply to the admissibility of confessions. The defendant had been convicted of second degree burglary and grand …
Criminal Law—Double Jeopardy, David W. Sandell
Criminal Law—Double Jeopardy, David W. Sandell
Washington Law Review
In State v. Connors, the Washington State Supreme Court held that a defendant had been placed in jeopardy when, sua sponte, a trial court erroneously declared a mistrial over his objection. A later retrial of the defendant therefore constituted double jeopardy.
Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces
Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces
Washington Law Review
Defendant was charged with negligent homicide under RCW 46.56.0401 for causing the death of a pedestrian through the operation of a motor vehicle. The trial jury found the defendant guilty, but the trial judge entered an order arresting judgment and, in the alternative, granting a new trial. From this order the state appealed. In his trial memorandum, the judge ruled as a matter of law that the evidence was insufficient to show any causal relation between the defendant's state of intoxication and the resulting death to a pedestrian. The Washington Supreme Court in a 5-3 decision reversed and remanded with …
Damages—Attorney's Fees, Robert L. Beale
Damages—Attorney's Fees, Robert L. Beale
Washington Law Review
In Wells v. Aetna Insurance Co. the Washington court indicated an increasing friendliness toward the allowance of attorney's fees as damages. The plaintiff, Wells, had purchased a car from a used car dealer. The dealer had earlier made what the court called a "fictitious" sale to someone else, and had then assigned the conditional sales contract to a financing company, Hayden Mills & Associates, Inc. Apparently there was a record of this sale at the state license department, but no valid release was on file there. So when Wells applied for a new registration and a new title certificate, these …
Torts—Assumption Of Risk, Virginia A. Oldow
Torts—Assumption Of Risk, Virginia A. Oldow
Washington Law Review
In Siragusa v. Swedish Hospital the Washington Supreme Court abolished the assumption of risk defense in suits brought by employees against their employers. Overruling prior decisions that were inconsistent, the court held that an employer has a duty to exercise reasonable care to provide his employees with a reasonably safe place to work, and may not assert as a defense to an action based on his breach of that duty, that the injured employee was aware or should have known of the negligently maintained condition. The court adopted the position of the Missouri and North Carolina courts that the employee …
Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper
Administrative Law—Review Of Administrative Action By Extraordinary Writ, Charles B. Cooper
Washington Law Review
In State ex rel. Cosmopolis Consol. School Dist. No. 99 v. Bruno, a school district having no high school sought review of the procedure under which its pro-rata contribution to the building program of a neighboring high school district had been determined. The supreme court held that review by extraordinary writ was proper, and two aspects of its decision merit attention because of their implications concerning review of administrative action generally. First, although the district had proceeded under a writ of certiorari, which is by statute restricted to the review of "judicial" functions, the supreme court in deciding that review …
Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces
Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces
Washington Law Review
Until recently, a plaintiff who had suffered emotional injury normally had to show an accompanying physical harm in order to maintain a successful action for damages. His ability to recover for severe emotional distress unaccompanied by physical injury is being recognized by an increasing number of jurisdictions. The current situation is marked by the unsettled nature of the law. Reluctance to grant relief for such an injury has been based upon a desire to avoid not only fictitious claims, but also the litigation of trivialities and bad manners. However, even before this change in attitude by the courts, if some …
Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi
Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi
Washington Law Review
The Washington court in Weitman v. Grange Ins. Ass'n., enforced a gratuitious promise by a promisor-insurer that it would notify the promisee-insured of any lapse or termination in his insurance coverage.
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Washington Law Review
Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.
Wills—Testamentary Capacity—Insane Delusions, John S. Calvert
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.
Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder
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.
Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin
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.
Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins
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.
Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.
Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.
Washington Law Review
By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.
Conflict Of Laws—Policy Of The Forum As Basis Of Conflicts Rules, David W. Sandell
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.
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi
Washington Law Review
The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.
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.
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.
Creditor's Rights—Bankruptcy—Section 70(C)—Actual Creditor Required, John S. Calvert
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.
Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe
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?"'