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Articles 1291 - 1320 of 3365
Full-Text Articles in Law
"Political Opinions" Of Refugees: Interpreting International Sources, Linda Dale Bevis
"Political Opinions" Of Refugees: Interpreting International Sources, Linda Dale Bevis
Washington Law Review
To receive asylum in the United States, persons must show that they are "refugees." They do so by demonstrating fear of persecution on account of political opinion, race, religion, nationality, or social group membership. The most common basis for an asylum claim is political opinion. However, there is no consistently applied interpretation of "persecution on account of political opinion" in United States law. An appropriate construction of the term would consider its development in the historical context of refugee law. This Comment explores the spirit of international instruments and interpretive materials, as well as United States legislative history behind the …
Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad
Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad
Washington Law Review
This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …
Attorney's Fee Contingency Enhancements: Toward A Complete Incentive To Litigate Under Federal Fee-Shifting Statutes—Pennsylvania V. Delaware Valley Citizens' Council For Clean Air, 107 S. Ct. 3078 (1987), Arthur J. Lachman
Washington Law Review
Federal fee-shifting statutes generally allow trial courts to award "reasonable" attorney's fees to prevailing parties in order to promote private enforcement of Congressional statutory directives. The starting point for the computation of fee awards under the fee-shifting statutes is the "lodestar" amount. The "lodestar" amount is defined as the reasonable number of hours spent by the attorney on the case multiplied by a reasonable hourly rate. Trial courts, in their discretion, have then enhanced the lodestar amount based on a variety of factors, including the quality of representation, delay in receiving payment, and contingency. Contingency is defined as the risk …
Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad
Philippine Land Reform: The Just Compensation Issue, Timothy Milton Hanstad
Washington Law Review
This Comment analyzes current Philippine land reform efforts, focusing on the constitutional definition of just compensation. First, the Comment discusses past Philippine land reform efforts. Second, the Comment analyzes legal arguments relating to a fair market value interpretation of just compensation. The Comment concludes that just compensation does not need to be interpreted as fair market value. In fact, such an interpretation may effectively abort any land reform effort in the Philippines, and perpetuate the structure of land ownership which the constitution seeks to remedy. Finally, this Comment proposes an alternative interpretation for land reform valuation that meets the just …
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user …
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user interface. Although …
Stock Subscription Law For Practitioners, Richard O. Kummert
Stock Subscription Law For Practitioners, Richard O. Kummert
Washington Law Review
Law review analysis of stock subscription law—the law related to promises to pay to a corporation a stated sum for a specified number of unissued shares—has been noticeably lacking in recent years. I suspect the most prominent reasons for the void center on the feeling in the academic community that subscriptions are used infrequently and that in any event the law related to them is settled. The material that follows demonstrates that both these propositions are false: subscriptions appear to be used with some frequency in the formation of small corporations, and the law related to them remains complex and …
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
The Alternative Minimum Tax For Individuals: Present Problems And Future Possibilities, Kerry Sean Bucklin
The Alternative Minimum Tax For Individuals: Present Problems And Future Possibilities, Kerry Sean Bucklin
Washington Law Review
This Comment addresses the problems presented by the revised alternative tax. First, the alternative tax is described in the context of the 1986 Tax Reform Act. Second, the new provisions of the alternative tax are analyzed to show that even with them, the alternative tax still does not tax all economic income. Third, the inefficiency and inequitable nature of the alternative tax are examined. Fourth, short and long-term solutions to the current alternative tax problems are proposed.
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Washington Law Review
The most recent Indian law case before the Supreme Court, California v. Cabazon Band of Mission Indians, involved the rights of states to regulate gambling on federally recognized Indian reservations. The Court ruled in Cabazon that state regulation of tribal gambling operations was not allowed. This Note examines the Court's decision, proposes a more consistent method for application of Public Law 280, and suggests adoption of a new test for Indian law decisions. The balancing test currently used by the Court, which weighs state interests in jurisdiction almost equally against Indian interests, should no longer be used in conjunction …
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
Washington Law Review
There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …
Stock Subscription Law For Practitioners, Richard O. Kummert
Stock Subscription Law For Practitioners, Richard O. Kummert
Washington Law Review
Law review analysis of stock subscription law—the law related to promises to pay to a corporation a stated sum for a specified number of unissued shares—has been noticeably lacking in recent years. I suspect the most prominent reasons for the void center on the feeling in the academic community that subscriptions are used infrequently and that in any event the law related to them is settled. The material that follows demonstrates that both these propositions are false: subscriptions appear to be used with some frequency in the formation of small corporations, and the law related to them remains complex and …
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
Washington Law Review
Evaluating accomplishments and prospects in the area of international human rights law recalls the oft-used rhetorical question about whether the glass is half empty or half full. As far as human rights are concerned, if the question is "how much has been achieved," the answer must be "a great deal." If the question is "how much remains to be achieved," the answer will be the same: "a great deal." Has a great deal more been achieved than remains to be accomplished? Yes and no; it all depends where we start and what we consider to be achievements. Tonight I propose …
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz
Washington Law Review
There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
Washington Law Review
Numerous state and federal statutes award winning litigants attorney's fees from losing litigants. The Washington long arm statute, section 4.28.185(5) of the Revised Code of Washington, allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs. The statute provides that when defendants are personally served outside the state on causes of action enumerated in the statute, the court may require a plaintiff to pay the defendant's reasonable attorney's fees. This Comment argues that the judicial implementation of this provision inappropriately inflicts injury upon Washington plaintiffs while often failing to protect nonresident defendants.
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
Washington Law Review
This Comment addresses the role of the tort system in the vaccine liability crisis and analyzes the probable success of the Act in resolving the crisis. This Comment recommends that the Act be amended to prohibit all actions against vaccine manufacturers based on failure to warn theories. Even though failure to warn is not a proper basis for finding civil liability, this Comment suggests that the Food and Drug Administration establish guidelines, enforceable under the Federal Food, Drug, and Cosmetic Act, to require that each vaccinee receives an adequate warning of the risks associated with vaccination.
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal
Washington Law Review
Evaluating accomplishments and prospects in the area of international human rights law recalls the oft-used rhetorical question about whether the glass is half empty or half full. As far as human rights are concerned, if the question is "how much has been achieved," the answer must be "a great deal." If the question is "how much remains to be achieved," the answer will be the same: "a great deal." Has a great deal more been achieved than remains to be accomplished? Yes and no; it all depends where we start and what we consider to be achievements. Tonight I propose …
The Alternataive Minimum Tax For Individuals: Present Problems And Future Possibilities, Kerry Sean Bucklin
The Alternataive Minimum Tax For Individuals: Present Problems And Future Possibilities, Kerry Sean Bucklin
Washington Law Review
This Comment addresses the problems presented by the revised alternative tax. First, the alternative tax is described in the context of the 1986 Tax Reform Act. Second, the new provisions of the alternative tax are analyzed to show that even with them, the alternative tax still does not tax all economic income. Third, the inefficiency and inequitable nature of the alternative tax are examined. Fourth, short and long-term solutions to the current alternative tax problems are proposed.
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson
Washington Law Review
Numerous state and federal statutes award winning litigants attorney's fees from losing litigants. The Washington long arm statute, section 4.28.185(5) of the Revised Code of Washington, allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs. The statute provides that when defendants are personally served outside the state on causes of action enumerated in the statute, the court may require a plaintiff to pay the defendant's reasonable attorney's fees. This Comment argues that the judicial implementation of this provision inappropriately inflicts injury upon Washington plaintiffs while often failing to protect nonresident defendants.
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
The National Childhood Vaccine Injury Act Of 1986: A Solution To The Vaccine Liability Crisis?, Mary Beth Neraas
Washington Law Review
This Comment addresses the role of the tort system in the vaccine liability crisis and analyzes the probable success of the Act in resolving the crisis. This Comment recommends that the Act be amended to prohibit all actions against vaccine manufacturers based on failure to warn theories. Even though failure to warn is not a proper basis for finding civil liability, this Comment suggests that the Food and Drug Administration establish guidelines, enforceable under the Federal Food, Drug, and Cosmetic Act, to require that each vaccinee receives an adequate warning of the risks associated with vaccination.
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Indian Sovereignty: Confusion Prevails—California V. Cabazon Band Of Mission Indians, 107 S. Ct. 1083 (1987), Connie K. Haslam
Washington Law Review
The most recent Indian law case before the Supreme Court, California v. Cabazon Band of Mission Indians, involved the rights of states to regulate gambling on federally recognized Indian reservations. The Court ruled in Cabazon that state regulation of tribal gambling operations was not allowed. This Note examines the Court's decision, proposes a more consistent method for application of Public Law 280, and suggests adoption of a new test for Indian law decisions. The balancing test currently used by the Court, which weighs state interests in jurisdiction almost equally against Indian interests, should no longer be used in conjunction with …
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Choice Of Law In Washington—The Evolution Continues, Philip A. Trautman
Washington Law Review
Twenty years ago an analysis of choice of law principles in the state of Washington concluded with the following observation: "The evolutionary process has finally begun in Washington. It will be a long time in developing. The limitations on that development are only those imposed by the ingenuity, insights and degree of in-depth research and work of counsel and the court."' Much has happened in the twenty years since that statement was made. On the national level, the United States Supreme Court has for the most part withdrawn from the scene and has imposed little control upon the states in …
The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.
The Implied Warranty Of Habitability Doctrine In Residential Property Conveyances: Policy-Backed Change Proposals, Joseph C. Brown Jr.
Washington Law Review
Washington's implied warranty of habitability doctrine is a creature of public policy. Its application is appropriately defined and limited by policy concerns. In conceivable cases, however, limits on the doctrine's application would yield results inconsistent with its public policy bases. Although created to protect a specific class of residence purchasers, in Washington the doctrine arbitrarily excludes from its coverage some potential members of that class. Because of these and other problems, the doctrine needs restructuring. This Comment explores the doctrine's public policy roots, analyzes potential new elements and the doctrine's existing elements in light of policy concerns, and suggests changes …
Protecting The Appearance Of Judicial Impartiality In The Face Of Law Clerk Employment Negotiations, Kevin D. Swan
Protecting The Appearance Of Judicial Impartiality In The Face Of Law Clerk Employment Negotiations, Kevin D. Swan
Washington Law Review
This Comment examines the relationship among judges, law clerks, and the requirements placed on both to maintain the appearance of impartiality. It also addresses current standards applied to this problem and evaluates those standards based on the policies behind the cases and rules governing conflicts of interest. It analyzes what circumstances mandate removal of clerks from cases, as well as what circumstances mandate the removal of the clerks' respective judges. Finally, this Comment proposes a rule of professional responsibility for judges and clerks to follow when the clerks are involved in employment negotiations, and suggests the implementation of training and …
Supreme Court Voting Patterns Related To Jurisdictional Issues, John R. Leathers
Supreme Court Voting Patterns Related To Jurisdictional Issues, John R. Leathers
Washington Law Review
The past decade of development by the United States Supreme Court of constitutional law related to jurisdiction has been one of amazingly swift occurrences. Although progress in the area has traditionally been glacial, the Court has produced a consistent flow of opinions over the last ten years. With the flow has come a virtual flood of commentary. A consensus is emerging among scholars, perhaps shared by some members of the Court, that the current developmental framework for judicial jurisdiction dating from International Shoe Co. v. Washington may be ripe for revamping, and that the process may produce a new framework. …
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Constitutional Challenges To The Partial Rejection And Modification Of The Common Law Rule Of Joint And Several Liability Made By The 1986 Washington Tort Reform Act, Cornelius J. Peck
Washington Law Review
The procedural due process questions raised by Section 401 differ in substantial ways from questions in traditional procedural due process cases. In most of the decided cases a governmental body or a private individual was attempting to harm the interests of the person claiming due process protection. Due process requirements were established as protections for the defendant. Only a few of the cases involved a claim of due process in access to a judicial remedy. Persons contesting the constitutionality of Section 401 will argue that the limitations imposed and the procedures required by that Section fail to meet the requirements …
The Testimony Of Child Witnesses: Fact, Fantasy, And The Influence Of Pretrial Interviews, John R. Christiansen
The Testimony Of Child Witnesses: Fact, Fantasy, And The Influence Of Pretrial Interviews, John R. Christiansen
Washington Law Review
Youth alone does not make a child witness' statements unreliable. Generally speaking, children are about as reliable as adults in reporting events they have actually perceived or experienced. However, a young child is, in certain respects, more vulnerable to suggestion than an adult and more liable to confuse memory of fact with memory of fantasy. The danger is that pretrial interviewing and preparation procedures will suggest facts and stimulate fantasies the child will thereafter report and recall as truth. Falsification of memory is far from inevitable and can be prevented by careful handling of the pretrial child witness procedures. But …
Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley
Attorney Reinstatement Standards: A Proposal For Reform In Washington State, Anne Badgley
Washington Law Review
This Comment reviews the background leading to Washington's present reinstatement guidelines and analyzes the approach taken by the Washington Supreme Court in deciding reinstatement petitions. Three recent cases are discussed to illustrate the problems created by the current approach. This Comment suggests that the court adopt a new approach in deciding reinstatement cases. The proposed approach establishes uniform disbarment periods for specific offenses and clarifies the qualifications expected of individual reinstatement applicants. This approach utilizes the categories of offenses set forth in the proposal drafted by the American Bar Association (hereinafter ABA) Standards for Imposing Lawyer Sanctions. The proposed changes …
The Role Of Arms Control In Strategic Nuclear Doctrine: Sdi, Mad, And The Abm Treaty, William A. Kinsel
The Role Of Arms Control In Strategic Nuclear Doctrine: Sdi, Mad, And The Abm Treaty, William A. Kinsel
Washington Law Review
To resolve the underlying doctrinal dispute, the United States must choose either to abandon SDI in favor of MAD, or vice versa. This choice is necessary because, as this Comment demonstrates, the two doctrines cannot be maintained simultaneously. Once this primary choice is made, the debate over the interpretation of the ABM Treaty resolves itself into the secondary question of whether to terminate the Treaty to allow effective pursuit of SDI, or to reaffirm that treaty to permit continued reliance on the doctrine of MAD as the basis of our nuclear deterrent. This Comment, after identifying the competing premises of …
Reexamining The Physician's Duty Of Care In Response To Medicare's Prospective Payment System, Andrea Jean Lairson
Reexamining The Physician's Duty Of Care In Response To Medicare's Prospective Payment System, Andrea Jean Lairson
Washington Law Review
In Wickline, the California Court of Appeals indicated that the physician's standard of care is unchanged by pressures from cost containment programs. While recognizing the desirability of controlling health care costs, this Comment argues that physicians who care for Medicare patients should not be held to a lower standard of care than those who care for patients not covered by Medicare. Indeed, physicians should be required to take reasonable steps to ensure that their patients will not be harmed by financially-motivated treatment decisions.